Connecticut § 23-4 - Regulations for preservation and protection. Penalties. Alcoholic beverages in state parks and forests. Taking of mushrooms. Liability.

§ 23-4. Regulations for preservation and protection. Penalties. Alcoholic beverages in state parks and forests. Taking of mushrooms. Liability.

Sec. 23-4. Regulations for preservation and protection. Penalties. Alcoholic beverages in state parks and forests. Taking of mushrooms. Liability. (a) The Commissioner of Energy and Environmental Protection may adopt regulations in accordance with the provisions of chapter 54 for the maintenance of order, safety and sanitation upon the lands under the commissioner's control and for the protection of trees and other property and the preservation of the natural beauty thereof and fix penalties not exceeding a fine of ninety dollars for violation of such regulations. The commissioner may prohibit the possession or consumption of alcoholic beverages on such lands provided, for any such lands where the consumption or possession of alcoholic beverages was not prohibited by the commissioner as of October 1, 1999, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to prohibit such activity. Such regulations shall be posted in conspicuous places upon such lands. Any person who violates any such regulation shall have committed an infraction and may pay the fine by mail or plead not guilty under the provisions of section 51-164n. The provisions of section 51-164m shall not apply to this section. Any person convicted of a violation of such regulations or who forfeits a bond taken upon any such complaint may be prohibited from entering any state park by the commissioner for not more than one year from the date of such conviction.

(b) Notwithstanding the provisions of subsection (a) of this section and any regulation adopted pursuant to said subsection, the commissioner shall authorize any person to take mushrooms from any lands under the control of the commissioner provided such taking is for personal use only. The state shall have no liability to any person or the heirs or assigns of any such person who engages in the taking of mushrooms from any lands under the control of the commissioner.

(1949 Rev., S. 3431; 1951, S. 1855d; 1971, P.A. 872, S. 158; P.A. 74-245, S. 3; P.A. 76-381, S. 14; P.A. 82-255, S. 1; P.A. 83-285, S. 5; P.A. 01-150, S. 18; P.A. 11-80, S. 1; P.A. 17-150, S. 1.)

History: 1971 act replaced references to state park and forest commission with references to commissioner of environmental protection; P.A. 74-245 raised maximum fine from $20 to $50; P.A. 76-381 added provisions classifying violation as an infraction, allowing payment of fine by mail or pleading of not guilty and excluding provisions from applicability of Sec. 51-164m; P.A. 82-255 raised the fine to $99 and authorized the commissioner to prohibit persons convicted of a violation or forfeiting a bond from entering a state park for one year; P.A. 83-285 reduced the maximum fine for violations of regulations to $90; P.A. 01-150 authorized the commissioner to prohibit the possession or consumption of alcoholic beverage on lands under the commissioner's control and to adopt regulations therefor, and made technical changes for purpose of gender neutrality; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 17-150 designated existing provisions re adoption of regulations as Subsec. (a) and added Subsec. (b) re taking of mushrooms from lands under control of commissioner and liability of state to person who takes mushrooms.