10A
Date: September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Michelle Ramirez, Community Development Director
Subject: Community Development – Discuss and Consider Amendment to the Torrance Municipal Code, Determine California Environmental Quality Act (CEQA) Exemption, and Adopt an ORDINANCE adding "Mylar Balloons" to Division 4 of the Municipal Code. Expenditure: None.
RECOMMENDATION
Recommendation of the Community Development Director that City Council:
1. Discuss and consider amending the Torrance Municipal Code by establishing a Mylar Balloon Ordinance; and
2. Determine the project is exempt from California Environmental Quality Act pursuant to Sections 15061(b)(3) and Section 15308 of the California Code of Regulations; and
3. Adopt an ORDINANCE amending the Torrance Municipal Code to add Chapter 21 entitled "Mylar Balloons” to Division 4 of the Torrance Municipal Code; and
4. Approve Ordinance Summary for publication.
FUNDING
None required.
DISCUSSION
On March 4, 2025, City Council directed staff to return with an ordinance banning the sale of Mylar Balloons for Council’s consideration.
Mylar balloons, also known as foil or metallic balloons, are a safety hazard when they come in contact with, or come close to, high-voltage power lines. Electricity between two lines can arc when the conductive material from the balloon becomes tangled in the lines, causing power outages, explosions, downed power lines and damaged infrastructure. Tests of Mylar balloons, performed by the Federal Aviation Administration (FAA), found that these balloons do not go higher than about 3,000 to 7,000 feet before they either explode or lose their “lift.” This is primarily because of their inability to expand to any great extent. Consequently, often the result is that when the balloons lose this “lift” they become entangled in the overhead electrical lines.
As an overview, current State law prohibits the outdoor release of any balloon constructed of electrically conductive material that is filled with a gas lighter than air as part of a public or civic event, promotional activity or product advertisement (California Penal Code Section 653.1 and Business and Professions Code Section 22942). Additionally, a new law adopted in 2022 – AB 1 City Council
September 9, 2025
847 – allows Mylar or metallic balloons to be sold in California only if those balloons do not cause electrical faults when coming into contact with overhead distribution lines. Specifically, the new law requires balloons sold in California after 2027 to meet Institute of Electrical and Electronics Engineer standards. This bill helps to address the power line outage/fire problem by 2027 but does not address other environmental issues.
Many cities in California (e.g. Manhattan Beach, Hermosa Beach, Redondo Beach, Solana Beach, Encinitas, Goleta, and Glendale) have adopted ordinances banning the sale and use of Mylar balloons citing the number of power outages/fires caused by their use, as well as environmental harm such as the fact that they are not biodegradable and can be harmful to animals.
The proposed ordinance before Council would restrict the sale, distribution, or offering of Mylar balloons inflated with helium or other gas that is lighter than air. To address concerns from local businesses, the ordinance has one exception that would allow for the sale, distribute, or offering of Mylar balloons filled with air only and securely affixed or mounted to a post or other decorative structure at the point of sale. Additionally, since the ordinance is limited to metallic balloons made of electrically conductive materials, businesses have the alternative to use latex balloons, or other non-electrically conductive balloons, for sale and distribution to customers. Again, the proposed ordinance focuses on prohibiting the sale of balloons filled with helium or gas lighter than air, rather than an outright ban on the balloons themselves.
If passed, while the ordinance would take effect 30 days after the adoption date, all affected businesses would have until January 1, 2026, to comply. This would provide staff with the needed time to notify and educate the community of the new ordinance along with providing a built-in grace period for individuals and businesses to adjust. It would be staff’s intent to distribute educational material, which would explain the ordinance, through targeted mailings to known retailers who sell Mylar balloons as well as included information of the new ordinance on the City’s website, along with notifications on the City’s social media accounts and the Torrance eNewsletter.
ENVIRONMENTAL FINDINGS
The ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). The ordinance is exempt pursuant to CEQA Section 15061(b)(3) and Section 15308 of Title 14 of the California Code of Regulations. Regarding Section 15061(b)(3), the ordinance is exempt from CEQA as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As for Section 15308, the ordinance is exempt from CEQA on the separate and independent ground that it is an action of a regulatory agency for the protection of the environment.
