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REFERENCE TITLE: balloon requirements; release prohibition |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2664 |
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Introduced by Representatives Epstein: Chávez, Engel, Fernandez, Jermaine, Longdon, Meza, Rodriguez, Salman, Teller, Terán, Senator Alston
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AN ACT
amending title 44, chapter 9, Arizona Revised Statutes, by adding article 27; relating to trade practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised Statutes, is amended by adding article 27, to read:
ARTICLE 27. BALLOONS
44-1383. Manufacturers; retail balloon packages; statement
Balloon manufacturers must include the following statement on each package of balloons that is sold in this state:
The United States fish and wildlife service states: "Balloons can pose a threat to many animals. Birds, turtles and other animals commonly mistake balloons for food, which can harm or even kill them. In addition, many animals can become entangled in balloon strings, which can strangle them or hurt their feet and hands."
44-1383.01. Balloons constructed from electrically conductive materials; requirements
Balloons that are manufactured or sold in this state and that are constructed from electrically conductive materials:
1. Must be permanently marked with the name of the manufacturer and a warning about the risk of fire if the balloon comes in contact with an electrical power line.
2. Must be affixed to an object of sufficient weight to counter the balloon's lift when the balloon is inflated with a gas that is lighter than air.
3. Are prohibited from being attached to an electrically conductive string, tether or streamer, to a balloon constructed of electrically conductive material or to any other electrically conductive object.
44-1383.02. Balloon release prohibition; exception
A. A person may not release balloons into the atmosphere for any reason, including as part of an event, promotional activity or product advertisement.
B. A person who accidentally releases not more than four balloons into the atmosphere is not in violation of this section.
44-1383.03. Applicability
This article does not apply to any of the following:
1. Hot air balloons that are recovered after a launch.
2. Balloons that are used by or on behalf of the government or a scientific project or for meteorological purposes.
3. Balloons that are released indoors and recovered after release.
44-1383.04. Violation; civil penalty; environmental nuisance; statement
A. A person who violates this article is subject to a civil penalty of not more than $500 per violation and is subject to citation under title 49, chapter 1, article 3, relating to environmental nuisances. Each package of balloons that is manufactured or sold in violation of section 44‑1383 constitutes a separate violation. Each balloon that is manufactured, sold or released in violation of section 44‑1383.01 or 44‑1383.02 constitutes a separate violation.
B. A person who violates this article must read and sign a document that contains the following statement:
I understand that the United States fish and wildlife service states: "Balloons can pose a threat to many animals. Birds, turtles and other animals commonly mistake balloons for food, which can harm or even kill them. In addition, many animals can become entangled in balloon strings, which can strangle them or hurt their feet and hands."