[HISTORY: Adopted by the Town Council of the Town of Tolland 5-8-1990 by Ord. No. 39; amended in its entirety 12-14-2021. Subsequent amendments noted where applicable.]
The rules and regulations set forth herein shall apply to and be in effect in all areas under the control, supervision and jurisdiction of the Town of Tolland.
For the purpose of this chapter, terms used herein are defined as follows:
CANNABIS-TYPE SUBSTANCES
As defined in Connecticut General Statutes Section 21a-240, "cannabis-type substances" shall include all parts of any plant, or species of the genus Cannabis or any infra specific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of such a plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such plant which is incapable of germination, or hemp, as defined in 7 U.S.C. § 1639o, as amended from time to time. Included are cannabinon, cannabinol, cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under Chapter 420B of the Connecticut General Statutes unless derived from hemp, as defined in Section 22-611 of the Connecticut General Statutes.
MARIJUANA
As defined in Connecticut General Statutes Section 21a-240, "marijuana" means all parts of any plant, or species of the genus Cannabis or any infra specific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, any product made using hemp, as defined in Section 22-611 of the Connecticut General Statutes, which exceeds 0.3% total THC concentration on a dry-weight basis; manufactured cannabinoids, synthetic cannabinoids, except as provided in Subsection E hereof; or cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, which are controlled substances under Chapter 420B of the Connecticut General Statutes, except cannabidiol derived from hemp, as defined in said Section 22-611, with a total THC concentration of not more than 0.3% on a dry-weight basis. "Marijuana" does not include:
A. 
The mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted from such mature stalks or fiber, oil or cake;
B. 
The sterilized seed of such plant which is incapable of germination;
C. 
Hemp, as defined in said Section 22-611, with a total THC concentration of not more than 0.3% on a dry-weight basis;
D. 
Any substance approved by the Federal Food and Drug Administration or successor agency as a drug and reclassified in any schedule of controlled substances or unscheduled by the Federal Drug Enforcement Administration or successor agency which is included in the same schedule designated by the Federal Drug Enforcement Administration or successor agency; or
E. 
Synthetic cannabinoids which are controlled substances that are designated by the Commissioner of Consumer Protection, by whatever official, common, usual, chemical or trade name designation, as controlled substances and are classified in the appropriate schedule in accordance with Subsections (i) and (j) of Section 21a-243 of the Connecticut General Statutes.
PARK
Any parkland, open space, schoolyard, or other property (including buildings and property therein) owned by the Town of Tolland. Excluded from coverage herein are lands under the delegated management oversight of the Tolland Conservation Commission; excluding residential properties owned by the Town.
PERSON
Any individual, firm, partnership, corporation or association of persons, and the singular number shall include the plural.
RECREATION AREA
Any athletic field and/or recreational area (baseball fields, basketball courts, football fields, hiking trails, lacrosse fields, picnic areas, playground, soccer fields, softball fields, swimming areas, and tennis courts) located on Town properties. These properties include but are not limited to athletic fields and areas located at Crandall Park, Crandall Park II, Cross Farms Park, Heron Cove Park, River Park, tennis courts located on Old Cathole Road and the Tolland Recreation Department. Recreation areas also include any field, open space, or outdoor area wherein a Town-sponsored activity and/or event is actively taking place. Excluded are residential properties owned by the Town.
RECREATION DEPARTMENT
The governing Town department for parks and recreation and individuals appointed by the Department as its authorized agents.
SMOKING
The acts of inhaling or burning any lighted or heated cigar, cigarette, pipe or similar device, or any other lighted or heated tobacco or cannabis-type substance or marijuana product intended for inhalation, whether natural or synthetic, in any manner or in any form. For the purposes of this definition, "smoking" shall also include the use of an electronic nicotine delivery system or electronic cannabis-type substance or marijuana delivery system which shall include an electronic device used in the delivery of nicotine, cannabis-type substance, marijuana or other substances to a person inhaling from the device, and includes, but is not limited to, electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid. For the purposes of this definition, "smoking" shall also include vaping and/or the use of vapor products, which means any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may include nicotine, cannabis-type products, marijuana or oils and is inhaled by the user of such product.
