HomeMy WebLinkAboutORD 1397ORDINANCE NO. 1397
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING TITLE 11 PARKS, CHAPTER 11.01
GENERAL PROVISIONS, PROHIBITING MYLAR BALLOON USE IN CITY
PARKS, AND MAKING A FINDING OF EXEMPTION UNDER CEQA
WHEREAS, balloons made of foil, metallic foil, or other electrically conductive
material, also known as Mylar Balloons, pose a safety hazard when released into the air
as they can cause power outages, explosions, downed power lines and damaged
infrastructure when coming near or into direct contact with high-voltage power lines,
resulting in costly repairs and/or hours of power outages affecting City of Palm Desert
residents and businesses; and
WHEREAS, State law prohibits the outdoor release of any balloon made of
electrically conductive material that is inflated with a gas lighter than air (California Penal
Code Section 653.1), and requires an object of sufficient weight to be affixed to each
balloon at the time of sale or distribution to counter the lift capability of the balloon, and
also requires a permanent warning notice regarding the conductivity and danger of Mylar
Balloons, along with the manufacturer's name printed on the balloon (California Business
& Professions Code Section 22942); and
WHEREAS, on September 18, 2022, AB 847 Electrically Conductive Balloons was
chaptered into state law, further requiring any person who sells, offers for sale, or
manufacturers for sale in this state, any foil balloon, shall comply with the standardized
testing requirements to be established by the Institute of Electrical and Electronics
Engineers (IEEE) ensuring the balloon will not cause a fault at high -voltage electric
distribution levels no later than four (4) years from the commencement date, or on or
around January 1, 2031 (California Business & Professions Code Section 22942); and
WHEREAS, the City of Palm Desert desires to implement an additional measure
to prohibit the use of Mylar balloons at City parks to mitigate the dangerous impacts from
these balloons coming into contact with power lines and otherwise creating a negative
impact on the environment; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Recitals. The recitals above are each incorporated by reference and
adopted as findings by the City Council.
SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Title 11
Parks, Chapter 11.01 General Provisions, Section 11.01.010 Definitions is hereby
amended to include the definition of “Foil balloon” in alphabetical order as follows:
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Ordinance No. 1397 Page 2
“Foil balloon” means any balloon constructed of electrically conductive material,
including, foil, metallic foil, Mylar, or other transparent plastic/polyester resin designed to
be inflated with air or other gas including a gas lighter than air causing it to float, and may
be used for decorative, toy, or entertainment purposes.”
SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Title 11
Parks, Chapter 11.01 General Provisions, Section 11.01.010 Definitions is hereby
amended to include the definition of “Gas lighter than air” in alphabetical order as follows:
“Gas lighter than air” means a gas that has a lower density than normal
atmospheric gases and rises above them as a result, including, but are not limited to
helium, hydrogen, nitrous oxide, methane, and nitrogen.”
SECTION 4. Addition to Municipal Code. Subsection AA. is added to Section
11.01.080 Prohibited conduct generally, Chapter 11.01 General Provisions, Title 11 Parks
of the Palm Desert Municipal Code to read as follows:
“11.01.080 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city, no person shall:
[…]
AA. Possess, bring, decorate with, or use a foil balloon that is filled with a gas
lighter than air.”
SECTION 5. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 6. CEQA. The City Council finds that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA
Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not
anticipated to result in a direct or reasonably foreseeable indirect physical change in the
environment, nor will the proposed changes have the potential for causing a significant
effect on the environment. This Ordinance is further exempt from the provisions of CEQA
pursuant to Section 15308 of the State CEQA Guidelines as an action to assur e the
maintenance, restoration, enhancement, or protection of the environment.
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Ordinance No. 1397 Page 3
SECTION 7. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in
full force and effective thirty (30) days after its adoption.
ADOPTED ON June 22, 2023.
____________________________
KATHLEEN KELLY
MAYOR
ATTEST:
_______________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1397 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on June 08, 2023, and adopted at a
regular meeting of the City Council held on June 22, 2023, by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Palm Desert, California, on _______________________.
_________________________________
ANTHONY J. MEJIA
CITY CLERK
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6/23/2023