ATTACHMENTS
1. Ordinance
2. Ordinance Summary
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, ADDING ARTICLE 21 ENTITLED
“MYLAR BALLOONS” TO CHAPTER 5 OF DIVISION 4 OF THE
TORRANCE MUNICIPAL CODE
RECITALS
WHEREAS, the City of Torrance is a charter city under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents.
WHEREAS , balloons made of foil, metallic foil, or other electrically conductive material, also known as Mylar Balloons, pose a safety hazard when released into the air as they can cause power outages, explosions, downed power lines and damaged infrastructure when coming near or into direct contact with high-voltage power lines, resulting in costly repairs and/or hours of power outages affecting City residents and businesses; and WHEREAS , State law prohibits the outdoor release of any balloon made of electrically conductive material that is inflated with a gas lighter than air (California Penal Code Section 653.1), and requires an object of sufficient weight to be affixed to each balloon at the time of sale or distribution to counter the lift capability of the balloon, and also requires a permanent warning notice regarding the conductivity and danger of Mylar Balloons, along with the manufacturer's name printed on the balloon (California Business & Professions Code Section 22942); and
WHEREAS , on September 18, 2022, AB 847 Electrically Conductive Balloons was chaptered into state law, further requiring any person who sells, offers for sale, or manufacturers for sale in this state, any foil balloon, shall comply with the standardized testing requirements to be established by the Institute of Electrical and Electronics Engineers (IEEE) ensuring the balloon will not cause a fault at high-voltage electric distribution levels no later than four (4) years from the commencement date, or on or around January 1, 2031 (California Business & Professions Code Section 22942); and WHEREAS , the City of Torrance desires to implement additional measures to minimize the existence of Mylar balloons within the City and mitigate the dangerous impacts from these balloons coming into contact with ocean life, animals and power lines; and WHEREAS , Mylar balloons can be damaging to ecosystems and wildlife when released into the air or not disposed of properly; and
WHEREAS , the Ocean Conservancy has determined that Mylar balloons are the most common form of floating garbage within 200 miles of American shorelines and lists balloons as the second most dangerous debris item since they are frequently mistaken as food by birds, mammals, and marine life. When balloons are ingested, they block the 3 ATTACHMENT 1
2 animals' digestive track, which leads to a loss of nutrition, internal injury, starvation, and death; and
WHEREAS , Mylar balloon debris on City beaches, parks, streets, and trails is prolific and contributes to plastic and microplastic pollution, despite laws and regulations that prohibit littering; and
WHEREAS , the most effective way to reduce Mylar balloon debris in the City's waterways, decrease litter and pollution, and protect the environment, marine life, human health and the City's infrastructure, is to prohibit the use, sale and distribution of balloons; and
WHEREAS , on September 9, 2025, the City Council of the City of Torrance considered and discussed a proposed ordinance restricting the use, sale and distribution of Mylar balloons.
WHEREAS, the adoption of the Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and Section 15308 of Title 14 of the California Code of Regulations.
NOW, THEREFORE, the City Council of the City of Torrance does hereby ordain as follows:
SECTION 1
The City Council of the City of Torrance hereby finds and determines that all the above Recitals are true and correct and incorporates such Recitals into this Ordinance.
SECTION 2
Chapter 21 is added to Division 4 of the Torrance Municipal Code to read in its entirety as follows:
“CHAPTER 21
MYLAR BALLOONS
421.1.010 PURPOSE.
In enacting this section, it is the purpose and intent to further the current state law prohibitions and regulations relating to Mylar balloons and to protect the City’s residents and electric infrastructure from damages caused by Mylar balloons coming close to, or in contact with, high voltage power lines as well as the environment from litter and pollution. 421.1.020 DEFINITIONS.
a) “City” means the City of Torrance.
