Town Council considers smoking ban on public property amid complaints of Cannabis in parks
Elected officials have begun considering a ban that would snuff out all forms of smoking in some public areas, a movement largely stemming from the state's legalization of recreational cannabis.
If the idea moves forward, South Windsor would join towns like Simsbury and New Milford in restricting the use of cannabis on town-owned properties.
South Windsor has not yet drafted any ordinance for such a smoking ban, but members of the Town Council discussed the idea with town staff at a meeting Monday night.
Parks Superintendent John Caldwell said smoking in the town's parks has been a concern for many years, but the legalization of cannabis has changed the dynamic.
"It's become evident that most of the parks during the day are an area where people will go for recreational marijuana," Caldwell said, adding that residents and other town staff have voiced their complaints to him.
Caldwell said Rye Street Park is an "area of concern," due to the proximity of some smokers to children on playgrounds and sports fields.
Caldwell said the Park and Recreation Commission discussed a smoking ban nearly a decade ago, far before recreational cannabis was legalized, but the idea never got off the ground.
"We were told at the time that there wasn't really an ordinance and there wasn't a way of doing it, but towns have done it since," Caldwell said.
Some towns issued bans on cannabis use shortly after the state legalized recreational use in July 2021.
Vernon updated its ordinances in August 2021 to prohibit cannabis consumption on town-owned property, public roads, parking areas, and businesses open to the public, in a similar manner to existing restrictions on alcohol.
Coventry enacted a ban on smoking of tobacco and cannabis on all town-owned property in September 2021, and Tolland followed in December 2021 by preventing all types of smoking at town-owned recreational areas. Both towns back their bans with potential fines for the prohibited activities.
As no draft exists, it would be up to South Windsor's Town Council to decide whether to restrict smoking in open spaces or on all town-owned properties, and in what way those restrictions would be enforced.
None of the members of South Windsor's Town Council voiced opposition to a smoking ban, but some questioned how enforcement might work.
Council member Erica Evans said it would possibly be left to the community to report violations to the police.
Under that framework, "no one's going around overseeing this, there's no cost to the town except for the man hours of the police department," Evans said.
Deputy Mayor Matt Siracusa said the responsibility would likely fall to Parks and Recreation staff working at the town's open space.
"If town staff are going around maintaining the parks and see it, they call the (police department)," Siracusa said.
Council member Carolyn Carey said she used to live in Ocean City, New Jersey, which has a smoking ban on its famous boardwalk, and the law was rarely violated.
"I think people, generally, when you tell them a rule, they'll abide by it," Carey said.
Council member Toby Lewis said he feels a smoking ban is in a "sketchy area" and the town would have to ensure that residents are not having their rights restricted.
"Possibly we can designate areas," Lewis said. "We need to be careful with this, it needs some thoughtful consideration."
Town Manager Michael Maniscalco said although few town employees smoke, South Windsor would likely need to provide designated smoking areas at some facilities if the Town Council banned smoking at all town-owned properties.
"That would probably promote employees not to smoke," Maniscalco said. "Hopefully we would see a decrease in that, which would help our health insurance costs."
Council member Elizabeth Pendleton said she would like to clarify with the town attorney what state laws might be in play and what other towns have done, and to review a controversial proposal made years ago by a former Town Council member.
"People were calling him, and the Democrats at that time, control freaks trying to control people's lives," Pendleton said.