TOBBACO PRODUCTS
Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, dissolved, inhaled, snorted, sniffed, or ingested by other means, including, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, and snuff. "Tobacco products" also includes any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar or pipe.
VEHICLE
Every device in, upon or by which a person or property is or may be transported.
A. 
No person shall be permitted to remain, stop or park within the confines of any Town property between dusk and dawn, except in an emergency or with written permission. Written permission shall be obtained during normal business hours as follows:
(1) 
For Town parkland or open space, from the Recreation Department.
(2) 
For school grounds, from the Superintendent of School's office.
(3) 
For all other Town property, from the Town Manager's office.
B. 
In emergency situations or when the public interest demands it, any portion of Town property may be closed to the public or to designated persons until it is deemed prudent to allow readmission.
C. 
The only exceptions to this regulation will allow for persons to engage in:
(1) 
Authorized sporting events at Crandall Park while utilizing artificial illumination at the baseball field, tennis courts and basketball court; or
(2) 
Authorized sporting events at the Tolland Middle School football field; or
(3) 
Authorized programs of the Board of Education being held on school property and authorized programs on Town property.
D. 
Nonobservance of any provision of this section shall constitute a violation.
E. 
This chapter shall be reviewed in nine months from the date of latest revisions.
A. 
A permit must be obtained from the Recreation Department for the following:
(1) 
The use of park lodges or pavilions.
(2) 
The use of playfields or other areas of special or private use.
(3) 
The use of camping areas.
(4) 
The vending of food and drink.
(5) 
The consumption of beer or wine.
B. 
Permits shall be issued by the Recreation Department at the Hicks Municipal Building, 21 Tolland Green, Tolland, Connecticut 06084.
C. 
Permit applicants must be at least 18 years of age. All applications for permits must be received by the Recreation Department at least two weeks prior to the date of the intended use. The signer of a permit shall be responsible for all damages to park facilities, grounds or contents thereof and shall agree to indemnify the Town of Tolland for such damage.
D. 
All permits issued shall be in writing by the Recreation Director and shall be subject to park rules and regulations. A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the written terms and conditions thereof and not in violation of any law, ordinance, rule or regulation governing parks. Any violation of any term or condition thereof or any law, ordinance, rule or regulation governing parks shall constitute grounds for revocation of said permit by the Recreation Department, whose action therein shall be final.
E. 
No person shall fail to produce and exhibit any permit which he claims to have upon request of the Recreation Department or its authorized agent, who shall inspect the same for the purpose of enforcing compliance with any ordinance or regulation. Failure to produce any permit upon request will nullify existence of said permit.
F. 
The applicant shall pay any associated fees at the time the permit is obtained. Such fees may vary according to the activity permitted and the facilities used.
A. 
Preservation of property and natural features. No person shall injure, deface, disturb or befoul any part of a park or any building, signs, equipment or other property found therein; nor shall any tree, flower, shrub, rock or other natural element be removed, injured or destroyed.
B. 
Horses. Horses are not allowed in any park except by express written permission of the Recreation Department.
C. 
Hunting, trapping, fishing and molesting wildlife. No person within the confines of any park shall hunt, trap, fish or otherwise molest any animal or bird; nor shall any person remove, collect or have in his possession the young of any wild animal or the egg or nest of any bird unless express written permission is given by an authorized agent of the Town of Tolland.
D. 
Firearms. No person shall use, carry or possess firearms of any kind or have air- or gas-powered guns, crossbows or bows, or other missile-throwing devices or weapons of any kind within the confines of any Town park.
E. 
Soliciting; unlawful sales. No person shall beg, hawk, peddle or solicit within any park without written permission from an authorized agent of the Town of Tolland.
F. 
Special events. No individual or organization shall conduct, sponsor or promote any special event or other public activity in a park without prior authorization of the Recreation Director. Events or activities which, in the opinion of the Director, constitute hazards and dangers to the personal safety of the participants or other park visitors; endanger peace and good order in the parks; interfere with the regular and normal use of the facilities and activities by park visitors; or are inconsistent with the use of the park for park purposes will not be permitted.
