CONNECTICUT LAKE AUTHORITIES

CANDLEWOOD LAKE AUTHORITY

20 Saw Mill Road, P.O. Box 37, Sherman, CT 06784-0037
Office: (860) 354-6928 • Fax: (860) 350-5611
Emergencies: Call 911 or the D.E.P. (860) 424-3333

C.L.A.M.P.

OTHER HOUSATONIC LAKE AUTHORITIES

LAKE HOUSATONIC AUTHORITY
P.O. Box 26, Derby, CT 06418 • (203) 732-8499

LAKE LILLINONAH AUTHORITY
11 Cove Road, Brookfield, CT 06864 • (203) 264-2360

LAKE ZOAR AUTHORITY
501 Main Street South, Southbury, CT 06488 • (203) 264-5246

LAKE BANTAM AUTHORITY (PATROL)
87 East Shore Road, Bantam CT 06763
(860) 567-5786

ALL LAKE AUTHORITIES IN CONNECTICUT

451 * BANTAM LAKE - (Morris, Litchfield)
452 * CANDLEWOOD LAKE - (Brookfield, Danbury, New Fairfield, New Milford, Sherman)
453 * GARDNER LAKE - (Salem, Montville, Bozrah)
454 * HOUSATONIC LAKE - (Derby, Seymour, Shelton, Oxford•)
455 * LILLINONAH LAKE - (Brookfield, Bridgewater, Southbury, New Milford•, Newton•, Roxbury•)
456 * ROGERS LAKE - (Lyme, Old Lyme)
457 * WARAMAUG LAKE - (Warren, Washington, Kent)
458 * ZOAR LAKE - (Monroe, Newtown, Oxford, Southbury•)

The 3 digit number is from Connecticut's entity ID table.
Matter in (parenthesis) are the Towns in which each lake is situated. A single Town cannot form a Lake Authority.

ENABLING LAW

Sec. 7-151a. Establishment of lake authorities. Withdrawal of town.
(a) As used in this section, "state waters" means all waters within the territorial limits of the state except navigable waters of the United States. Any two or more towns which have within their territorial limits a body of state water may establish by ordinance a lake authority. Said authority shall act as agent for the member towns in cooperating with the Commissioner of Environmental Protection in the enforcement of the boating laws on such water. (b) Notwithstanding the provisions of section 7-330, such authority shall be composed of at least three delegates from each member town whose term of office and method of selection shall be determined by the towns establishing the authority provided each member town may appoint up to four delegates to the authority. Each town shall pay to the authority its respective share of the expenses of the commission prorated on the basis of its linear footage of shore line or any other formula agreed on and adopted by a majority of the legislative bodies of all member towns. Any member town may, by ordinance, withdraw from such authority, effective upon the mailing of written notice of such withdrawal to the authority. Each withdrawing town shall be liable for its share of expenses incurred prior to the effective date of such notice. Upon the withdrawal of any town or towns, the authority shall remain in force insofar as the remaining town or towns are concerned, but the jurisdiction of the authority shall be reduced to that portion of said body of state water lying within the boundaries of such remaining town or towns. In the event of such a withdrawal, the portion of such body of state water lying within the town or towns withdrawing from the authority shall revert to the status existing prior to the adoption of the authority. (c) In addition to the power granted in subsection (a) a lake authority may be granted by the legislative bodies of its respective towns powers to: (1) Control and abate algae and aquatic weeds in cooperation with the Commissioner of Environmental Protection; (2) study water management including, but not limited to, water depth and circulation and make recommendations for action to its member towns; (3) act as agent for member towns with respect to filing applications for grants and reimbursements with the Department of Environmental Protection and other state agencies in connection with state and federal programs; and (4) to act as agent for member towns with respect to receiving gifts for any of its purposes. (d) A lake authority shall have no jurisdiction in any matters subject to regulation by the Commissioner of Environmental Protection. (e) Each member town of any lake authority shall protect and save harmless such town's delegates to such lake authority from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence on the part of such delegate while acting in the discharge of his duties as such delegate. Each such member town may insure against the liability imposed by this subsection in any insurance company organized in this state or in any insurance company of another state authorized to write such insurance in this state or may elect to act as self- insurer of such liability.
(1967, P.A. 682, S. 1-3; 1969, P.A. 416; 1971, P.A. 29, S. 1, 2; P.A. 73-241, S. 13; P.A. 75-408, S. 2; P.A. 76-435, S. 35, 82; P.A. 88-364, S. 74, 123; P.A. 93-238, S. 4.) History: 1969 act added Subsecs. (c) and (d) re additional powers of lake authorities and ban on jurisdiction in matters subject to state fisheries and game board; 1971 act permitted formulas other than linear footage for basis of expense apportionment in Subsec. (b) and in Subsec. (c) added power to act as agent for towns in applications to various state agencies; P.A. 73-241 required agreement by majority of member towns re alternate formulas of expense apportionment in Subsec. (b) and added power to act as agent for towns in receiving gifts under Subsec. (c); P.A. 75-408 added Subsec. (e) re indemnification of lake authority delegates; P.A. 76-435 replaced state boating commission, water resources commission and board of fisheries and game with commissioner of environmental protection, pursuant to 1971, P.A. 872; P.A. 88-364 deleted reference to Secs. 22a-338 and 22a-339 from Subsec. (c); P.A. 93-238 amended Subsec. (b) to authorize an additional member for municipal delegations to the authorities.

