H-1733.1                  _______________________________________________

                                             SUBSTITUTE HOUSE BILL 1178

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Jacobsen, Ogden, J. Kohl, G. Cole, R. Fisher, Dunshee, Valle, Appelwick, Pruitt, Johanson and Leonard)

Read first time 02/22/93.

Prohibiting the release of lighter-than-air balloons.

          AN ACT Relating to the release of lighter-than-air balloons; adding new sections to chapter 70.94 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that the release into the atmosphere of large numbers of balloons inflated with lighter-than-air gasses poses a danger and nuisance to the environment, particularly to wildlife and marine animals.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.94 RCW to read as follows:

          (1) Except as provided in subsection (2) of this section, it is unlawful for any person to intentionally release, organize the release, or intentionally cause to be released within a twenty-four hour period twenty-five or more balloons inflated with a gas that is lighter than air.

          (2) It is not a violation of this section for a person to release:

          (a) Balloons on behalf of a government agency or pursuant to a governmental contract for scientific or meteorological purposes;

          (b) Hot air balloons that are recovered after launching; or

          (c) Balloons indoors.

          (3) A violation of this section is a class 1 civil infraction under chapter 7.80 RCW.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.94 RCW to read as follows:

          Any person may petition a district court to enjoin the release of twenty-five or more balloons in violation of section 2 of this act.

NEW SECTION. Sec. 4.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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