G. 
Noise. No person or persons shall disturb other park users by causing excessive levels of noise.
H. 
Littering, rubbish, garbage, sewage and noxious material. Refuse is not to be dropped, thrown or scattered on park property. All persons shall use restrooms as provided in the park and shall cooperate in maintaining the restrooms in a neat and sanitary condition. No person shall throw, discharge into, cast, drop or leave in any river, brook, stream, pond, lake, public pool, or drain any substance, matter or thing, either liquid or solid, which may or shall result in the pollution of said river, brook, stream, pond, lake or public pool. No person, without the specific written consent of the Director of Recreation, shall bring into, leave behind or dump any material of any kind into the park except the refuse, ashes, garbage and other material of a picnic, camp or other permitted activity, and such material shall be deposited in receptacles provided for such purposes.
I. 
Alcoholic beverages. The consumption or possession of alcoholic liquors or beverages in a park is not permitted. Beer or wine may be brought into the park for sale or consumption only with the express written permission of the Recreation Department. All requests to do so must be made in writing at least 30 days prior to the date of the proposed activity. Any group requesting beer or wine will be required to have a representative of the Town of Tolland designated by the Recreation Director with the advice and consent of the Town Manager present at its event at the group's expense. The Recreation Director will determine the number of representatives deemed necessary before the permit is issued.
J. 
Dogs, cats and other household pets. No person shall bring into, permit, have or keep in the park any dog, cat, household pet or other animal destructive to birds and other wildlife, except that dogs or cats are permitted if held in control by a leash. All persons bringing pets into the park are responsible for cleaning up after them. No pets are permitted in any beach, swimming area, playing field or playground.
K. 
Swimming, swimming areas and beaches.
(1) 
No person shall bathe, wade or swim within any park or swimming area, except at such times and in such areas as designated by the Recreation Department.
(2) 
No person shall dress or undress in any portion of any public bathing area except in buildings designated for such purpose by the Recreation Department. The removal of outer garments placed over proper bathing attire shall not be considered a violation of the provision of this section.
(3) 
No person shall carry onto, possess, scatter or throw on any bathing beach or swimming area bottles or any kind of glass container.
(4) 
The use of any artificial means of support in the water, i.e., tubes, rafts, etc., with the exception of Coast Guard approved apparatus, is not permitted.
(5) 
The use of boats, surfboards, water skis and similar aquatic equipment is prohibited except by special permission of the Recreation Department.
(6) 
Animals of any kind are prohibited in beach and bathing areas.
L. 
Bicycles, snow vehicles, motorbikes and all-terrain vehicles.
(1) 
No person shall ride a bicycle or any other vehicle upon the lawn, ballfields, playing courts or picnic areas of any park.
(2) 
No motorized snow vehicles or all-terrain vehicles shall be permitted in any areas of a park.
(3) 
No unlicensed motorbikes or other unlicensed vehicles shall be permitted in any area of a park.
(4) 
Riders of bicycles shall comply with the rules for the regulation of other vehicles.
(5) 
Bicycles should be parked in places provided for such purpose.
M. 
Traffic.
(1) 
No person shall drive any automobile, motorcycle, motorized bike or other vehicle in any area of any park except on the proper drives and parking areas or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive. Paths established as foot or bicycle paths shall not be used for vehicular traffic.
(2) 
No vehicle shall be operated on any road or drive in any park at a speed exceeding 15 miles per hour unless otherwise posted.
(3) 
All stop signs and other traffic control devices must be obeyed.
(4) 
No person shall fail to obey all traffic officers or Town employees authorized and instructed to direct traffic in the park.
(5) 
No person shall park any vehicle or permit any vehicle to remain standing on any roadway within the boundaries of a park or parkway in excess of the length of time and between the hours as hereinafter specified. No parking shall be allowed on any of the park roads between dusk and dawn. Parking areas in the parks are established for the convenience of patrons while using the facilities of the parks. It shall be unlawful for any person to park, stop or leave standing any vehicle in any parking area in any park except during the time he/she remains in the park. The term "parking" shall mean the standing of any vehicle, whether occupied or not, upon any park road otherwise than temporarily or while actively engaged in loading or unloading or while standing in obedience to traffic signals or regulators. Certain vehicles are allowed to park at any Town recreational facility after dusk for the purpose of engaging in authorized events at either facility.
