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HomeMy WebLinkAboutOrdinance - 2009-O0066 - Void Amending Chapter 23 - 07/08/2009ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF ZHE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WI REGARD TO THE INTENTIONAL RELEASE OF BALLOONS FILLED WI LIGHTER THAN AIR GAS WITHIN THE CITY OF LUBBOCK; PROVIDING PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLI ATION. WHEREAS, the intentional release of b oons filled with a lighter than air gas creates a danger to wildlife and lives/se ch balloons and any attachments thereto ultimately fall back to earth; and WHEREAS, the intentional on -biodegradable balloons filled with a lighter than air gas creates litter wheons and any attachments thereto ultimate fall back to earth; and WHEREAS, the intentio 1 release of balloons made of electrically conductive material, such as mylar, creates safety and fire hazard, as well as a hazard to wild life and creates litter; and WHEREAS, the Ci Council of the City of Lubbock deems it to be in the best interest of the health, safe and welfare of the citizens of the City of Lubbock to prohibit the intentional release of non -biodegradable balloons or balloons made of an electrical conductive material fill with a lighter than air gas within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED VY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by addi a section, to be numbered 23-34, which said section reads as follows: Sec. 23-34. Intentional Balloon Releases. a) No person shall intentionally release or cause to be released outdoors: (1) any balloon made of a non-biodegrable material filled with a lighter than air gas; (2) any balloon made of an electrically conductive material filled with a lighter than air gas; or (3) more than 30 balloons made of a biodegradable material filled with a lighter than air gas at one time. (b) Biodegradable balloons that are attached to any non -biodegradable ma erial or electrically conductive material shall not intentionally be released outdoors. SECTION 2. THAT violation of this Ordinance shall be misdemeanor punishable in accordance with Section 1-4 of the Code of Ordin ces of the City of Lubbock. SECTION 3. THAT should any paragraph, sect' n, sentence, phrase, clause or word of this Ordinance be declared unconstitution or invalid for any reason, the remainder of this Ordinance shall not be affected th eby. SECTION 4. THAT the City Secretary s hereby authorized and directed to cause publication of the descriptive caption of is Ordinance as an alternative method of publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on firs reading this day of , 2009. Passed by the City Council on second reading this day of , 2009. Rebecca Garza, Ci Secretary APPROVED AS O CONTENT: Paul Beane Councilmemb r, District 4 City Attorney ms/B al loonReleaseOrd June 30, 2009 2 vAllillul AUGUST 12, willllJ NEVER FINALIZED Page 1 of 1 Linda Hart - Ordinance No. 2009-00066 amending Chapter 23 From: Becky Garza To: Linda Hart Date: 7/15/2009 4:58 PM Subject: Ordinance No. 2009-00066 amending Chapter 23 CC: Lee Ann Dumbauld; Thomas Harris Linda, RE: Ordinance 1st Reading - City Council: Ordinance No. 2009-00066 amending Chapter 23 of the Code of Ordinances with regard to the intentional release of balloons filled with lighter than air gas within the City of Lubbock. (July 8, 2009 City Council Meeting) FYI --As per City Manager, Lee Ann Dumbauld, this item will not be coming back for a 2nd reading. Council member Paul Beane asked her to pull this item from the agenda. Note: Please wait til after the July 30th Council meeting before you void the file/Ordinance. Thanks, bg Becky Garza, TRMC City Secretary City of Lubbock 162513th Street Lubbock TX 79401 PH# 806-775-2025 Fax; 806-775-3983 bgarza@mail, ci. lubbock. tx. us file://C:\Documents and Settings\17273\Local Settings\Temp\GW}00001.HTM 7/16/2009