ARTICLE I. IN GENERAL
27-1 "Street" defined.
As used in this chapter the word "street" shall include the entire width between property lines of every way used for vehicular traffic 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.
(Rev. Ords. 1962, § 1591)
Cross reference—Street defined, § 1-2.
27-2 Enclosing highway; erecting fence or encroachment; nuisance.
(a) No person shall enclose a part of the highway or street, or erect a fence, building or other encroachment, or make obstructions, or create a nuisance on a highway or street, or continue such enclosure, fence, building, encroachment or nuisance on a highway or street.
(b)(1) Whenever a utility pole is replaced with a new pole within a city right-of-way, all attached entities shall transfer their facilities to the new pole. A pole owning entity, within five (5) business days after setting a new or replacement pole, shall notify all attaching entities of the need to transfer. The Burlington electric department (BED) shall transfer its facilities within ninety (90) days of receiving the initial notification from the pole owning entity. Within five (5) business days after completing their transfer, BED shall notify the remaining attaching entities of the need to transfer. Upon receiving a notification to transfer, the non-pole owning entities, in descending order, shall each have forty-five (45) days to transfer their facilities, and shall within five (5) business days after completing their transfer notify all other attaching entities. The second pole owning entity shall transfer their facilities within ninety (90) days of receiving a notice to transfer from the immediately preceding entity. The pole owning entity responsible for the removal of the old pole shall do so within sixty (60) days after receiving notification that the last attaching entity has transferred.
Utility poles that have been replaced prior to the effective date of the ordinance codified in this section must have all attaching entities’ facilities transferred to the new pole and the poles removed by the pole owning entity within three (3) years of the effective date of the ordinance codified in this section.
Upon removal of any pole, the utility shall fill the hole so as to remove any hazard, in a manner that is consistent with local, state, and federal laws.
(2) A violation of subsection (b)(1) of this section shall be deemed a civil offense punishable by a civil penalty of five hundred dollars ($500.00). Each day that an old pole remains after the applicable removal period shall be deemed a separate violation. The waiver penalty for such offense for purposes of the municipal complaint form (civil ticket) shall be four hundred dollars ($400.00). All law enforcement officers are authorized to issue a municipal complaint form for a violation of subsection (b)(1) of this section.
(Rev. Ords. 1962, § 4209; Ord. of 12-17-07)
Charter reference—Power of city council to prevent encumbering streets, § 48(XVI).
27-3 Barbed wire fence or railing prohibited.
No person shall erect or maintain a barbed wire fence or railing upon the line of a sidewalk or street or in such proximity thereto as to be within reach of and dangerous to a passerby upon such street or sidewalk.
(Rev. Ords. 1962, § 4210)
27-4 Unnecessary interference with use of sidewalk.
No person shall unnecessarily occupy, obstruct or encumber, or cause to be unnecessarily occupied, obstructed or encumbered, a sidewalk so as to interfere with the convenient use of the same by the public.
(Rev. Ords. 1962, § 4211)
Charter reference—Power of city council to prevent encumbering sidewalks, § 48(XVI).
Cross reference—Riding bicycles on sidewalk restricted, § 6-3.
27-5 Parades and street events.
(a) Parade defined. A parade is any march, pageant, demonstration or procession of any kind in or upon any street, park or other outside public place in the city, except funeral processions organized by a licensed mortician.
Street event defined. A street event is any community function, ceremony, show, exhibition, display or celebration of any kind in or upon any street, park or other public place in the city. A block party that is confined to a city block and involves primarily the residents of that block shall be considered a street event.
(b) Permit required; grounds for refusal. No person shall engage in, participate in, form or start any parade or street event without a permit issued therefor by the chief of police or his or her designee. No permit shall be granted unless a request for such is made at least forty-eight (48) hours prior to its occurrence. A requested parade or street event permit may be refused by the police chief for any of the following reasons:
(1) Another public event requiring the presence of police officers has been previously scheduled for the time requested, and in the judgment of the chief of police additional officers could not be assigned to the requested parade or street event without endangering the public safety and welfare; or
(2) The parade or street event is requested for a time which would result in severe traffic congestion or interfere with the quiet of a neighborhood during normal sleeping hours. For purposes of this paragraph, the period between 7:00 a.m. and 8:30 a.m. and between 5:00 p.m. and 7:00 p.m. of any one day shall be regarded as periods of severe traffic congestion; and the period between 9:30 p.m. and 7:00 a.m. the following day shall be regarded as normal sleeping hours.
