REFERENCE TITLE: balloon releases; prohibition; enforcement





State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session





HB 2339


Introduced by

Representatives Epstein: Andrade, Blanc, Bolding, Butler, Cano, Espinoza, Friese, Gabaldón, Jermaine, Longdon, Peten, Powers Hannley, Rodriguez, Salman, Shah





amending Title 49, chapter 4, article 4, Arizona Revised Statutes, by adding section 49-775; relating to solid waste.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 49, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 49-775, to read:

START_STATUTE49-775.  Balloon release prohibition; violation; exception

A.  A person may not release balloons into the atmosphere for any reason, including as a part of an event, promotional activity or product advertisement.

B.  This section may be enforced as a violation of a city or town ordinance that is adopted pursuant to section 9-499 or a county ordinance that is adopted pursuant to section 11-268, except that a person who violates this section and the ordinance is subject to an order of litter cleanup community service in lieu of an order of abatement or other civil or criminal penalty.

C.  This section does not apply to:

1.  A person who accidentally releases fewer than five balloons into the atmosphere.

2.  A person who operates a hot air balloon that is recovered after launch.

3.  Balloons that are used for a scientific or meteorological project or by or on behalf of a government-sponsored project.

4.  Balloons that are released indoors and recovered after release. END_STATUTE