HB507: Release of balloons prohibited; civil penalty.
HOUSE BILL NO. 507
Be it enacted by the General Assembly of Virginia:
1. That § 29.1-556.1 of the Code of Virginia is amended and reenacted as follows:
§ 29.1-556.1. Release of certain balloons prohibited; penalty.
A. It shall be is unlawful for any person to
knowingly release, discard,
or cause to be released into the atmosphere
within a one-hour period fifty or more balloons which are (i) made of a
nonbiodegradable or nonphotodegradable material or any material which requires
more than five minutes' contact with air or water to degrade and (ii) inflated
with a substance which is lighter than air or discarded outdoors
any balloon. Any person
who violates convicted of a
violation of this section shall be liable for a civil
penalty not to exceed five dollars per balloon released
above the allowable limit of
not less than $250 or more than $2,500, which shall be paid
into the Lifetime Hunting and Fishing Endowment Litter Control and Recycling
Fund established pursuant to § 29.1-101.1 10.1-1422.01. A court may, as an
alternative to such civil penalty, and
upon motion of the defendant, prescribe the performance of at least 10 hours of
community service in litter abatement activities. If the defendant fails or
refuses to complete the community service as prescribed, the court may impose
the civil penalty.
B. The provisions of this section shall not apply to any (i)
balloons 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 balloons
balloon that are is recovered after launch.