Southington Council Says 'No' To Pot At Town Properties

SOUTHINGTON, CT — Following lengthy debate from both councilors and the public, the Southington Town Council voted 9-0 Tuesday to modify its no-smoking ordinance.

In doing so, the council unanimously said people can't smoke newly legalized recreational marijuana at town facilities, just like tobacco smoking and vaping is banned at such municipal sites already.

Specifically, the revised no-smoking ordinance says "no person shall use, carry or smoke a lighted cigarette, cigar, cigarillo, pipe, powered-on vaporizer device, or use cannabis-type substances including marijuana, as defined in Connecticut General Statutes Section 21a-240, in any form in or upon any land, street, sidewalk, building, park, playground, recreation area, athletic facility, trail, lake or area of assembly owned, leased or controlled by the Town of Southington."

Enforcement of those rules, however, requires "that signs are posted in the area such as to reasonably warn persons that the area is subject to this no-smoking ordinance."

While the intent of the town revisiting the ordinance was to incorporate recreational pot into existing no-smoking rules, another change caused controversy among some councilors, as well as those speaking at a public hearing Tuesday prior to the council vote.

Namely, the fact smoking anything, technically, would be illegal on town streets and sidewalks, something three people speaking had issues with along enforcement, freedom and economic grounds.

"I agree smoking is bad for you. But it is a personal choice," said resident Regina Coviello, who said banning smoking from sidewalks could hurt local bars and restaurants that feature smokers who often go outside for smoke breaks.

The 1983 high school graduate recalled her high school days in town when there was a smoking section for students.

Coviello also talked about the fiscal impacts smokers have when it comes to tax revenue.

"If everyone who smokes stops smoking, do you know how much tax money would be lost?" said Coviello. "I will tell you I don't take smoking lightly. I lost my husband to lung cancer, but it was his own choice to smoke."

Two other speakers expressed similar concerns, calling the language "vague" and also worried about the legalities of enforcing a smoking ban on town sidewalks and streets.

Some on the council agreed with the three speakers who expressed concerns.

"I just think that there was some good points, honestly," said Councilman Christopher J. Palmieri, who openly discussed putting off the vote for further ordinance committee review.

"This language is a little bit too vague," added Councilman Jack Perry. "The residents this evening, they spoke with some concerns that we need to address."

Ultimately, the council couldn't limit the smoking ban on streets and sidewalks to just pot, as members learned the state law required compliance with the federal Clean Air Act, which doesn't differentiate between what legal smoked substances can be banned or not.

Council members appeared satisfied the sign-noticing requirement for enforcement wouldn't result in somebody simply being penalized — a $90 fine — for smoking while going for a walk.

Such signs, officials said, would likely go up in high-volume areas of town and places where children are likely to be.

To watch the June 27 Southington Town Council hearing and meeting, click on this link.

For the full text of the no-smoking ordinance and the changes approved Tuesday, click on this link.