Chapter 1
GENERAL PROVISIONS1
1-1 How Code designated and cited.
1-3 Scope and purpose of provisions.
1-5 Effect of repeal of ordinances.
1-6 Severability of parts of Code.
1-9 General penalty; continuing violations.
1-10 Prosecution where different penalties exist for same offense.
1-11 Disposition of fines and penalties.
1-12 Copy of Code to be signed and kept in clerk’s office; ordinances to be furnished upon request.
1-1 How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of Ordinances of the City of Burlington, Vermont," and may be so cited.
(Rev. Ords. 1962, § 101)
1-2 Rules of construction.
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:
Aldermen. The word "aldermen" shall mean the board of aldermen of the City of Burlington (as defined in Section 36 of the City Charter) which, after May 11, 1990, is known as the city council (see "city council").
City. Whenever the word "city" is used it shall mean the City of Burlington, Vermont.
City council. The words "city council" shall mean:
(1) Before May 11, 1990, the legislative body of the city; the board of aldermen acting with the concurrence of the mayor;
(2) After May 11, 1990, the body formerly called the board of aldermen (see "aldermen").
City council with mayor presiding. After May 11, 1990, the "city council," when it sits with the mayor presiding and voting, is known as the "city council with mayor presiding."
Computation of time. When time is to be reckoned from a day, date, or an act done, such day, date, or day when such act is done shall not be included in the computation unless otherwise provided.
Corporate limits, corporation limits, city limits. Whenever the words "corporate limits," "corporation limits" or "city limits" are used, they shall mean the legal boundary of the City of Burlington.
Council. The word "council" shall mean the city council of the City of Burlington.
County. The words "the county" or "this county" shall mean the County of Chittenden in the State of Vermont.
Delegation of authority. Whenever a provision appears requiring the head of a department of the city to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section specifically designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, except as otherwise provided in this Code, the rules and regulations of the city council or the City Charter.
Keeper, proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Month. The word "month" shall mean a calendar month.
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the City of Burlington" were added.
Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing, and words importing the plural number may be applied as if singular.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
Personal property. The words "personal property" shall include every species of property except real property, as herein described.
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
Premises. Whenever the word "premises" is used, it shall mean place or places.
Property. The word "property" shall include real and personal property.
Public place. The words "public place" shall mean any park, cemetery, school yard or open space adjacent thereto, all streets and parking fields and all waterways.
Real property. The words "real property" shall include lands, tenements and hereditaments.
Residence. The word "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.
Seal. Whenever the word "seal" is used, it shall mean the city seal.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature, subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.
State. The words "the state" shall be construed to mean the State of Vermont.
Street. The word "street" shall include the entire width between property lines of every way used for vehicular and pedestrian travel which has become public by authority of the law, and such ways in public places other than highways as the public is permitted to use for vehicular and pedestrian traffic.
Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Week. The word "week" shall be construed to mean seven (7) days.
Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" shall mean a calendar year.
(Rev. Ords. 1962, §§ 151—154; Ord. of 8-13-90; Ord. of 10-25-10(1))
1-3 Scope and purpose of provisions.
The ordinances contained in this Code of Ordinances are intended to encompass and to promote the general health, welfare, peace, good order and morals of the community at large and said ordinances have been codified herein for the purpose of facilitating the enforcement thereof.
1-4 Ordinances repealed.
Subject to the limitations of section 1-5, all ordinances of the city heretofore in force are hereby repealed.
(Rev. Ords. 1962, § 101)
Charter reference—Mayor’s authority with regard to ordinances, §§ 45—47; power of city council to make, amend or repeal ordinances, § 49.
1-5 Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed, nor any right accrued or acquired.
(Rev. Ords. 1962, § 102)
1-6 Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
1-7 Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
1-8 Altering Code.
(a) It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Burlington to be misrepresented thereby.
(b) Any person, firm or corporation violating this section shall be punished as provided in section 1-9 hereof.
1-9 General penalty; continuing violations.
(a) Criminal violations. Except as otherwise expressly provided, however, whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be prosecuted as a criminal offense and shall be punished by a fine not less than fifty dollars ($50.00) and not exceeding five hundred dollars ($500.00). Each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate violation.
The court before which a conviction shall be had shall order any continuing violations to cease, to be removed, or to be abated. A person convicted may also be found liable for any damages sustained by the city or any other person as a direct result of the ordinance violation and may be ordered by the court after hearing to pay restitution as a part of the sentence.
(b) Civil offenses. Selected provisions of the Code of Ordinances have been specifically designated as carrying a civil penalty. Violations of such ordinances shall be enforced as provided by state law and as provided herein. Upon a determination that a civil ordinance violation has occurred, those municipal officials authorized by the city to enforce civil ordinance violations shall issue a "municipal complaint" in the form provided by the court at 24 V.S.A. § 1977. The municipal official issuing the complaint shall appear to represent the city in any contested case before the traffic and municipal ordinance bureau or other forum provided by law. Unless otherwise provided in this Code, the fine for a violation of an ordinance designated as a civil offense shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). The waiver penalty for purposes of the municipal complaint (civil ticket) shall be fifty dollars ($50.00) for each offense unless otherwise specifically provided in this Code.
