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Posted on: August 23, 2019

Southampton Village Passes Local Law#7 of 2019 to Regulate the Release of Balloons

Image of balloons on the beach

LOCAL LAW NO. 7 OF 2019

A LOCAL LAW amending the code of the Village of Southampton to add a new Chapter 40 (Balloons) regulating the release of balloons.
BE IT ENACTED by the Board of Trustees of the Village of Southampton as follows:

Section 1.  Legislative Intent.  This local law is intended to reduce the negative impact that balloons have on the environment by discouraging the intentional release of balloons.  Balloons waste natural resources, litter our communities, pollute our waterways and kill wildlife.  The Village of Southampton, like many surrounding communities, believes all efforts need to be made to prevent further damage by requiring the proper disposal of balloons and prohibiting the intentional release of balloons. 

Section 2. Amendment.   The Code of the Village of Southampton is amended by adding the underlined words in a new Chapter 84 (Balloons) as follows: 

CHAPTER 40- BALLOONS

§40-1. Definitions.  As used in this chapter, the following terms shall have the indicated meanings:
BALLOON - A flexible nonporous bag made from materials such as rubber, latex, polychloroprene or nylon fabric that can be inflated or filled with a gas, such as helium, hydrogen, nitrous oxide, oxygen, air or water, and then sealed at the neck, usually as a toy or decoration. 

§40-2. Restrictions on Release of Balloons.  
A. No person shall intentionally release or dispose of any balloon, except in public receptacles, in authorized private receptacles, or in designated disposal areas within Village of Southampton. B. No person, firm, corporation or other entity shall organize the release of, condone the release of, or intentionally cause to be released, any balloon.

§40-3. Exceptions.  The restrictions on the release of balloons in §40-2 shall not apply to the following:
A. Balloons that are being used for the purpose of carrying scientific instrumentation during the performance of an experiment or testing procedure or by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
B. Hot air balloons that are recovered after launching.
C. Balloons released indoors.

§40-4. Penalties for offenses.   Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. 

Section 3.  Authority.  The proposed local law is enacted pursuant to Village Law §4-412, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(2). 

Section 4.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 5.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND, BE IT FURTHER RESOLVED, that the Village Administrator is hereby directed to file said Local Law with the Secretary of State; and
 AND, BE IT FURTHER RESOLVED, that the Village Administrator is hereby directed to publish the following Notice of Adoption:

NOTICE OF ADOPTION
PLEASE TAKE NOTICE that after a public hearing was held on July 11, 2019, the Board of Trustees of the Village of Southampton at their meeting of July 11, 2019 adopted LOCAL LAW NO. 7 of 2019 as follows:  “Local Law amending the Code of the Village of Southampton to add a new Chapter 40 (Balloons) regulating the release of balloons.”

Copies of the adopted Local Law are on file in the Village Administrator’s office, Monday through Friday, from 9:00 a.m. to 4:00 p.m.
 BY ORDER OF THE BOARD OF TRUSTEES
 VILLAGE OF SOUTHAMPTON, NEW YORK
 RUSSELL KRATOVILLE, VILLAGE ADMINISTRATOR

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