LAKE PATROLMEN

Sec. 7-151b. Appointment of lake patrolmen. Requirements for carrying a firearm by lake patrolmen. Liability. Training courses.
(a) The Commissioner of Environmental Protection may appoint lake patrolmen to enforce any boating laws delegated by said commissioner. Any such lake patrolman may carry a firearm, or baton, or both only upon completion of a basic police training course defined in section 7-294a or a firearms safety course offered by the Department of Environmental Protection. Such lake patrolmen shall not be construed to be state employees and compensation therefore shall be paid by the municipality or lake authority responsible for the lake. Such lake patrolmen may use their own vessels to enforce the provisions of this section, provided the state shall not be liable for any damage caused by a lake patrolman using such vessel in the course of such lake patrolman's duties. A municipality employing lake patrolmen shall assume liability for damage caused by such patrolmen pursuant to section 7-465. A lake authority may protect and save harmless any lake patrolman employed by the authority from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence on the part of such lake patrolman while acting in the scope of such lake patrolman's employment. (b) The Commissioner of Environmental Protection shall formulate training courses for lake patrolmen appointed pursuant to this section. (P.A. 88-98, S. 5, 6; P.A. 01-204, S. 27)

ENFORCEMENT AND AUTHORITY

Sec. 15-154. Enforcement (a) Any harbor master, deputy harbor master, conservation officer, special conservation officer or state police officer and any municipal police officer, any special police officer appointed under sections 29-18 and 29-19 or members of the volunteer police auxiliary force established under section 29-22, any town marine officers appointed under section 15-154a and certified by the commissioner for marine police duty and any lake patrolman appointed under section 7-151b may enforce the provisions of this chapter and chapter 446k. In the enforcement of this chapter, such officer may arrest, without previous complaint and warrant, any person who fails to comply with the provisions of this chapter. Failure to appear in court pursuant to such arrest, unless excused by the court or the state's attorney or assistant state's attorney, shall constitute sufficient cause for the suspension by the Commissioner of Motor Vehicles of the boat registration of the boat involved for not more than thirty days or until the matter is resolved by the court, whichever is sooner. (b) When engaged in the enforcement of this chapter and chapter 446k such officer shall have the authority to stop and board any vessel which is under way or which is moored on the waters of this state for the purposes of (1) examining decals, certificates and other documents, (2) inspecting safety equipment and waste disposal systems, (3) determining if the operation of such vessel exceeds the noise levels established in subsection (b) of section 15-129, (4) searching when he has probable cause to believe that any provision of any law of this state or any rule or regulation of the Department of Environmental Protection relating to boating or water pollution has been violated, (5) determining compliance with subsection (d) of section 15-133, when he has probable cause to believe said section has been violated, and (6) making arrests. No person operating a vessel shall refuse to stop his vessel or, if sea conditions make stopping in that area unsafe, refuse to take his vessel to a designated area after being requested or signalled to do so by an authorized law enforcement officer. Any person operating a vessel who refuses to stop or refuses to take his vessel to the designated area shall have committed an infraction. Any person, when signalled to stop by an officer in a law enforcement vessel using an