(6) 
No person shall operate a vehicle along or over any road or drive within a park in a reckless manner or without due regard for the safety and the rights of pedestrians and drivers and occupants of all other vehicles, so as to endanger the life, limb or property of any person while in the lawful use of said park drive or roads.
(7) 
It shall be the duty of every person operating an automobile, motorcycle or other vehicle of traffic or burden within the parks or parkways to comply with the Vehicle and Traffic Law of the State of Connecticut and with all orders, directions and regulations issued by traffic officers or officially displayed on any post, standard, sign or device installed for the regulation of traffic.
(8) 
No person shall leave any motor vehicle, trailer or other vehicle within any park after closing hours except in an emergency and only after obtaining permission from the Director of Recreation or his authorized agent. Any vehicle left within any park after closing hours without permission shall be removed from the park at the owner's expense.
(9) 
Repairing or servicing of vehicles is prohibited within a park except in an emergency and upon notification of the Recreation Department.
N. 
Advertising and signs. No person shall post or display any sign, banner, advertisement, circular, notice or statement within any park without the prior permission of the Recreation Department.
O. 
Picnicking; cooking fires.
(1) 
No person shall picnic or cook in any area not designated for that purpose by the Recreation Department nor make or kindle any fire except in places provided therefor. Each person must be sure that any fire he/she started is completely out before leaving the park.
(2) 
No person shall move or carry tables or equipment found within a park for park use to a different area of the park.
P. 
Disorderly conduct.
(1) 
No person shall disturb the peace and good order in any park by fighting or disorderly conduct, use threatening, abusive, indecent or obscene language or threaten violence to the person or property of others.
(2) 
No person shall congregate with others in a public place and refuse to comply with a lawful order of the police or authorized personnel to disperse and leave the park.
(3) 
No person shall loiter in or near toilet buildings or parking areas.
(4) 
No person shall write, paint, carve or otherwise mark or deface public property.
(5) 
No person shall be in the park under the influence of drugs or alcohol.
Q. 
Camping.
(1) 
Camping within parks is permitted only within designated areas by permission of the Recreation Department.
(2) 
When camping sites are made available within a park, rules and regulations particular to each site shall be established by the Recreation Department. Nonobservance of such camping rules and regulations shall constitute a violation.
R. 
Prohibition against using tobacco products or cannabis-type substances or marijuana or smoking in recreation areas and parks. No person shall engage in the act of smoking or use any tobacco or cannabis-type substances or marijuana in any recreation area or park.
No parent, guardian or custodian of any minor shall permit or allow him or her, as the case may be, to do any act which would constitute a violation of this chapter. Nonobservance of this section shall be a violation.
A. 
No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction or control of traffic or to any other order lawfully given by any police officer or Town official in the execution of his or her office or willfully resist, obstruct or abuse any police officer or Town official in the execution of his or her office or duties. Nonobservance of this section shall be a violation.
B. 
No official or employee of the Town of Tolland shall, while acting pursuant to the provisions of this chapter, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of his or her official duties, provided that such acts are performed in good faith and without gross negligence.
A. 
Any person convicted of a violation of this chapter shall be subject to a fine not to exceed $50.
B. 
Any person damaging park property shall be liable for any and all related damages.
Every recreation area shall have at least one conspicuously displayed sign which indicates that smoking and the use of any tobacco or cannabis-type substances or marijuana are prohibited and that any person who violates the Town's prohibition on smoking or using any tobacco or cannabis-type substances or marijuana in a recreation area or park may be fined.
A. 
Upon the approval of the Town Manager or Town Manager's designee, certain spaces within recreation areas and parks may be designated as temporary or permanent smoking and tobacco products use areas.
B. 
The use of cannabis-type substances or marijuana is prohibited in all recreation areas and parks.