[HISTORY: Adopted by the Town Council of the Town of Tolland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-2014 by Res. No. 14-55]
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:
Any type of nonmotorized bike being used for off-road riding.
Any open space conservation areas owned by the Town of Tolland
under the delegated management oversight of the Tolland Conservation
Commission.
Any individual, firm, partnership, corporation or association
of persons; and the singular number shall include the plural.
The Town department for open space conservation areas and
individuals appointed by the Department as its authorized agents.
Every device in, upon or by which one or more people or property
is or may be transported.
A.
No person shall be permitted to remain, stop or park within the confines
of any Town open space between dusk and dawn, except in an emergency
or with written approval. Night use of any type is by exception and
requires advance written approval from the Tolland Conservation Commission.
Submit the Application Form for Night Use of a Tolland Conservation
Area to the Tolland Conservation Commission through the Town's
Planning and Community Development Department.
B.
In emergency situations or when the public interest demands it, any
portion of Town open space may be closed to the public or to designated
persons until it is deemed prudent to allow readmission.
C.
Nonobservance of any provision of this section shall constitute a
violation.
A.
The signer of an Application Form for Night Use of a Tolland Conservation
Area shall be responsible for all damages to open space facilities,
grounds or contents thereof and shall agree to indemnify the Town
of Tolland for such damage. Applicants must be at least 18 years of
age. All events shall abide by the "Leave No Trace" policy.
B.
All approvals issued shall be in writing by the Tolland Conservation
Commission and shall be subject to the open space's rules and
regulations, unless a written exception is made. An approval 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
open space, unless a written exception is made. Any violation of any
term or condition thereof or any law, ordinance, rule or regulation
governing open space shall constitute grounds for revocation of said
approval by the Tolland Conservation Commission, whose action therein
shall be final.
A.
Preservation of property and natural features. No person shall injure,
deface, disturb or befoul any part of an open space or any signs,
map boxes, gates or other property found therein; nor shall any tree,
flower, shrub, rock or other natural element be removed, injured or
destroyed. Visitors shall stay on marked trails.
B.
Hunting, trapping and molesting wildlife. No person within the confines
of any open space shall hunt, trap 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 the Tolland Conservation Commission.
C.
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 open
space.
D.
Soliciting; unlawful sales. No person shall beg, hawk, peddle or
solicit within any open space without written permission from the
Tolland Conservation Commission.
E.
Special events. The Tolland Conservation Commission requests notification
of organized group use of the conservation areas owned by the Town
of Tolland through its Notification Form of Group Use of a Tolland
Conservation Area. The purpose is to avoid conflicts with other group
users, coordinate with ongoing maintenance work and identify a responsible
party to assure consistency with the "Leave No Trace" policy. Events
or activities which, in the opinion of the Tolland Conservation Commission
or the Planning and Community Development Department, constitute hazards
and dangers to the personal safety of the participants or other open
space visitors; endanger peace and good order in the open space; interfere
with the regular and normal use of the area by open space visitors;
or are inconsistent with the use of the open space purposes will not
be permitted.
F.
Noise. No person or persons shall disturb other open space users
by causing excessive levels of noise.
G.
Littering, rubbish, garbage, sewage and noxious material. No person
shall bring into, leave behind or dump any material of any kind into
the open space. Refuse is not to be dropped, thrown or scattered on
open space property. No person shall throw, discharge into, cast,
drop or leave in any river, brook, stream, pond, lake, 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 or lake.
H.
Alcoholic beverages. The consumption or possession of alcoholic liquors
or beverages in an open space is not permitted.
I.
Dogs, cats and other household pets. No person shall bring into,
permit, have or keep in the open space 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 open space are responsible for cleaning up
after them.
J.
Swimming. No person shall bathe, wade or swim within any open space.
K.
Snow vehicles, motorbikes and all-terrain vehicles. Motorized snow
vehicles, motorbikes, all-terrain vehicles or any other means of motorized
transport are not permitted in any open space areas.
L.
Mountain biking and horseback riding. Mountain biking and horseback
riding are only permitted on certain trails. Mountain bikers and horseback
riders must consult the permitted/nonpermitted signage on each open
space property or the trail brochures at the main trail head of each
open space property or the management plans and trail brochures found
online at the Town of Tolland website or through the Town's Planning
and Community Development Department. Bicycle riders and horseback
riders must stay on the trails and ride in a manner respectful of
the property and of other trail users. Horseback riders are responsible
for cleaning up after their horses. The permittance to mountain bike
or horseback ride on open space is subject to change depending on
trail conditions.
M.
Advertising and signs. No person shall post or display any sign,
banner, advertisement, circular, notice or statement within any open
space without the prior permission of the Tolland Conservation Commission.
N.
Fires. No person shall make or kindle any fire in any open space.
O.
Disorderly conduct. No person shall disturb the peace and good order
in any open space by fighting or disorderly conduct; use threatening,
abusive, indecent or obscene language; or threaten violence to the
person or property of others. 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 open space.
No person shall loiter in or near parking areas. No person shall write,
paint, carve or otherwise mark or deface public property. No person
shall be in the open space under the influence of drugs or alcohol.
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.
Any person convicted of a violation of this chapter shall be
subject to a fine not to exceed $250. Any person damaging open space
property shall be liable for any and all related damages.
[Adopted 7-14-2015 by Ord. No. 88]
In accordance with the Tolland 2009 Plan of Conservation and
Development and pursuant to the provisions of Section 12-107c of the
Connecticut General Statutes, as amended, for purposes of assessment,
all land in the Town of Tolland located solely in the Residential
Design District, single-family residential zone, is designated as
open space land, and may be classified as such by the Assessor upon
application by the owners, subject to the following provisions:
A.
The designed open space shall be undeveloped land of at least 10
acres, or 10 acres in excess of the minimum lot size for the zone
or lot type (rear lot). "Undeveloped land" means land without buildings,
roads, driveways, or other permanent structures or active mineral
extraction activities.
B.
Contiguous, as well as noncontiguous, parcels of land within a zone
having the same title owner may not be aggregated for the purpose
of determining the area which is eligible for open space.
C.
Effective on the date of approval as a subdivision or resubdivision,
any land which had been designated as open space by the Assessor shall
be removed from such designation, and a conveyance tax paid, if required
under Section 12-504a of the Connecticut General Statutes.
