[HISTORY: Adopted by the Town Council of the Town of Wethersfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-29-2022[1]]
[1]
This ordinance was adopted as Ch. 126, but was renumbered
to maintain the alphabetical organization of the Code.
A.
The purpose of this article is to promote the health, safety, and
welfare of all persons using Town-owned or Town-operated recreation
areas by prohibiting smoking and the use of any tobacco or cannabis
products at all town-owned and town-operated recreation areas.
B.
This article is adopted in accordance with the provisions of G.S.
§ 7-148(c)(7)(H)(xvi), as amended.
As used in this article, the following terms shall have the
meanings indicated:
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; and every
compound, manufacture, salt, derivative, mixture, or preparation of
such plant, its seeds or resin. Marijuana does 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 USC 1639o, as amended from time to time. Included are
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, and which show
a like potential for abuse, which are controlled substances under
this chapter unless derived from hemp, as defined in C.G.S. § 22-61l.
Any outdoor area owned and operated by the Town and open
to the general public and where the public generally assembles for
recreational purposes, including, but not limited to, beaches, pools,
picnic areas, playgrounds, gardens, athletic fields, athletic facilities,
bleachers, dog parks, skate parks, fairgrounds, tennis courts, basketball
courts, concession areas, pavilions, parking areas, greens, Heritage
Way bike trail, and other such recreation areas and support facilities
and structures. "Recreation areas" shall not include open space properties
and natural areas owned and operated by the Town where the public
generally does not assemble for recreation activities.
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 product intended for inhalation, whether natural
or synthetic, in any manner or in any form. For the purposes of this
subsection, "smoking" shall also include the use of an electronic
nicotine delivery system or electronic cannabis delivery system which
shall include an electronic device used in the delivery of nicotine,
cannabis or other substances to a person inhaling from the device,
and includes, but is not limited to, an 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 subsection, "smoking" shall also include
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 or cannabis and is inhaled by the user of
such product.
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, piped 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.
No person shall engage in the act of smoking or use any tobacco
or cannabis products in any Town-owned or Town-operated recreation
area.
Any person who violates any provision of this article shall
be subject to a fine of $50 for each separate offense or violation.
Every recreation area shall have at least one conspicuously
displayed sign which indicates that smoking and the use of any tobacco
or cannabis products are prohibited and that any person who violates
the Town's prohibition on smoking or using any tobacco or cannabis
products in a recreation area may be fined.
A.
Upon the approval of the Town Manager or Town Manager's designee,
certain spaces within recreation areas may be designated as temporary
or permanent smoking and tobacco products use areas. This section
shall also apply to recreation areas reserved for exclusive use or
leased by the Town.
B.
The use of cannabis products is prohibited at all Town-owned and
Town-operated recreation areas.