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b) "City Sponsored Event" means any event organized or sponsored by or on behalf of the City of Torrance or any department of the City of Torrance. c) “Mylar balloon”, also known as a foil balloon, means a metallic balloon made of electrically conductive materials filled with helium or other gas that is lighter than air. d) "Person" means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.
e) "Public Area" means a public place, including, but not limited to, any public streets, alleys, public parking lots, public parks, public beaches, public rights-of-way, parkways, public sidewalks, recreational areas or other publicly owned or controlled property.
f) “Sale” or “Sell” means to transfer ownership, offer for sale, expose or display for sale, solicit offers to sell or trade for the exchange of money or valuables. 421.1.030 MYLAR BALLOONS – SALE PROHIBITED.
a) The sale, distribution, or offering of Mylar balloons, with the exception of subsection (e) of this section, inflated with helium or other gas that is lighter than air shall be unlawful and is prohibited.
b) No person shall use Mylar balloons at any City facility or City sponsored event, or any event held in a public area.
c) No person shall intentionally release, organize the release of, or otherwise cause or condone the release of Mylar balloons into the air.
d) No person shall dispose of any Mylar balloon, except in a suitable receptacle with a secured lid.
e) Mylar balloons filled with air only and securely affixed or mounted to a post or other decorative structure at the point of sale shall be exempted from this section. f) All persons shall comply with this section by January 1, 2026. 420.1.040 VIOLATIONS – PENALTIES.
Any person violating any of the provisions of this Chapter may be issued an administrative citation by an Enforcement Officer as prescribed in Section 12.8.050 of the Torrance Municipal Code.”
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SECTION 3
Any provisions of the Municipal Code or its appendices, or any other ordinances of the City of Torrance inconsistent with this ordinance to the extent of the inconsistencies and no further, are repealed.
SECTION 4
If any Section, Subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Torrance hereby declares that it would have adopted this ordinance and each Section, Subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more Sections, Subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 5
This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). This Ordinance is exempt pursuant to CEQA Section 15061(b)(3) and Section 15308 of Title 14 of the California Code of Regulations. Regarding Section 15061(b)(3), this Ordinance is exempt from CEQA as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As for Section 15308, the Ordinance is exempt from CEQA on the separate and independent ground that it is an action of a regulatory agency for the protection of the environment.
SECTION 6 EFFECTIVE DATE
This ordinance will take effect thirty days after the date of its adoption. Within fifteen days following adoption, this ordinance or a summary of this ordinance, if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this ____ day of __________ 2025.
ADOPTED and PASSED this ____ day of ________ 2025.
APPROVED AS TO FORM:
______________________________
Mayor George K. Chen
PATRICK Q. SULLIVAN, City Attorney
by _____________________________________
Jeanne-Marie K. Litvin, Deputy City Attorney
ATTEST:
______________________________
Rebecca Poirier, City Clerk
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7 ORDINANCE SUMMARY
On September 9, 2025, the City Council of the City of Torrance introduced by title only, at first reading, Ordinance No. _______ “An Ordinance of the City Council of the City of Torrance, California, Adding Article 21 Entitled “Mylar Balloons” to Chapter 5 of Division 4 of the Torrance Municipal Code.” On September 23, 2025, the City Council of the City of Torrance adopted Ordinance No. _______. Ordinance No. ______ will take effect 30 days after the adoption date of September 23, 2025. The following is a summary of Ordinance No. _______.
Addition to the Torrance Municipal Code:
Ordinance No. ______ would add Article 21 to Chapter 5 of Division 4 entitled “Mylar Balloons”.
In summary, the ordinance would prohibit the sale, distribution, and use of Mylar balloons whether or not inflated with helium or gas which is lighter than air. The ordinance also regulates the use of Mylar balloons in public spaces such as beaches and parks, in order to prevent accidental releases. In addition, the ordinance prohibits the release of Mylar balloons and requires that they be disposed of in a suitable receptacle with a secured lid. Mylar balloons filled with air only and securely affixed or mounted to a post or other decorative structure at the point of sale are exempt from the ordinance. Additionally, while Ordinance No. ______ will take effect 30 days after the adoption date of September 23, 2025, all affected businesses shall comply with the ordinance by January 1, 2026, providing a built-in grace period for individuals and businesses to adjust.
Passed, Approved, and Adopted the 23rd day of September 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
The full text of Ordinance No. ______ is available for inspection during regular business hours at the City Clerk’s Office (3031 Torrance Boulevard, Torrance, California 90503) Monday through Friday with alternating closed Fridays from 7:30 a.m. to 5:30 p.m. or at https://www.torranceca.gov/government/city-clerk .
DATED THIS ____ DAY OF SEPTEMBER, 2025
Rebecca Poirier, City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, California 90503
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