(3) A parade, or other event on Church Street between Main and Pearl Streets has previously been scheduled for the time requested and the chief of police determines, after consulting with the administrator of the Church Street Marketplace District, that the two (2) events cannot occur simultaneously without endangering public health, safety and welfare.
(4) Those requesting a permit for a block party have not presented a waiver form signed by at least three-quarters (¾) of block residents who thereby waive their right of normal access to the street for the period of the block party.
(c) Contents of permit; authority to issue for another time. Any permit issued pursuant to this section shall specify the time and place of such parade. If the permit is refused pursuant to this section, it shall be granted for any other requested time which does not violate this section.
(d) In addition, the following limitations on block parties may be incorporated as conditions of the permit:
(1) There shall be no more invited guests than the number of block residents in attendance.
(2) No alcohol shall be dispensed or consumed on public property.
(3) No live bands.
(4) Amplified sound to be controlled so as not to carry beyond the property lines of houses adjacent to the block where the party is being held.
(Rev. Ords. 1962, § 4221; 1969 Cum. Supp., §§ 4221, 4222; Ord. of 10-16-72; Ord. of 5-2-83; Ord. of 5-24-93)
27-6 Authority to close streets for parades and street events.
After consultation with the department of public works, the chief of police shall have the authority to close streets or portions of streets to vehicular traffic during and preparatory to any parade or street event.
(Rev. Ords. 1962, § 5362; Ord. of 5-24-93)
Cross reference—Power of fire chief to close streets during fire, § 13-32; authority to close streets to parking, § 20-63.
27-7 Disturbing monuments or markers prohibited.
No stone, post or other monument set by the city engineer to mark the location of any street line or grade shall be moved or in any other way disturbed, except by and under the direction of the city engineer, and any person who shall violate any of the provisions of this section shall be fined as provided by section 1-9 of this Code.
(Rev. Ords. 1962, § 4356)
27-8 Sprinkling salt in street.
No person shall sprinkle salt in a street except by permission of the superintendent of streets.
(Rev. Ords. 1962, § 4253)
27-9 Playing games in street, marketplace or public park.
No person shall play at ball or at any game of chance or skill upon a street or upon any portion of the Church Street Marketplace District without consent of the Marketplace Commission. Nor shall any person play at ball or at any game of chance or skill in a public park without the consent of the park commissioners.
(Rev. Ords. 1962, § 4256; Ord. of 10-11-94)
27-10 Injuring guidepost, guideboard, lamp, light, building, fence, post or sign in street, highway or public place.
No person shall injure, deface or destroy a guidepost, guideboard, lamp or electric light post or lamp or light thereon, or a building, fence, post or other thing, set, erected or made for the use or ornament of the city, nor shall any person move, mutilate or destroy, without the consent of the owners thereof, any sign, signpost, awning post, or other thing the private property of individuals, lawfully set, erected or placed in or upon a street, highway or public place.
(Rev. Ords. 1962, § 4258)
27-11 Wetting sidewalk; encumbering with hose.
Unless for municipal purposes and at the direction of a municipal officer, no person shall, between the hours of 8:00 a.m. and 9:00 p.m., sprinkle or otherwise wet the sidewalks, or encumber the same with hose or other material used in washing the windows of stores or other buildings abutting on the sidewalks, lying and being on either side of the following streets: Church Street between Pearl Street and Main Street, and Pearl Street, Cherry Street, Bank Street, College Street and Main Street between their respective intersections with St. Paul Street and South Winooski Avenue; and no person shall wet down a sidewalk in the city or use water in such a way that it shall come thereon at any time when water is likely to freeze.
(Rev. Ords. 1962, § 4259; Ord. of 5-2-83)
27-12 Books containing surveys, maps or profiles adopted as public records.
The books wherein are recorded the surveys of the streets and the books containing the maps or profiles of street grades are hereby adopted and accepted as the public books of record for that purpose.