audible signal device or flashing blue lights, who operates his vessel in disregard of such signal so as to (A) interfere with or endanger the operation of the law enforcement vessel or any other vessel, (B) endanger or cause damage to property or person or (C) increase speed in an attempt to escape or elude such law enforcement officer shall be fined not less than one hundred dollars nor more than five hundred dollars for a first offense and for any subsequent offense shall be fined not less than five hundred dollars nor more than one thousand dollars. Proof of the registration number of the vessel shall be prima facie evidence in any prosecution that the owner was the operator. (c) The Commissioner of Environmental Protection shall publish an enforcement manual, conduct training and educational sessions, serve as liaison between the enforcement groups and the Superior Court and shall be generally responsible for the overall coordination of enforcement. (1961, P.A. 506, S. 21; 1963, P.A. 552, S. 2; 1967, P.A. 170, S. 1; 1969, P.A. 219, S. 1; 1971, P.A. 54, S. 2; 872, S. 391; P.A. 73-257, S. 18, 27; P.A. 74-183, S. 205, 291; P.A. 76-381, S. 34; 76-436, S. 175, 681; P.A. 81-423, S. 14, 25; P.A. 82-472, S. 38, 48, 183; P.A. 84-268, S. 2; P.A. 87-505, S. 2, 9; P.A. 89-388, S. 9, 23, 27.) History: 1963 act added volunteer police auxiliary force member to Subsec. (a); 1967 act substituted "chapter" for "part", amended Subsec. (b) to allow boarding of boat operated in reckless manner, to expand provisions re stopping boat when signalled to do so and to include provision for fine and added Subsec. (c) re enforcement by boat safety commission; 1969 act provided in Subsec. (a) for suspension of registration for failure to appear in court; 1971 acts allowed enforcement of chapter provisions by town marine officer and replaced "boating commission" and "commission" with "commissioner" referring to commissioner of environmental protection; P.A. 73-257 gave enforcement power to special police officer, extended enforcement to part II of chapter 474 and chapter 474a, replaced references to summons with references to arrest powers, gave power to suspend registration to motor vehicles commissioner rather than environmental protection commissioner and deleted provision which allowed arrest only on court order or warrant issued by prosecuting officer and amended Subsec. (b) to allow officer to stop boats as specified, replacing requirement that patrols be made only in marked police vessels and that vessels be stopped only if ID number not displayed or if boat is operated recklessly; P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (c); P.A. 76-381 replaced provision for fifty dollar maximum fine in Subsec. (b) with statement that violator deemed to have committed an infraction; P.A. 76-436 replaced "prosecutor" with "state's attorney" or "assistant state's attorney" in Subsec. (a) and replaced court of common pleas with superior court in Subsec. (c), effective July 1, 1978; P.A. 81-423 inserted "vessel" in lieu of "motorboat" where appropriate in Subsec. (b); P.A. 82-472 divided Subsec. (b) into Subdivs. and made other technical corrections; P.A. 84-268 amended Subsec. (b) by inserting Subdiv. (3) authorizing an officer to stop and board vessels to determine compliance with noise level standards and renumbered the remaining Subdivs. accordingly; P.A. 87-505 amended Subsec. (b) by adding provision re penalty failure to stop a vessel and substituted reference to searching with "probable cause" for reference to searching without a warrant; P.A. 89-388 amended Subsec. (a) to authorize lake patrolmen to enforce boating law and water pollution control law and amended Subsec. (b) by adding Subdiv. (5) re probable cause for violations of Sec. 15-133 and renumbering the remaining Subdiv. accordingly. See chapter 881b re infractions of the law. Cited. 224 C. 29, 37.

