ARTICLE I. IN GENERAL
17-1 Orders of health officer.
An order of the health officer, made in connection with the duties of his office, shall specify the time within which the same is required to be executed and shall be served upon the person to whom the order is directed in the same manner as provided by law for the service of a writ of summons or be served by United States registered mail sent to the owner of real estate affected by such order. The address of the owner shall be deemed to be the address shown on the tax records of the city.
(Rev. Ords. 1962, § 2609; 1969 Cum. Supp., § 2609)
Charter reference—Powers and duties of health officer, § 282.
State law reference—Authority to appoint health officer, 18 V.S.A. § 601.
17-2 Doing of work by health officer.
If a person shall neglect or refuse to obey a lawful order of the health officer properly served upon him, the health officer in his discretion may, after the expiration of the time specified therein, do the work required by the order, and the expense thereof with full costs may be recovered of the person so neglecting or refusing, by a suit in the name of the city; but after the health officer shall commence the work required by the order, such person shall not be liable to a further increase of the penalty provided in section 17-4.
(Rev. Ords. 1962, § 2611)
17-3 Report of violations.
It shall be the duty of the health officer to report to the city attorney for prosecution any violation of the health regulations of this city.
(Rev. Ords. 1962, § 2612)
17-4 Penalties.
Any person who disobeys a lawful order of the health officer after the same has been served upon him by neglecting or refusing to obey such order within the time specified therein shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed two hundred dollars ($200.00).
(Rev. Ords. 1962, § 2610; Ord. of 12-9-74; Ord. of 4-10-75)
17-5 Sale of fruit or merchandise in street or other public place restricted.
No person shall place or keep a table, stall, booth or other stand in a street or public place or on any square or sidewalk for the sale of fruit, merchandise or any other commodity without first obtaining permission from the city council.
(Rev. Ords. 1962, § 4257)
17-6 Food to be covered and protected from dirt, dust and insects.
(a) No person shall convey through any street or expose in front of any store or other place, meat, fowl or fish intended for human consumption, unless the same is so covered that it cannot be contaminated by flies, dust, mud or filth.
(b) No person shall expose fruits, vegetables or other foodstuffs intended for human consumption outside of stores, markets or places of sale, unless the contents of the stand or container are protected from flies and dust and unless the bottom of the stand or container is at least two (2) feet above the ground.
(c) No person shall expose or sell, or offer for sale for human consumption, any breadstuffs, cake, pastry, candy, confectionery, dried fruit or shelled nuts outside or inside of any building or in any open window or doorway, or any alley, street, sidewalk or thoroughfare, unless such food is properly protected from insects, dust, dirt or any other foreign or unwholesome material by suitable coverings.
(Rev. Ords. 1962, § 2651)
Charter reference—Power of city council to regulate exposure of food, § 48(XLVIII).
17-7 License for sale or delivery of milk.
(a) Required. No person shall sell or deliver any milk, cream or milk products within the city to be used by the inhabitants thereof, unless licensed to do so by the board of health in accordance with the provisions of this section.
(b) Milk producer license. No license shall be issued for the sale of any milk, cream or milk products produced from any dairy or dairy farm, unless the owner or person in control of the cows in such dairy or dairy farm has first obtained from the board of health a milk producer license, authorizing the sale within the city by duly licensed milk distributors of milk, cream and milk products from such dairy or dairy farm. All producer licenses shall be issued without charge, but shall not be issued until fifteen (15) days after written application therefor to the board of health, and shall expire on the thirty-first day of May next following their issue.
(c) Distributor’s license. The fee for a milk distributor’s license shall be twenty-five dollars ($25.00) for each year or fractional part thereof, and for an incidental retail milk distributor’s license, five dollars ($5.00) for each year or fractional part thereof. Written applications for licenses shall be filed with the milk inspector on or before the fifteenth day of May in each year by all persons then engaged in such business, and the required fee shall be deposited with the application. Written applications by persons beginning such business after the fifteenth day of May shall be made at least thirty (30) days before such license is granted. All licenses shall expire on the last day of May of the year following their issuance. Each milk distributor’s license shall state the dairy or dairy farm from which the licensee is authorized to sell or supply milk, cream or milk products under this section, and no such licensee shall sell or supply milk or cream within the city, produced from any dairy or dairy farms not specified in his license. The board of health may issue from time to time to such licensee an additional license to sell or supply milk, cream and milk products from any dairy not specified in his license, upon the terms and conditions required by this section, but no fee shall be charged for such additional license. No license fee or tax shall be required of a person selling or supplying milk, cream and milk products in the city only to licensed milk distributors who sell the same at retail.
