Mass balloon releases are illegal in several states, cities, and countries. Releasing balloons and sky lanterns should be illegal everywhere, because after all, it is simply littering.
US States that have laws: California, Connecticut, Delaware, Florida, Hawaii, Maine, Maryland, Rhode Island, Tennessee and Virginia.
US Cities that have laws:
Alabama – Huntsville
California – San Francisco
Kentucky – Louisville
Maryland – Ocean City, Queen Anne’s County, Wicomico County
Massachusetts – Chatham, Everett, Nantucket, Provincetown
New Jersey – Atlantic City, Bradley Beach, Brigantine, Cape May City, Egg Harbor, Long Beach Township, Longport, Margate, North Wildwood, Sea Isle City, Somers Point, Upper Township, Ventnor
North Carolina – Wrightsville Beach
Rhode Island – Block Island
Washington – Bainbridge Island
Laws in Plymouth-UK, New South Wales-Australia, Sunshine Coast-Queensland-Australia.
*Many others around the world, it’s hard to keep up!*
California
CALIFORNIA PENAL CODE SECTION 653.1.
653.1. (a) No person shall sell or distribute any balloon which is constructed of electrically conductive material, and filled with a gas lighter than air without:
(1) Affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon.
(2) Affixing a statement on the balloon, or ensuring that a statement is so affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines.
(3) A printed identification of the manufacturer of the balloon.
(b) No person shall sell or distribute any balloon filled with a gas lighter than air, which is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance.
(c) No person shall sell or distribute any balloon which is constructed of electrically conductive material and filled with a gas lighter than air, which, is attached to another balloon constructed of electrically conductive material and filled with a gas lighter than air.
(d) No person or group shall release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, as part of a public or civic event, promotional activity, or product advertisement.
(e) Any person who violates subdivision (a), (b), (c), or (d) shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates subdivision (a), (b), (c), or (d) who has been previously convicted twice of violating subdivision (a), (b), (c), or (d) shall be guilty of a misdemeanor.
(f) This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.
Fairfax County, California – Ban on release of latex balloons
Connecticut
Release of lighter-than-air balloons restricted. Penalty Title Chapter 490 > § 26-25c
a) No person, nonprofit organization, firm or corporation, including the state and its political subdivisions, shall knowingly release, organize the release of or intentionally cause to be released into the atmosphere within a twenty-four-hour period ten or more helium or other lighter-than-air gas balloons in the state.
(b) Any violation of subsection (a) of this section shall be an infraction.
Current: 2009.
Florida
*Florida does not recognize any balloon as “biodegradable”.*
(1) The Legislature finds that the release into the atmosphere of large numbers of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to wildlife and marine animals.
(2) It is unlawful for any person, firm, or corporation to intentionally release, organize the release, or intentionally cause to be released within a 24-hour period 10 or more balloons inflated with a gas that is lighter than air except for:
(a) Balloons released 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; or
(d) Balloons that are either biodegradable or photodegradable, as determined by rule of the Fish and Wildlife Conservation Commission, and which are closed by a hand-tied knot in the stem of the balloon without string, ribbon, or other attachments. In the event that any balloons are released pursuant to the exemption established in this paragraph, the party responsible for the release shall make available to any law enforcement officer evidence of the biodegradability or photodegradability of said balloons in the form of a certificate executed by the manufacturer. Failure to provide said evidence shall be prima facie evidence of a violation of this act.
(3) Any person who violates subsection (2) is guilty of a noncriminal infraction, punishable by a fine of $250.
(4) Any person may petition the circuit court to enjoin the release of 10 or more balloons if that person is a citizen of the county in which the balloons are to be released.
Intentional release of balloons; prohibition. (a) No person or entity shall intentionally release, organize the release of, or otherwise cause the release of a balloon inflated with a gas that is lighter than air, except for:
(1) A balloon released for scientific or meteorological purposes, on behalf of a governmental agency or pursuant to a governmental contract;
(2) A hot air balloon that is recovered after launching; or
(3) A balloon that is released and remains indoors.
(b) Any person or entity who violates this section shall be subject to a civil penalty of no more than $500 for each offense. For the purposes of this section, the release of multiple balloons at one time shall be considered a single offense.”
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Maine
Sec. 1. 17 MRSA §2263, sub-§1-E is enacted to read:
1-E. Balloon. “Balloon” means a flexible, nonporous bag made from materials such as rubber, latex, polychloroprene or nylon fabric that can be inflated or filled with gas or fluid, such as helium, hydrogen, nitrous oxide, oxygen, air or water, and then sealed at the neck of the bag.