(c) First offense civil, second offense criminal. Selected provisions of the Code of Ordinances have been specifically designated as carrying a civil penalty for a first offense in any six-month period and a criminal penalty for a second and subsequent offense in the same six-month period.
(1) First offense: A first offense by a person during any six-month period shall be deemed a civil ordinance violation and shall be punishable by a fine of from fifty dollars ($50.00) to five hundred dollars ($500.00). The waiver fine shall be fifty dollars ($50.00). Any law enforcement officer may issue a municipal complaint ticket for such offense.
(2) Second and subsequent offenses: A second offense of the same ordinance during a six-month period shall be deemed to be a criminal offense and shall be punishable by a fine from one hundred dollars ($100.00) to five hundred dollars ($500.00). Each subsequent offense of the same ordinance shall be deemed to be a criminal offense and shall be punishable by a fine of from two hundred dollars ($200.00) to five hundred dollars ($500.00).
(3) Intent of enforcement under section 1-9(c). It is the intent of this subsection to preserve the public health, safety and welfare by prohibiting and punishing repeated violations of these ordinances. To that end, the city attorney’s office will, in their discretion and when they deem it appropriate, explore all options available to the city, in addition to prosecution and as alternatives to prosecution, which will achieve the stated intent of this section.
(d) Issuance of ordinance violation ticket. Any law enforcement officer who cites an accused for violation of any city ordinance which is punishable as a criminal offense shall issue a "Notice of Ordinance Violation Ticket," unless instructed by the city attorney, an assistant city attorney or city grand juror to issue a standard district court citation.
The ticket shall be a citation to appear in district court as contemplated by V.R.Cr.P. 3 and shall contain the name of the accused, the ordinance(s) violated, the date and time to appear in district court, and any other information required by law for a valid citation.
The ticket shall also contain a "Notice of Ordinance Violation" section which shall allow and inform the accused of the following:
(1) The option for the accused to waive process and prosecution by paying a waiver fee of between fifty dollars ($50.00) and two hundred dollars ($200.00) for each count to the police department within seventy-two (72) hours of issuance.
(2) That upon full and timely payment of the waiver fee the accused shall not be required to appear in court and the citation portion of the ticket shall be null and void.
(3) That if the accused elects not to make full and timely payment of the waiver fee, he or she shall appear in court on the date and time indicated on the ticket for prosecution.
Should the waiver not be exercised and prosecution be had, this subsection in no way alters or pre-empts any fine, penalty or other remedy as provided by this ordinance.
(e) Public nuisances. Any property within the city found to be maintained in violation of any provisions of this code or which in any other way endangers the health, safety and welfare of the residents of the city is hereby declared to be a public nuisance and may be ordered abated in any manner provided by law.
(Ord. of 9-29-82; Ord. of 12-12-83; Ord. of 9-8-86; Ord. of 6-24-91; Ord. of 1-9-95; Ord. of 6-22-98; Ord. of 9-14-98)
Charter reference—Penalty for violating ordinances, § 50; city council authorized to provide penalties, § 53; liability of persons violating ordinances, § 54.
State law reference—Authority of municipality to provide for penalty for violation of any ordinance, 24 V.S.A. § 2291(15).
1-10 Prosecution where different penalties exist for same offense.
In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the city, the city attorney may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.
Charter reference—City attorney to prosecute violations of city ordinances, § 148; grand juror may prosecute violations in attorney’s absence or disability, § 151.
1-11 Disposition of fines and penalties.
All fines and penalties for the violation of any ordinance or the order of any board lawfully established thereunder, or the order of any person who has been given lawful authority to issue such order, or the order of the mayor or city council, shall, when recovered, inure to the city, and be paid into the city treasury, unless otherwise directed by the laws of the state or the ordinances of the city.
(Rev. Ords. 1962, § 202)
1-12 Copy of Code to be signed and kept in clerk’s office; ordinances to be furnished upon request.
(a) A copy of the Code of Ordinances shall be signed by the mayor and the city clerk, kept up-to-date by the city clerk and kept in the office of the city clerk subject to inspection by citizens.
(b) All ordinances hereafter enacted shall be published by the city clerk in a convenient form and in sufficient numbers to supply all persons who may reasonably desire them.
(Rev. Ords. 1962, § 103)
1-13 Supplementation of Code.
(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ____________ to ____________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
Editor’s note—Act No. 284, Acts of 1910, approved January 4, 1911, provides that the ordinances contained in any general revision of the ordinances of the city shall take effect upon passage by the city council without publication.
State law reference—Authority to adopt and amend ordinances, 24 V.S.A. § 1971 et seq.