(d) Suspension of license. The milk inspector may temporarily suspend the license and exclude the product of any producer, distributor or processor of milk or milk products whenever he deems it necessary for the public good. Whenever a license is suspended or a product is excluded, the inspector shall furnish in writing to the holder of said license the reasons for suspension or exclusion.
(e) Reasons for suspension to be furnished. Whenever any license is suspended or revoked, the board of health shall furnish in writing to the holder of said license the reasons for such suspension or revocation.
(Rev. Ords. 1962, § 2702)
Charter reference—Authority to regulate sale of milk, § 281; authority to require license for sale of milk, § 283.
17-8 Smoking in places of public access, places with liquor licenses and workplaces.
(a) Purpose. The purpose of this section is to protect the public health, safety, and welfare by generally prohibiting smoking in places of public access, places with liquor licenses, and places of work, and fixing the requirements of property owners and persons with tobacco products in this regard.
(b) Definitions.
(1) "Tobacco products" mean cigarettes, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, Cavendish, plug and twist tobacco, fine cut and other chewing tobacco, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco prepared in a manner suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.
(2) "A place of public access" means any indoor or partially enclosed place of education, government, social services, professional services, athletic activity, business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which the general public has access or which the general public uses, including buildings, offices, means of transportation, common carrier waiting rooms, arcades, restaurants, bars and cabarets, retail stores, grocery stores, libraries, theatres, concert halls, auditoriums, arenas, barber shops, hair salons, laundromats, shopping malls, museums, art and science galleries, sports and fitness facilities, planetariums, historical sites, and common areas of nursing homes, hospitals, resorts, hotels and motels, including the lobbies, hallways, elevators, restaurants, restrooms and cafeterias.
(3) "Workplace" shall mean an enclosed structure where employees perform services for an employer or, in the case of an employer who assigns employees to departments, divisions or similar organizational units, the enclosed portion of a structure where the unit to which the employee is assigned is located.
(4) "Places with liquor licenses" shall mean any inside space and partially enclosed space covered by a license to sell alcoholic beverages including without limitation a special events or festival permit issued pursuant to Title 7 of the Vermont Statutes Annotated.
(5) "Smoking area" means a separately enclosed and ventilated area that employees are not required to visit on a regular basis where smoking is permitted pursuant to a policy established under 18 V.S.A. Chapter 28, Subchapter 2.
(6) "Partially enclosed" means any place which is:
(A) Covered by a roof or ceiling of any material, but excluding umbrellas.
(c) [Prohibited.] Except as otherwise provided herein, smoking in places of public access, workplaces and places with liquor licenses prohibited. The possession of lighted tobacco products in any form is prohibited in indoor and partially enclosed (1) places of public access, (2) places with liquor licenses and (3) all workplaces.
(d) Exceptions. The restrictions in this section on possession of lighted tobacco products in places with liquor licenses and workplaces shall not apply to:
(1) Reserved.
(2) Separately enclosed and ventilated workplace smoking areas implemented pursuant to 18 V.S.A. Chapter 28, Subchapter 2; and
(3) Areas not commonly open to the public of owner-operated businesses with no employees.
(e) Posting; supervision. Any person or employer who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions contained in this section shall have the responsibility of properly posting and maintaining "No Smoking" signs or the international "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it) clearly and conspicuously throughout the premises. The color of such signs, when not of the international type, shall have lettering that is distinct, contrasting to the background and easily read.
(f) Enforcement.
(1) Any person or employer who controls the use of any premises subject to the restrictions contained in this section who observes a person in possession of lighted tobacco products in apparent violation of this section shall ask the person to extinguish all lighted tobacco products. If the person persists in the possession of lighted tobacco products, the person or employer who controls the use of the premises shall ask the person to leave the premises and shall call the police if the person refuses.
(2) It shall also be a separate and distinct violation for a person in possession of lighted tobacco products in violation of this chapter to:
(A) Refuse a request to extinguish such a product by a person or employer who controls the use of the premises; or
(B) Refuse to leave the premises after being directed to do so by a person or employee who controls the use of the premises.
