Crimes: balloons.

Existing law makes it a crime to sell or distribute any balloon constructed of electrically conductive material and filled with a gas lighter than air without affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon, affixing a statement warning the consumer about the risk if the balloon comes in contact with power lines, and a printed identification of the manufacturer of the balloon. Existing law further prohibits selling or distributing 2 or more balloons that are constructed of electrically conductive material and filled with a gas lighter than air and attached to each other. Existing law additionally prohibits any person or group from releasing, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air as part of a public or civic event, promotional activity, or product advertisement. Existing law makes a first and 2nd violation of these provisions punishable by a fine not to exceed $100, and a 3rd or subsequent violation punishable as a misdemeanor. This bill would, on January 1, 2018, remove these prohibitions and instead make it a crime to sell or distribute any balloon constructed of electrically conductive material or any balloon that is attached to an electrically conductive material. The bill would make a first violation of this provision punishable by a fine not to exceed $250, and a 2nd or further violation punishable as a misdemeanor. The bill would additionally, on January 1, 2018, make it a crime to release, outdoors, balloons made of electrically conductive material, regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement, and would make the crime punishable by a fine not to exceed $250. The bill would exempt specified balloons from these provisions, including balloons that are not designed to be buoyant in ambient air when filled with any gas. Because the bill would revise the definition of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.