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HomeMy WebLinkAbout2022-05-17; City Council; CS-425; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6 OF THE CARLSBAD MUNICIPAL CODE TO ADD CHAPTER 6.26 – INTENTIONAL RELEASE OF BALLOON...EXHIBIT 3 ORDINANCE NO. CS-425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6 OF THE CARLSBAD MUNICIPAL CODE TO ADD CHAPTER 6.26 – INTENTIONAL RELEASE OF BALLOONS PROHIBITION WHEREAS, the City of Carlsbad, California (“city”) aims to be a leader in sustainability and take action to protect our natural resources, divert waste from landfills, reduce greenhouse gas emissions and increase city cleanliness and quality of life by reducing litter on city beaches and public areas; and WHEREAS, the State of California has found and declared in California Public Resources Code Section 42355 that, “Littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs”; and WHEREAS, current state law prohibits the outdoor release of balloons made of electrically conductive material (foil or “Mylar” balloons) filled with gas lighter than air as part of a public or civic event, promotional activity or product advertisement, and places certain requirements on the condition of sale for such balloons; and WHEREAS, state law does not address the release of other common balloon types, such as latex balloons, that have detrimental effects on wildlife and the environment; and WHEREAS, balloons are often mistaken for food by marine animals and birds, and when ingested can block the digestive tract and lead to loss of nutrition, internal injury, starvation and death; and WHEREAS, balloon accessories, such as ribbons and strings, pose a risk of entanglement for wildlife which can lead to injury, suffocation and death; and WHEREAS, balloons filled with gas lighter than air can travel for miles and end up as litter in the ocean, beaches and wildlife communities; and WHEREAS, reducing balloon litter not only protects the environment, but also improves the cleanliness of the city’s beaches and public areas, reduces the city’s clean-up costs and stimulates the city’s local economy by creating a more attractive environment for tourism; and WHEREAS, the city adopted a Sustainable Materials Management Plan on Aug. 20, 2019, through Resolution No. 2019-145, and a subsequent Sustainable Materials Management Implementation Plan on Dec. 14, 2021, through Resolution No. 2021-291, to provide recommended actions to support the city’s achievement of its sustainability goals; and May 17, 2022 Item #4 Page 15 of 18 WHEREAS, a key initiative of the Sustainable Materials Management Implementation Plan is the research, development and implementation of policies that reduce waste and support the city’s sustainability goals, including addressing plastic pollution; and WHEREAS, on Dec. 14, 2021, through Resolution No. 2021-291, the City Council approved the policy “Road Map” for implementing the proposed Sustainable Materials Management Implementation Plan policies, including drafting an ordinance to prohibit the intentional release of balloons. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: SECTION I: The above recitations are true and correct. SECTION II: Title 6 of the Carlsbad Municipal Code is amended to add Chapter 6.26 – Intentional Release of Balloons, which reads as follows: Chapter 6.26 INTENTIONAL RELEASE OF BALLOONS PROHIBITION Sections: 6.26.010 Intent and Purpose. 6.26.020 Definitions. 6.26.030 Intentional release of balloons prohibited. 6.26.040 Enforcement. 6.26.050 Severability. 6.26.010 Intent and Purpose. It is the intent and purpose of this chapter to prohibit the intentional release of balloons in the city to: 1. Protect wildlife and the environment by reducing harmful litter and marine debris; 2. Improve the cleanliness of city public areas and beaches to increase quality of life for residents, businesses, and visitors; and 3. Align with the goals set forth in other city policies, including the city’s Sustainable Materials Management Implementation Plan, as most recently adopted by the City Council. 6.26.020 Definitions. For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section, unless it is obvious from the context that another meaning is intended: “Balloon” means a nonporous and flexible bag or sack made from materials including, but not limited to, rubber, latex, polychloroprene, nylon fabric, or Mylar, designed to be inflated or filled with air, gas, or fluid. Balloons are typically used as a toy, decoration, or for other entertainment purposes. “City” or “City of Carlsbad” means the entity that governs the incorporated territory of the City of Carlsbad, California. “Gas lighter than air” means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including helium, hydrogen, methane, oxygen, and nitrogen. “Enforcement agency” means the City of Carlsbad or its authorized agents charged with ensuring compliance with this chapter. May 17, 2022 Item #4 Page 16 of 18 “Enforcement official” means the city manager of the City of Carlsbad or designee. “Person” means any person, firm, association, business, organization, partnership, business trust, joint venture, corporation, company, or other public, private, or non-profit entity, and includes the City of Carlsbad and its officers or agents. 6.26.030 Intentional release of balloons prohibited. A. It is unlawful for any person to intentionally release any balloon or balloons filled with a gas lighter than air. No person shall dispose of balloons or balloon accessories in any manner or location other than in a container for discarded materials collection, in accordance with Chapter 6.08 of this code. B. All special event permits required by Chapter 8.17 of this code, leases, facility permits, or other approval granted by city departments for events or other applicable use of city property shall specifically require the permittee to comply with the requirements of this chapter. C. This section shall not apply to attended hot air balloons, or balloons used for governmental or scientific research projects. D. Nothing in this chapter prohibits the sale or purchase of balloons within the city. 6.26.040 Enforcement. A. The enforcement agency and enforcement official may exercise any code enforcement powers and procedures as provided in Title 1 of this code. B. Violation of any provision of this chapter shall constitute grounds for enforcement through issuance of administrative citations, in conformance with Chapter 1.10 of this code. C. Violation of any provision of this chapter may constitute grounds for retention of all, or a portion of, any deposit paid to the city relating to a city-affiliated event or other use of city facilities where the violation occurred, such as facility rental deposits. D. A person that violates any provision of this chapter in connection with a special event on three or more instances within a one-year period shall be prohibited from obtaining a special event permit under Chapter 8.17 of this code for a period of one year. E. Each violation of this chapter shall constitute a separate violation. F. Nothing in this chapter shall prevent the enforcement official from obtaining compliance by way of warning, administrative remedies contained in Chapter 1.10 of this code, educational means, abatement requirements, or any other civil or administrative remedies available under this code or other applicable law. Such remedies and penalties shall be cumulative and not exclusive. 6.26.050 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. May 17, 2022 Item #4 Page 17 of 18 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 10th day of May, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of May, 2022, by the following vote, to wit: AYES: NAYS: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MA TT HALL, Mayor f!tL f vFAVIOLA MEDINA, City Clerk Services Manager (SEAL) May 17, 2022 Item #4 Page 18 of 18