REFERENCE TO PEACE OFFICERS

53a-3(9) "Peace officer" means a member of the Division of State Police within the Department of Public Safety or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19, an adult probation officer, appointed under section 54-104, an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the office of the State Treasurer or any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code;

REFERENCE TO MARINE OFFICERS AND AUXILIARIES
NOT LAKE PATROLMEN

c. 15-154a. Town marine officers and auxiliaries. (a) The selectmen of any town may appoint for such length of time as they determine such number of special constables to be called town marine officers as they deem necessary to enforce the provisions of this chapter, section 53-134, subsection (b) of section 53a-119b and section 53a-182 on any body of water that lies wholly or partially within the jurisdiction of the town, and the provisions of section 22a-250 on any body of water that lies wholly or partially within the jurisdiction of the town or upon land adjacent to such body of water and within the jurisdiction of the town.
(b) The selectmen of any town may appoint for such length of time as they determine town marine auxiliaries to the municipal police. Such auxiliaries may monitor any body of water wholly or partially within the jurisdiction of the town or land adjacent to such body of water for compliance with the provisions of this chapter, section 53-134, subsection (b) of section 53a-119b and section 53a-182, provided such auxiliaries shall not have the power to arrest any person and shall not be considered peace or police officers. The Commissioner of Environmental Protection shall develop a training program for such auxiliaries.

Based on the above statutes, it appears that Lake Patrolman are:
1. Not listed as Peace Officers in the Penal Code.
2. May enforce boating and pollution laws delegated by the D.E.P.
3. Must complete required training by the D.E.P.
4. Have arrest powers for violations of law.
5. May board a vessel to inspect for compliance of law.
6. Have general police powers with regard to boating enforcement.

RE: #1: The list of Peace Officers are generally referred to fully certified Police Officers, who (with a few exceptions) are currently required to attend the Police Academy. ATTORNEY GENERAL OPINION
RE: #2: The D.E.P. is the primary law enforcement agency of the lake, and has oversite of Lake Patrolmen. The D.E.P. Commissioner is the actual "appointing authority" of all Lake Patrolmen, and delegates the duties of Lake Patrolmen.
RE: #3: The D.E.P. currently provides about 60 hours of training (which may include firearms training) to Lake Patrolmen. Since the majority of Patrolmen are seasonal positions, the cost to Lake Authorities and Towns is considered more reasonable than the more costly alternative to send each officer to the Police Academy.
RE: #4, #5, and #6: Section 15-154 (listed above) clearly authorizes Lake Patrolmen to make arrests, to board vessels of lawbreakers, and requires boats stop when approached with emergency lights flashing and provides penalties for failure to comply.

The above statutes give Lake Patrolmen the needed tools to enforce boating/water pollution laws. With training and oversite by the D.E.P., Lake Authorities have a cost effective way to establish and maintain seasonal lake patrols. Lake Authorities are not required to employ lake patrolmen. Only the Candlewoood Lake Authority, the Lake Housatonic Authority, and the Bantam Lake Authority currently employ Lake Patrolmen under 7-151b.

CONNECTICUT STATE LAW

RADIO FACILITIES

CANDLEWOOD LAKE AUTHORITY
KRJ-808 • C.L.A. RADIO 155.835 MHz. PL 123.0 Hz. Simplex.
WHU-690 • MARINE RADIO 156.800 MHz. No PL Simplex.
KUZ-976 • D.E.P. RADIO 44.92/44.72 MHz. PL 114.8 Hz. Simplex.

LAKE HOUSATONIC AUTHORITY
KZQ-565 • 155.295 Mhz. PL 110.9 Hz. Simplex.

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