(3) Any person or employer who controls the use of any premises subject to the restrictions continued in this section who fails to fulfill the requirements of subsection (e) or subsection (f)(1) shall also be in violation of this section.
(4) Any person convicted of a violation or violations of this section shall be subject to a civil penalty, the fine for which shall be no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00), with a waiver penalty of fifty dollars ($50.00), for each such violation.
(5) All municipal officials duly authorized to issue Vermont Municipal Complaints are authorized to issue complaints for violations of this section.
(Ord. of 2-23-87; Ord. of 4-6-05)
17-8A Smoking prohibitions at city parks.
(a) Purpose. The purpose of this section is to protect the public health, safety, and welfare by prohibiting smoking in city parks where people congregate and assemble for recreation, leisure and other purposes.
(b) Definitions.
(1) "Tobacco products" and "tobacco substitutes" shall have the meaning given in 7 V.S.A. § 1001.
(2) "Smoking" shall mean possession of products that produce secondhand smoke or use of a tobacco substitute.
(3) "Parks" shall mean all parks and beaches within the city limits as enumerated under Section 22-1 as well as community gardens, recreational facilities and property managed by the department of parks and recreation for public recreation.
(c) Prohibited. Except as otherwise provided herein, smoking is prohibited at all parks. Additionally, the director of parks and recreation shall designate specific areas within Oakledge, Waterfront, Battery, North Beach and Leddy Parks where smoking shall be permitted.
(d) Posting; supervision. The city shall properly post and maintain "No Smoking" signs or the international "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it) clearly and conspicuously throughout parks with smoking allowed signs within the designated smoking areas. The color of such signs, when not of the international type, shall have lettering that is distinct, contrasting to the background and easily read. These signs shall be placed so as to inform but not detract from the designated smoking areas.
(e) Enforcement.
(1) Any person convicted of a violation or violations of this section shall be subject to a civil penalty, the fine for which shall be no less than fifty dollars ($50.00) and no more than two hundred dollars ($200.00), with a waiver penalty of fifty dollars ($50.00), for each such violation.
(2) All municipal officials duly authorized to issue Vermont Municipal Complaints are authorized to issue complaints for violations of this section.
(Ord. of 3-22-10(1); Ord. of 2-6-17)
17-8B Smoking in outdoor places prohibited.
(a) Purpose. The purpose of this section is to protect the health of residents and visitors by limiting and eliminating exposure to secondhand smoke in outdoor places.
(b) Definitions.
(1) "Tobacco products" and "Tobacco substitute" shall have the meanings given in 7 V.S.A. § 1001.
(2) "Smoking" shall mean possession of lighted tobacco products or possession and use of tobacco substitutes.
(c) Prohibited activity. Smoking shall be prohibited outdoors in the Church Street Marketplace District which includes all of Church Street and the properties which have frontage thereon, bounded on the north by the northernmost property line of properties bounded by Church and Pearl Streets, and bounded on the south by the southernmost property lines of properties at the northern corners of the Church and Main Street intersection, and more precisely shown on a plan entitled "Church Street Marketplace District" recorded with the chief administrative officer of the City of Burlington on June 27, 1979.
(d) Exceptions. The prohibition of smoking within the area designated for no smoking shall not apply to:
(1) Private property.
(e) Posting; supervision. The city shall properly post and maintain "No Smoking" signs or the international "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it) clearly and conspicuously throughout the designated smoke-free areas. The color of such signs, when not of the international type, shall have lettering that is distinct, contrasting to the background and easily read. These signs shall be placed so as to inform but not detract from the designated smoke-free areas.
(f) Enforcement. Any law enforcement officer may enforce the provisions of this section. Prior to the issuance of a Vermont Municipal Complaint, a law enforcement officer shall warn the person to be issued of the prohibition and ask the person to cease smoking. The failure to immediately stop smoking in the prohibited smoking area after such warning shall be a civil ordinance violation punishable by a penalty of fifty dollars ($50.00), the waiver penalty for which shall be fifty dollars ($50.00). Law enforcement officers do not need to issue additional warnings to any person who has been previously warned of the prohibitions in this section and a person so previously warned who engages in the activity prohibited by this section shall be in violation of the section, subject to a civil ordinance penalty of one hundred dollars ($100.00), the waiver penalty for which shall be fifty dollars ($50.00).
(Ord. of 11-10-14)
17-9 Notification and posting of turf grass and landscape pesticide application.