(Rev. Ords. 1962, § 4351)
Cross reference—Public records generally, § 2-18 et seq.; city engineer to keep record of grades of streets, ways and sewers, § 2-41.
27-13 Street grades not to be altered without notice.
The grade of such streets, as may have been or shall hereafter be established by resolution adopted by the city council shall not be altered in any manner, until after notice of such intended alterations shall have been published in such newspaper or newspapers of the city as the city council shall direct at least three (3) weeks previous to any actions thereon.
(Rev. Ords. 1962, § 4352)
Charter reference—Power of city council to regulate and alter street grades, § 48(XXIX); power of city council to assess or award damages to abutting property owners for raising or lowering street surface, § 48(XXXVIII).
27-14 Sidewalks, curbs and gutters to conform to specifications.
All sidewalks, curbs and gutters shall conform to current specifications of the board of street commissioners, and shall be set on such grade as shall be adopted by the city council.
(Rev. Ords. 1962, § 4354)
Cross reference—City engineer to supervise curbing and guttering, § 2-40.
27-15 Cost of street improvements.
Whenever any street, lane or alley, or portion thereof, shall hereafter be graded, paved or macadamized and curbed and guttered on the petition of the owners of a majority of the frontage of the same, or without such petition, and the cost or expenses thereof shall be assessed upon the frontage under the provisions of the city charter, no subsequent assessment shall be made by the street commissioners under the provisions of the city charter of any subsequent improvement of the same character on such street or any portion thereof.
(Rev. Ords. 1962, § 4355)
Charter reference—Assessments for street improvements, §§ 264—267.
27-16 Curbing and guttering.
Whenever the city council shall order a street or portion thereof to be curbed and guttered, the superintendent of streets shall execute said order under the general direction of the street commissioners.
(Rev. Ords. 1962, § 4353)
27-17 Vehicles on sidewalks.
No motorized vehicle, except as provided by state or federal law, shall be driven, backed, led or allowed to stand on any sidewalk, except that wares or merchandise in process of loading or unloading may be transferred from trucks or other vehicles over the sidewalk by use of skids or other means; provided that a passageway is kept open for the free passage of pedestrians. Nothing contained in this section, nor section 6-3, shall prevent the riding or driving of vehicles from private property directly across the sidewalk or a bicycle and pedestrian pathway of any street to the roadway, or from the roadway back to such private property.
(Rev. Ords. 1962, § 5161; Ord. of 9-13-10)
Cross reference—Riding bicycles on sidewalks restricted, § 6-3.
27-18 Operation of non-motorized vehicles.
(a) Definition. For the purpose of this section, non-motorized vehicles shall be defined as any device not powered by a motor, used for propelling or transporting one (1) or more persons, including, but not limited to, skateboards, in line skates, scooters, and roller skates. This definition shall not include bicycles.
(b) Prohibited. It shall be unlawful and shall be a trespass for any person to operate any non-motorized vehicle upon any sidewalk or within any public parking facility in the City Center (bounded by the centerlines of Pearl Street, South Winooski Avenue, Main Street, and St. Paul Street), within City Hall Park, or upon the streets and sidewalks within the Church Street Marketplace District as defined in section 321 of the Burlington City Charter, excepting the traveled portions where vehicular traffic is regularly permitted of College, Bank and Cherry streets, unless the chief of police or his or her designee shall have designated such sidewalk or portion of the Church Street Marketplace District as one where the use of a non-motorized vehicle is permitted. If and when the chief of police or his or her designee makes such a designation, appropriate signs shall be posted to clearly identify the designated area.
(c) Enforcement:
(1) First offense. A first offense of any provision of this section by a person during any twelve-month period shall be deemed a civil ordinance violation of and shall be enforced pursuant to section 27-21
(2) Second offense. In addition to any civil penalties provided for in section 27-21, a law enforcement officer apprehending a person for a second or subsequent violation of this section during any twelve-month period may impound the non-motorized vehicle.
