Editor’s Note: Below is draft language for a proposed bylaw that would ban selling and releasing helium balloons in the the town of Orleans, Massachusetts, which is on Cape Cod. The language comes from the packet of documents for the Orleans Board of Selectmen meeting of Wednesday, January 2, 2019.
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ARTICLE __. ADOPT GENERAL BYLAW, CH. 97 – Prohibition on Sale and Use of Balloons To see if the Town will vote to adopt Chapter 97, Prohibition on Sale and Use of Balloons
as follows or take any other action relative thereto:
Chapter 97
Prohibition on Sale and Use of Balloons
Purpose and Intent
The purpose of this Bylaw is to address public concerns regarding the environmental hazards to wildlife and marine life in the Town of Orleans posed by the release and improper disposal of balloons.
Definitions
Lighter-than-air gas: a gas that is buoyant in air because it has an average density lower than that of air (including, but not limited to helium gas).
Applicability
Effective September 15, 2019, no person shall sell, or distribute to the public, any type of balloon (including, but not limited to plastic, latex, rubber or Mylar balloons) inflated with any type of lighter-than-air gas.
No person shall throw, deposit, discard, or otherwise discharge inflated or uninflated balloons into any street, alley, waterway, park, beach, or other public place in the Town of Orleans.
Further, no person shall knowingly release or cause to be released into the air any balloon(s) inflated with any lighter-than-air gas.
Exemptions
Launching or operation of lighter-than-air aircraft, or the launching of balloons inflated with lighter-than-air gas by government agencies or scientific organizations is allowed.
Enforcement
This bylaw may be enforced by any Town of Orleans police officer or other designee/agent authorized by the Board of Selectman.
Fines and Penalties
Any person or Establishment violating this chapter shall be punished by a non-criminal fine of not more than fifty dollars ($50) for each offense.