Sec. 2. 17 MRSA §2263, sub-§2, as amended by PL 1995, c. 667, Pt. A, §37, is further amended to read:
2. Litter. “Litter” means all waste materials including, but not limited to, bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, offal, except waste parts or remains resulting from the normal field dressing of lawfully harvested wild game or the lawful use of waste parts or remains of wild game as bait, feathers, except feathers from live birds while being transported, abandoned ice-fishing shacks, old automobiles or parts of automobiles or similar refuse, or disposable packages or containers thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing. “Litter” includes all waste materials resulting from the outdoor release or abandonment of a balloon.
Sec. 3. 38 MRSA §1611 is enacted to read:
§ 1611. Balloons
1. Sales requirement. A person may not sell or offer to sell a balloon unless:
A. The person registers with the department as a seller of balloons; and
B. The person displays in a conspicuous place at each purchase counter the warning information made available by the department pursuant to subsection 2.
2. Warning information. The department shall develop and make available to sellers of balloons the warning information that must be displayed pursuant to subsection 1, paragraph B. The warning information made available under this subsection must describe, but is not limited to:
A. The risks to the environment and to wildlife posed by waste materials resulting from the outdoor release of balloons;
B. The choking and suffocation risks to children posed by the unsupervised use of balloons;
C. The risks to individuals with latex allergies posed by exposure to balloons made wholly or partly from latex; and
D. The penalties for littering resulting from the outdoor release of balloons that may be imposed under Title 17, chapter 80.
3. Violations. A person who violates this section commits a civil violation for which a fine of not more than $250 may be adjudged.
4. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
For the purposes of this section, “balloon” has the same meaning as in Title 17, section 2263, subsection 1-E.
Maryland
SB716/HB391
2019-08 – An Act to Amend Wicomico Code, Chapter 174 – Nuisances, to add Article III – Balloons, Section 174-17 to Prohibit the Release of Balloons into the Atmosphere.
i. A ban on the sale and/or use of any type of balloon (including, and not limited to, plastic, latex or Mylar balloons) to be inflated with any type of lighter than air gas (including, and not limited to, helium gas). People importing such novelties from off-island, but disposing of them on-island in any manner other than being contained in a plastic trash bag and transported to the Landfill, shall be fined pursuant to the provisions of Chapter 1, Article II by Noncriminal Disposition at $50 per offense.
13. PROHIBITED ACTIVITIES … 13-2-14. Prohibition of helium-filled balloons. The sale, use, and distribution of helium filled balloons, both for public and private use, is prohibited.
New Hampshire
Releasing of Sky Lanterns prohibited by NH State Fire Code – for Immediate Release
December 21, 2012: Unless tethered, releasing sky lanterns is considered a violation of the NH State Fire Code.
AN ACT relative to balloons being released into the air.
163-B:3 Unlawful Activities.
II. It shall be unlawful for any person to intentionally release or intentionally cause to be released into the atmosphere one or more balloons inflated with lighter-than-air gases
163-B:4 Penalties.
III. Any person who violates the provisions of RSA 163-B:3, II, relative to balloon release, shall be guilty of a violation and fined $250 for the first offense and $500 for each subsequent offense.
Ord. No. 02-2017 Prohibited Releases.
It shall be unlawful for any person, firm or corporation to intentionally release, organize the release or intentionally cause to be released balloons inflated with a gas that is lighter than air within the Atlantic City limits, except for:
a) Balloons released 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. Violations and Penalties. Any person found in violation of this ordinance is guilty of a non -criminal infraction punishable by a fine not to exceed the sum of $500.
Ord. No. 2017-01 Prohibited Releases.
It shall be unlawful for any person, firm or corporation to intentionally release, organize the release, or intentionally cause to be released balloons inflated with a gas that is lighter than air within the city of Ventnor limits except for:
a) Balloon released 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
Violations and Penalties. Any person found in violation is guilty of a non -criminal infraction punishable by a fine not to exceed the sum of $500.00
Wrightsville Beach, North Carolina
§ 92.31 UNLAWFUL TO RELEASE BALLOONS ON TOWN PROPERTY, BEACH FRONT AND WATERS SURROUNDING THE TOWN.
It shall be unlawful for any person to litter by releasing inflated balloons in or on or by discarding balloons in or on any property owned by the town, any waters within the zoning jurisdiction of the town as established pursuant to the provisions of G.S. § 160A-360 or the beach front as defined in this chapter of the Town Code. Any person violating the provisions of this section shall be subject to a civil penalty in the amount of $250 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of the ordinance. In accordance with G.S. § 160A-175(b), any person violating the provisions of this section shall not be subject to the penalty provisions of G.S. § 14-4 and such action shall not be considered a breach of the penal laws of the state.