(a) Policy. It is the policy of the city to take note of and respond to continuing concerns about health effects from toxic chemicals. Toxic chemicals classified as pesticides are designed to kill a variety of plants and animals; relatively little is known about their long-term effects upon humans and the environment. In light of this uncertainty, the city considers all pesticides detrimental to human health unless proven otherwise. In order to prevent unnecessary exposure to such chemicals, the city council, upon recommendation from the board of health, has enacted the following provisions.
(b) Definitions. As used in this section, the following terms are defined below:
Application of a pesticide: The placement for effect of any pesticide at or on the site where pest control or other response is desired.
Commercial applicator: Any person, certified or not, who uses or applies pesticides in the course of employment.
Landscape plants: Any ornamental and flowering shrubs and plants, shade trees, or plants designed and/or considered to add to the aesthetic environment.
Pesticide: Any substance produced or distributed for preventing, destroying or repelling any insects, weeds, rodents, fungi, nematodes, mites, spiders or other forms of plant or animal life or viruses (i.e., any herbicide, insecticide, fungicide, acaricide, nematicide or rodenticide) except viruses on or in living humans or other animals. This includes any fertilizer mixture which contains pesticides within it.
Resident: Any person who owns or manages the private property on which pesticides are applied.
Tributaries of Lake Champlain: Those streams and/or drainage systems that flow during the spring and early summer including the following:
(1) Winooski River;
(2) Centennial (Muddy Brook): being three (3) branches running north and east from the area of Bilodeau Court and the border with South Burlington, joining below UVM’s retention pond, and then under Grove Street to the Winooski River;
(3) Englesby Ravine: beginning east of UVM’s Redstone Campus and running south and west through the "Hill Section," and then under Shelburne and Pine Streets to Lake Champlain;
(4) The stream running westerly from North Avenue, bordered on the south by Little Eagle Bay and on the north by Lakewood Estates, and into Lake Champlain;
(5) Appletree Point Stream: being two (2) branches running south from Appletree Point Lane into Lake Champlain;
(6) North Beach Stream: beginning south of Institute Road running south to Lake Champlain:
(7) Intervale: being the area bounded by the "Northern Connector," the Winooski River and the railroad right-of-way;
(8) Reeves Brook: beginning at Trinity College running north to Reeves Pond (at Riverwatch) then under Riverside Ave. to the Winooski River.
Turf grass: A covering of mowed vegetation growing together with an upper soil stratum of intermingled roots and stems.
(c) Commercial applicators contract requirements. No outdoor application of pesticides to turf grass or landscape plants shall be made on single-or multifamily residential properties, nor on public or private nonresidential properties, including, but not limited to, athletic fields, schoolyards, university greens, corporate lawns, parks and cemeteries, without the following provisions having been met:
(1) Prior to initial application by a commercial applicator, the applicator or her/his employer must enter into a written contract with the customer specifying the approximate date(s) of application(s), the number of applications and the posting required by this section.
(2) With the written contract, the applicator or her/his employer must provide the customer with the following information, in writing:
a. A list of the pesticide(s) to be applied, including brand and chemical names;
b. Label warnings from all the listed pesticides;
c. Name, address and phone number of the company or non-commercial facility providing service;
d. EPA registration number(s) and if applicable applicator(s) certification number(s);
e. Current fact sheets approved by the Burlington Board of Health that include relevant information from the Environmental Protection Agency (EPA) and/or the Government Accounting Office (GAO) and/or Material Safety Data Sheet(s) (MSDS) that identify potential health and environmental hazards.
(d) Posting and notification:
(1) Before beginning each application, the applicator(s) shall post signs on the treated property at intervals no greater than one hundred (100) feet along all public and private rights-of-way. All properties, regardless of size, must post a minimum of two (2) signs at conspicuous points of access to the property. The specifications of the sign shall be as follows:
a. Shall be at least four (4) Зfive (5) inches, of sturdy, weather-resistant material;
b. Shall be with contrasting colors using the indicated point type size;
c. Shall display the following warning on the front of the sign:
CAUTION
PESTICIDE APPLICATION
CAUTION
KEEP OFF
WHILE POSTED
CUSTOMER:
PLEASE REMOVE
AFTER 24 HOURS.
