[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 8-28-2019 by Ord. No. 18-2019. Amendments noted where applicable.]
A. 
Purpose and intent. This chapter is adopted in order to protect the environment, particularly the wildlife, and the health, safety and well-being of persons and property by prohibiting the release of aerial luminary lanterns and helium balloons into the atmosphere. The balloons include latex and Mylar, as it has been determined that the release of balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals. Also, when Mylar balloons contact a power line, their metallic properties can cause the equipment to short-circuit. The spark could lead to a power outage and/or fire. These balloons tend to constitute a public nuisance and may pose a threat to the safety of its inhabitants and their property. Aerial luminaries can cause fires and also eventually return to Earth as litter.
B. 
Distribution. When individual helium balloons are distributed, they must be attached to a weight.
C. 
Release prohibited; exceptions. It shall be unlawful for any person, firm or corporation to intentionally release, organize the release of or intentionally cause to be released balloons inflated with gas that is lighter than air within the Borough of Eatontown limits, except for:
(1) 
Balloons released for scientific or meteorological purposes by a person on behalf of a government agency or pursuant to a governmental contract.
(2) 
Hot air balloons that are recovered after launching.
(3) 
Balloons released indoors.
D. 
Violations and penalties. Any person, firm, corporation, limited liability company or association violating any provision of this section shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days, or any combination thereof. Each day that a violation continues shall be considered a separate and distinct violation.
A. 
Release prohibited. No person, firm or corporation shall release or cause to be released an aerial luminary, commonly known as "sky lantern," "Hawaii lantern," "Kongming lantern," "Chinese lantern," "sky candle, "fire balloon," or "flying luminary," or any other device that uses or carries an open flame within the Borough of Eatontown's limits. As used in this chapter, "aerial luminary" means an airborne paper lantern containing a candle or other device for fuel that heats air from inside the lantern, causing the lantern to rise into the air and remain airborne until the candle or fuel extinguishes.
B. 
Violations and penalties. Any person, firm or corporation violating any provision of this section shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days, or any combination thereof. Each day that a violation continues shall be considered a separate and distinct violation.