(3) Impoundment. Any non-motorized vehicle impounded for a violation of this section shall be impounded until lawfully claimed by the person named in the municipal complaint, whether owner or operator, or disposed of in accordance with subsection (c) below. Any impounded non-motorized vehicle may be claimed according to either of the following provisions:
a. The police department shall release the non-motorized vehicle to the owner or operator after proof of payment of either the waiver fine as specified in section 27-21 or the judgment fine.
b. The police department shall release the non-motorized vehicle to the owner or operator upon notice from the Vermont Traffic and Municipal Ordinance Bureau that a judgment has been entered in favor of the defendant for the violation that resulted in the impoundment.
c. If the person named in the municipal complaint chooses to appeal the civil penalty to the Vermont Traffic and Municipal Ordinance Bureau, the police department shall release the vehicle after payment of a provisional fine of fifty dollars ($50.00), payable to the police department. If the person named in the municipal complaint prevails in the appeal, the provisional fine shall be returned upon request. If the city prevails in the appeal, the fine shall be forwarded to the Vermont Traffic and Municipal Ordinance Bureau in total or partial satisfaction of the judgment.
(d) Disposition of unclaimed vehicles. non-motorized vehicles impounded pursuant to this section shall remain in the custody of the police department for a minimum of sixty (60) days from the date that judgment is entered for the violation which resulted in the impoundment. Non-motorized vehicles not claimed within sixty (60) days shall be considered unclaimed property and may be disposed of pursuant to section 21-2
(Ord. of 6-14-82; Ord. of 4-16-90; Ord. of 5-20-96; Ord. of 6-22-98; Ord. of 7-12-04, eff. 8-11-04; Ord. of 9-13-10)
27-19 Use of non-motorized vehicles on the public right-of-way.
Persons operating a non-motorized vehicle, defined in section 27-18 above, within the public right-of-way shall comply with all relevant traffic regulations and shall operate any such vehicle in a safe manner.
(Ord. of 4-16-90; Ord. of 9-13-10)
27-20 Establishment of pedestrian way on Church Street Marketplace.
(a) Intent. This section is enacted to protect the public safety and to provide for unencumbered passage for pedestrians and disabled citizens on the Church Street Marketplace and to promote the economic vitality of the downtown area.
(b) Establishment of pedestrian way. An area of nine (9) feet on each side of the Church Street Marketplace is hereby established as a pedestrian way. This area shall be used exclusively for pedestrian passage. For purposes of this section, the use of wheelchairs and motorized carts by disabled citizens shall be considered a pedestrian use. The pedestrian way shall extend nine (9) feet out from the building. The Church Street Marketplace, for purposes of this section, shall be defined as Church Street from Main Street to Pearl Street and shall also extend into the alleyway from Church Street to the Marketplace parking garage.
(c) Prohibition. No person, after notice from a law enforcement officer of this prohibition, shall continue to sit, lie down or otherwise block in any way the free flow of pedestrian traffic within this designated pedestrian way. It shall also be prohibited to place any encumbrance in the pedestrian way including, but not limited to, sandwich board signs or other types of advertising.
(d) Exception. Encumbrances within the pedestrian way that are currently licensed and authorized by the city may continue in effect until the expiration of the current licensing period. Thereafter, variances from this section shall be granted by the city council only upon recommendation from the Marketplace Commission and after a finding of special circumstances by the council.
(e) Penalty. A violation of this section shall be a civil offense and shall be punishable as provided in section 1-9
(Ord. of 10-11-94; Ord. of 2-13-95)
27-21 Penalty.
A violation of any provision of articles I, III, IV and V of this chapter shall be a civil offense punishable by a civil penalty of from fifty dollars ($50.00) to five hundred dollars ($500.00). The waiver penalty for purposes of the municipal complaint (civil ticket) shall be equal to the waiver penalty established pursuant to 4 V.S.A. § 1102(d) for violations of Subchapter 12 of Chapter 13 of Title 23 for each offense. Each day the violation continues shall be a separate offense. All law enforcement officers are authorized to issue a municipal complaint for a violation of this chapter.
(Ord. of 1-9-95; Ord. of 9-13-10)
Editor’s note—An ordinance of Jan. 9, 1975, amended Ch. 27 by adding provisions designated as § 27-20. Inasmuch as Ch. 27 already contained provisions designated as § 27-20, the editor has redesignated the new provisions as § 27-21.