Both the fluorescent green symbol commonly known as "Mr. Yuk" and the international slash in a circle superimposed upon representational figures of an adult, child and dog as well as instructions that signs must remain posted for at least twenty-four (24) hours;
d. Shall be posted at least twelve (12) inches above the ground;
e. Shall contain the date and time of application on the back of the sign;
f. The back of the sign shall contain the emergency numbers for poison control and 911, the city health officer’s number for complaints, the brand or chemical name and concentration, and the name of the applicator’s company.
(2) All commercial outdoor pesticide applicators and all private outdoor applicators applying pesticides on an area greater than two hundred (200) square feet per property within the span of one year must give occupants of treated property and occupants of any adjacent property notice of any pesticide application(s). The notice may be distributed up to ten (10) days but not less than twenty-four (24) hours in advance of the application. The notice shall indicate when the pesticide shall be applied, which shall be within a five-business-day timeframe set forth in the notice. This written notice, approved by the board of health, must include the same information described in subsection (c)(2). The two hundred (200) square foot exemption applies only to ground applications; any application to trees and shrubs requires both prenotification and posting as described. Any property with more than twenty (20) units, or any property required to notify residents of more than twenty (20) adjacent properties, has the option of proposing a notification plan, in lieu of individual notification, to the board of health for approval.
(3) Fenced, private nonresidential properties shall post written notices as described below in visitor reception areas and at all employee entrances.
a. The written notice shall contain information as specified under subsection (c)(2) as well as the specific location where each pesticide is to be applied.
b. The notices shall be posted at least twenty-four (24) hours prior to application and shall remain in place for at least twenty-four (24) hours after application.
c. Upon request, copies of any or all material listed under subsection (c)(2) shall be made available to any visitor or employee.
d. All adjacent property owners must be notified by the grounds superintendent or equivalent at least twenty-four (24) hours prior to pesticide application. Copies of all materials listed under subsection (c)(2) must be provided to all adjacent property owners.
(4) Pesticide applications made on golf course turf grass or landscape plants shall require posting of a written notice on the clubhouse bulletin board, in all locker rooms, and on the first and tenth tee. This notice shall be posted by the course superintendent or his/her designee.
a. The written notice shall contain information specified in subsection (c)(2) and shall include the specific location and number of each fairway, green, tee, driving area, etc., where pesticide is to be applied.
b. The notice shall be posted at least twenty-four (24) hours prior to application and must remain posted at all designated places for at least twenty-four (24) hours after application. Copies of the posted material shall be made available to any individual using or employed by the facility.
c. The golf course superintendent shall notify all adjacent property owners of her/his intent to apply pesticides at least twenty-four (24) hours prior to application. The superintendent shall provide all materials listed in subsection (c)(2) to all adjacent property owners.
(5) This regulation requires that those responsible for rights-of-way and utility applications of pesticides post described signs or submit an alternative posting plan to the board of health for its approval.
(6) No pesticides may be applied outdoors within five hundred (500) feet of Lake Champlain or any of its tributaries without specific approval from the board of health. Criteria for this approval are defined by the board of health’s statutory authority to protect public health.
(7) No licensed child care center, registered day care home, preschool, primary or secondary school (K—12) may use any turf grass or landscape pesticide on its grounds without specific approval from the board of health.
(e) Records. Each applicator shall keep written records of the parties who have been notified pursuant to subsections (c) and (d) of this section. Such records shall be made available to the board of health upon request by the board or by the office of the city attorney.
(f) Sign requirements and enforcement:
(1) The department of public works (DPW) shall have signs available to applicators that meet the notification and posting requirements of this section. DPW may charge a fee for the issuance of the signs to cover its administrative costs. No fee shall be assessed against any city department.
(2) The applicator shall be the individual responsible for correctly posting the signs in accordance with the requirements of subsection (d) of this section.
(3) a. First offense. A first offense of any provision of this section during any twenty-four-month period shall be a civil ordinance violation punishable by a penalty of a minimum fine of two hundred dollars ($200.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty for a first offense shall be a fine of two hundred dollars ($200.00).
b. Second offenses. A second offense during a twenty-four (24) month period shall be a civil offense and shall be punishable by a fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of three hundred dollars ($300.00).
c. The third and any subsequent offense within a twenty-four (24) month period shall be a criminal offense punishable by a fine of five hundred dollars ($500.00).
d. Any law enforcement or code enforcement officer may issue a municipal complaint ticket or criminal citation for offenses of this section.
(Ord. of 6-22-92; Ord. of 2-20-96; Ord. of 2-19-08(2), eff. 4-9-08)