(Ord. 1642, passed 11-18-10)
Rhode Island
Tennessee
§ 68-101-108.
(a) No person, including an officer or employee of this state or any political subdivision of the state, shall knowingly release into the atmosphere more than twenty-five (25) balloons that are:
(1) (A) Made of a nonbiodegradable material; or
(B) Made of a biodegradable material that requires more than several minutes of contact with air or water to degrade; and
(2) Filled with helium or another substance that causes the balloons to rise or float in the atmosphere.
(b) Any person violating subsection (a) is subject to a civil penalty of two hundred fifty dollars ($250). Each balloon released in a single day, in excess of the limit imposed in subsection (a), constitutes a separate violation.
(c) This section does not apply to weather balloons that are used for the purpose of carrying scientific instruments during the performance of an experiment or testing procedure.
Virginia
§ 29.1-556.1. Release of certain balloons prohibited; civil penalty; community service.
A. It is unlawful for any individual 16 years of age or older or other person to intentionally release, discard, or cause to be released or discarded outdoors any balloon made of a nonbiodegradable or nonphotodegradable material or any material that requires more than five minutes’ contact with air or water to degrade. Any person convicted of a violation of this section is liable for a civil penalty of $25 per balloon released or discarded, which shall be paid into the Game Protection Fund established pursuant to § 29.1-101. If an individual under the age of 16 releases a balloon by arrangement with or at the instruction of an adult, the adult shall be liable for the civil penalty assessed.
B. The provisions of this section shall not apply to any (i) balloon released (a) by or on behalf of any agency of the Commonwealth or the United States or (b) pursuant to a contract with the Commonwealth, the United States, or any other state, territory, or government for scientific or meteorological purposes or (ii) hot air balloon that is recovered after launch.
1991, c. 607; 2021, Sp. Sess. I, c. 420.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
Toledo, Ohio
Bookmark 521.08. Release of balloons.
(a) Council finds that the release into the atmosphere of large numbers of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment.
(b) No person shall intentionally release, organize the release or intentionally cause to be released within a twenty-four hour period ten or more balloons inflated with a gas that is lighter than-air except for:
(1) Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;
(2) Hot air balloons that are recovered after launching; or
(3) Balloons released indoors.
(c) Whoever violates subsection (b) is guilty of a minor misdemeanor.
(Ord. 762-90. Passed 7-31-90.)
Appendix 16 – Balloon releases Balloon releases are banned from Plymouth City Council owned land; this is designed to protect land and marine animals.
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 (Section 3) [1] Section 146E Insert after section 146D: 146E Restrictions on release of balloons (1) Offence of releasing balloons A person who releases 20 or more balloons at or about the same time is guilty of an offence if the balloons are inflated with a gas that causes them to rise in the air. Maximum penalty (for a corporation or an individual): 10 penalty units. (2) Offence of causing or permitting release of balloons A person who causes or permits the release (whether by one or more than one person) of 20 or more balloons at or about the same time is guilty of an offence if the balloons are inflated with a gas that causes them to rise in the air. Maximum penalty (for a corporation or an individual): 10 penalty units. (3) Aggravated offence A person is guilty of an aggravated offence under this subsection if the person commits an offence under subsection (1) or (2) and the number of balloons released is more than 100. Maximum penalty (instead of any penalty under subsection (1) or (2)): • in the case of a corporation—55 penalty units, or • in the case of an individual—33 penalty units. (4) Exceptions Subsections (1)–(3) do not apply if: (a) the balloons are released unintentionally and without negligence, or Protection of the Environment Operations Amendment (Balloons) Act 2000 No 82 Schedule 1 Amendment of Protection of the Environment Operations Act 1997 Page 4 (b) the balloons are released inside a building or structure and do not make their way into the open air, or (c) the balloons are hot air balloons that are recovered after landing, or (d) the balloons are released for scientific (including meteorological) purposes. (5) Aggravation not proved If the court is satisfied that a person charged with an offence under subsection (3) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1) or (2), the court may find the person guilty of the offence under subsection (1) or (2), and the person is liable to punishment accordingly. (6) Evidence In any proceedings under this section: (a) it is not necessary for the prosecutor to establish the exact number of balloons released, and (b) evidence that a balloon rose in the air after being released is, in the absence of evidence to the contrary, evidence that the balloon was inflated with a gas that caused it to rise in the air.
Sunshine Coast, Queensland, Australia
The intentional releasing of helium balloons into the atmosphere is prohibited under Local Law No. 3 (Community Health and Environment Management) 2011.
