Sky Lanterns Legal in Ohio
Ty Higgins: Sky lanterns have been around for centuries. They are usually part of a celebration and are often mistaken for UFOs. But as majestic and harmless as they may seem, they carry the possibility of unforeseen dangers and rules to mitigate the problems they could cause. It`s legal with Leah. Along with Leah Curtis, policy advisor to the Ohio Farm Bureau, I`m Ty Higgins and Leah, these sky lanterns are becoming more common and popular in rural Ohio, so much so that certain steps need to be taken to trigger them. More on that later. But first, explain what these sky lanterns look like and how they work. They are, so to speak, a kind of miniature hot air balloon. TOLEDO, Ohio (WTVG) — As the fourth of July approaches, the Bryan City Fire Department has asked revellers not to release Chinese lanterns.
They are beautiful and are becoming more and more popular at parties, weddings and commemorations, but before you jump on the trend of sky lanterns this holiday weekend, you should know that they are illegal. BEAUTIFUL, BUT DANGEROUS: I know you`ve heard this before? But these babies are illegal! Sky Lantern Warning on @WEWS tonight pic.twitter.com/CnofyoqO0E Ty Higgins: After all this, it is not illegal to light a lantern and send it on its way, but there are steps that need to be taken to do so. The fire department also mentions that one of these lanterns landed in the exclusion zone of the fireworks display during the day in the park, if it had landed on the firecracker, a serious accident could have occurred. Lanterns violate fire code and are banned here in Ohio. According to Ohio law, lanterns are not considered fireworks, but they are considered a flame effect. Therefore, the law requires an exhibitor`s license to perform an indoor or outdoor flame display in front of an audience, which can be expensive, Gallagher said. But according to Doug Turner of the Parma Fire Department, lighting sky lanterns on the fourth of July is not a good idea. Lanterns can still land hot or hot on flammable materials and possibly cause a fire. Ty Higgins: And just because you have a license doesn`t mean nothing bad can happen at the other end. If you get a permit, does it protect those who trigger lanterns from any kind of damage, if that happens? Leah Curtis: Well, you might want to contact your fire department and they can tell you if there were permits. This can help you determine who had those sky lanterns, because that`s sort of the first problem.
If you know who it is, you could have a lawsuit against that person, a trespassing lawsuit. We often think of trespassing as someone coming to our property. But trespassing can also be anything that enters your property, including garbage and debris and things like that. You can therefore be the subject of a civil action. If there has been property damage, this can of course also be involved. You want to talk to a lawyer about the specific facts and determine if it is a possibility and if it makes sense given the cost, but surely you have a recourse in that direction. Of course, you can also contact the authorities or your sheriff if you see lanterns and are concerned about possible damage or problems. I would call the sheriff and the fire department if you see them in the air and worry about them. Fire lanterns are illegal.
We know they look cool and fun to light them up, but they`re a serious threat, especially in a small town with multiple buildings. Lanterns get stuck on rooftops, trees and power lines and pose a serious threat to the community. According to the Parma Fire Department, Parma police will conduct additional patrols during the holiday weekend to ensure people don`t set off illegal fireworks. CHILLICOTHE — A wave of lanterns illuminating the night sky can be a beautiful sight, but the Chillicothe Fire Department warns you could get into trouble. Most people assume that floating lanterns are harmless, but Turner disagrees. Deputy Police Chief Steve Gallagher said the department had to break bad news to several callers who wanted to use the sky lanterns for events. One caller had previously purchased lanterns for a Memorial Day event and was devastated by the news, Gallagher said. News 5 inquired with several municipalities while covering this story and found none that issued a permit for the lanterns. Leah Curtis: Yes. So, above all, there is negligence in starting a fire.
So if a fire were to come out of it, you could be found guilty. It is an administrative offence. There is, of course, the crime of arson, which recklessly starts a fire and causes fire damage or the risk of physical damage from fire. And, of course, it is also an offence, depending on the value of the damaged property, although it can lead to a crime. Well, you know, you probably won`t see many sky lanterns of this, but it could happen if you`ve had a very windy and dry day. And let`s say a hayfield catches fire or something. This could be problematic not only from the point of view of value, but also from a danger to life, a problem. “Especially in recent years, they have become popular. At first they were not illegal, but now they are. There are laws that make it illegal to light a flame without knowing where it will end up,” Turner said. Ty Higgins Are there any civil and criminal penalties that could be imposed because of the sky lanterns? “As with many fireworks, it is not illegal to buy them. It is simply illegal to shoot them down and light the Chinese lantern,” Turner said.
“You can buy them all day (in Ohio). You just can`t dispose of it legally,” Gallagher said. The lanterns have been used enough for the Ohio Fire Marshal to issue another warning, especially with the 4th of July celebrations fast approaching. Sky lanterns are not fireworks and they are not legal. Part of the problem is responsibility. When the flame is opened, lanterns have the potential to start fires. If you start a fire and are found, Gallagher said the person could be required to pay for the damage and the cost of extinguishing the fire. Ty Higgins: They`re amazing to watch. I mean, they float effortlessly in the sky. There are dangers that come with sky lanterns.
What are some of the things they cause chaos? Ty Higgins: Every time you and I visit, it is because a member of Parliament has called and raised concerns about a particular issue. So where can our members find resources via sky lanterns in case they are faced with a situation where a lantern falls on their own property? He said they had seen her a few times at Sandusky, but fortunately without complications; “Fortunately, nothing happened.” Leah Curtis Probably not. Of course, there are criminal law issues that could apply. Well, maybe the permit would cover you for some of that. But when it comes to private damage to a private landowner, it could certainly still be the basis for a legal dispute between that private landowner and the one who caused it over things like trespassing or damage to property. They are considered flame exposure under the Ohio Fire Code and require a license to use. Anyone who releases a Chinese lantern is responsible for any damage or injury that occurs. Leah Curtis: Well, we`ll certainly have some information from our discussion today on our website. And as always, if our members have any questions about this, they should contact their district office. Your county office can put you in touch with our staff here in Columbus, and we can help you with these questions as they arise. Leah Curtis: Technically, a sky lantern is considered a flame effect under the Ohio Fire Code. And so approval is necessary to be able to define it for each audience.
And from what I can tell and from what I`ve seen, an audience is basically more than one person. You will therefore need to go through a permit with your local fire department that includes a plan, probably an inspection. You may also need to have someone from the fire department present when you drop them off. So there`s a lot behind it. “It`s an offence that could be a $1,000 fine and six months in jail. It`s something to think about, not to mention the fact that they`re dangerous,” Turner said. According to fire officials, each of them is basically a tiny, uncontrollable fire. But what constitutes an audience? Is a person an audience? Is it your family? Leah Curtis: Yes, and that`s the real problem with them, that they can go that far and it`s not like someone`s name is written on them, unless it`s maybe for a wedding or something, they put someone`s name on them. So it will always be the fight. That`s why we want to encourage people who want to use it to do it the right way, not only so it can be traced, but also so it can be safe, because we want it to be safe for everyone.
You don`t want your celebration to end up causing pain or trouble for someone else. Leah Curtis: The fire department and the fire marshal will probably look at what can happen to the person who dropped it. Ty Higgins: Leah Curtis, policy advisor here at the Ohio Farm Bureau. It was legal with Leah. Ty Higgins: You mentioned that there may be some traceability of where they came from. But if you don`t get a permit, these things can travel miles and miles. And God forbid, it hurts that you never know where they came from.