Memorandum                                                              

City of Lawrence     

City Attorney’s Office

TO:              David L. Corliss, City Manager

FROM:         Chad J. Sublet, Assistant City Attorney

Cc:              Toni Wheeler, City Attorney

DATE:         October 3, 2012

RE:              Ordinance No. 8810: Ban of Aerial Luminaries

Ordinance No. 8810 would ban aerial luminaries within the City of Lawrence. Aerial luminaries are commonly referred to as sky lanterns and operate as miniature paper hot air balloons. Traditionally, a paper balloon shaped object is fueled by an open flame causing it to rise into the atmosphere. Once the luminary is released, the individual igniting the luminary has no control over it.

Presently, Chief Mark Bradford and Division Chief James King of the Lawrence-Douglas County Fire and Medical Department are requesting a comprehensive ban on the use of aerial luminaries within the City of Lawrence. In an effort to proactively address potential fire hazards, Chief Bradford and Division Chief King have actively researched the dangers associated with aerial luminaries and have made the following determinations:

• Aerial luminaries have the potential to reach altitudes of over 1000 feet;
• Once released, aerial luminaries may burn uncontrolled in the atmosphere for as long as 15 minutes;
• In windy dry conditions, luminaries present a significant hazard of landing or crashing causing structure fires, grass fires and brush fires;
• Aerial luminaries have been banned in several cities including Wichita, Derby, McPherson, Emporia and Kansas City in addition to cities and states nationwide.

On October 2, 2012, Division Chief King presented to the Fire Code Board of Appeals the belief that a comprehensive ban on Aerial Luminaries was necessary for the health, safety and welfare of the citizens of Lawrence. The Fire Code Board of Appeals concurred and suggested the City move forward on the proposed ordinance.

City staff consulted the Lawrence Kansas Police Department and the City’s Supervising Prosecutor on the proposed ban. Neither entity had an objection to the aerial luminary ban as proposed.

The attached ordinance would ban the “ignition or other use” of aerial luminaries defined as “airborne paper objects containing a device for fuel that heats air from the inside causing it to rise into the air and remain airborne until extinguished." The penalty for violating the ban on igniting or using aerial luminaries would be a fine of not less than $1.00 or more than $1,000.00 or imprisonment of not more that 180 days or both as described in the general penalty provision of Ch. 1 Sec. 1-112 of the Code of the City of Lawrence, January 1, 2011.