APPENDIX D
RULES AND REGULATIONS OF THE BURLINGTON PARKS AND RECREATION DEPARTMENT

1 Park reservation and special use policy.

(A) General Statement: The department of parks and recreation will make park properties and facilities available to the public on a first-come-first-served basis. Certain areas and facilities may be available for special use on a reservable and exclusive-use basis. Special use of areas and facilities must be compatible with the department’s overall policy of appropriate and equitable use and wise land management. Specific policies and regulations have been developed as detailed in subsections (C) through (I), which cover many of these special uses. Any request for park use which is not detailed in subsections (C) through (I) must be submitted to the board of parks and recreation commissioners for consideration.

The policies and procedures for park special use and required permits as stated herein are exclusive of contractual agreements in excess of four (4) days which are generally associated with seasonal concessionaires and the operation of the Gordon H. Paquette Municipal Arena and the North Beach Campground.

(B) Objectives: The objectives of the park reservation and special use policy as detailed herein is to define the purpose for which park areas and facilities may be used, appropriateness and conditions of use, scheduling requirements and priorities, permit requirements and applicable charges for services and facilities provided by the department.

(1) Standard form—Park special use permit;

(2) Approved schedules submitted by recognized youth or adult sports leagues, Burlington City governmental divisions or recognized annual concert series.

(3) Contract agreement.

(4) Park entertainer’s license.

(D) Conditions Requiring Park Special Use Permits: A park special use permit is required if one or more of the following conditions exist.

(1) A group of individuals of twenty (20) or more who use a park area or facility.

(2) Reservation and exclusive use of a park area or facility for a specific time and date or on a continued scheduled basis.

(3) Use of park area or facility for an event open to the public.

(4) Use of park area or facility for commercial or fund-raising purposes, including, but not limited to, the sale of goods and services, solicitation of monies, sale of tickets or games of chance, and the use of park areas or properties to conduct an activity where the exchange of money for a product or service does not occur directly in the park, such as mass media advertising or photography.

(5) The conduction of a sports tournament or event where individuals or teams are charged a fee to participate or spectate.

(6) Use of park area for park entertainers where donations may or may not be solicited.

(E) Rules and Regulations Concerning Park Special Use Permits:

(1) Park special use permits will be issued to responsible persons eighteen (18) years of age or older.

(2) Persons representing organizations, institutions or businesses must be an authorized representative and accountable for any personal or property damage arising from the activities of the group and for the conduct of those in the group.

(3) Payments associated with standard form park special use permits must be made at the time the permit is issued.

(4) Standard form park special use permits must be picked up at least twenty-four (24) hours before the scheduled use. Permits associated with Saturday and Sunday use must be picked up by 12:00 noon of the preceding Friday. Permits not picked up prior to established deadlines will be voided upon department discretion.

(5) Park reservations and permits may be canceled by the applicant forty-eight (48) hours prior to scheduled use without liability. The department will issue cancellation notices as far in advance as possible, but reserves the right to cancel at any time as deemed necessary.

(6) Permits may be canceled by authorized department personnel or the chief and tour commander of the police department at the time of the reservation if the conditions and intent of the permit is violated or if the permit holders violate any park rule or regulation, park or city ordinance, Vermont state or federal law.

(7) Upon cancellation of a permit as a result of a violation of the permit agreement or violation of park regulations, park or city ordinances, Vermont state or federal law, the park area and/or facilities will be vacated by the group as stated on the permit and the area/facility will revert to use on a first-come-first-served basis until such time as a succeeding permit comes into effect.

(8) No tickets are to be sold or admission charged, donations or other money-raising methods conducted except as expressly approved by the board of parks and recreation commissioners or authorized designee.

(9) No group shall conduct any activity causing undue additional work for the department unless a previous agreement has been made for reimbursement.

(10) Permits are not transferrable to another individual or group.

(11) Request for park special use requiring department approval may be made in person, by telephone or in writing. Request for park special use requiring approval by the board of parks and recreation commissioners must be submitted in writing.

(12) Individuals or groups engaging in the sale of items intended for consumption or sponsoring an athletic event where participants are charged a fee must provide proof of a comprehensive liability policy protecting themselves and the City of Burlington, as an additional insured, from loss or liability arising out of their sponsored activities. The limits of such policy shall be no less than three hundred thousand dollars ($300,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence.

(13) Licenses:

Individual license: Each individual applying for a parks entertainer’s license shall be granted such a license after paying the appropriate fee and providing the following information to the parks commission: 1) individual’s name, address, and telephone number; and 2) a recent picture of the individual showing the head and shoulders in a clear and distinguishable manner. The parks division office will take the photo if necessary for one dollars and twenty-five cents ($1.25).

If an entertainer is unable (due to special circumstances) to come to the office that person may apply by mail. This license allows a person to perform. It is not an employment contract.

Group license: If two (2) or more street entertainers are performing as a group, one license, listing each member of the group, may be issued after paying the appropriate fee and providing the following information to the parks commission: 1) individual’s names, addresses and telephone numbers; and 2) a recent picture of the individuals showing their heads and shoulders in a clear and distinguishable manner. The parks division office will take the photo, if necessary, for one dollar and twenty-five cents ($1.25).

If an entertainer is unable (due to special circumstances) to come to the office, that person may apply by mail.

Annual license: An annual license may be issued to an entertainer or group if 1) at least five (5) daily/weekend licenses have been obtained; and 2) no valid complaints have been filed during the five (5) separate performing dates. (A valid complaint is defined as one which relates to violations of the rules and regulations set forth in these guidelines).

Minors: Any person under the age of eighteen (18) must have a parent or guardian present when applying for a license. The parent or guardian must provide a written statement 1) assuming full responsibility for the minor’s performance; and 2) agreeing to hold and save harmless the City of Burlington Parks and Recreation Department, its agents, employees, and offices, harmless for any and all liability arising out of or in connection with the minor’s performance.

Display of license: Parks entertainers must display their licenses while they are performing. If they do not, it will be assumed that the person is not licensed and the police or staff will ask the person to cease performing.

Signing of license: By signing the license, the licensee acknowledges understanding that:

1) They are conversant with these rules and regulations and with any city ordinances that may govern park entertainers.

2) Having a parks entertainer’s license in no way protects them from the enforcement of any such relevant rule, regulation or ordinance of the city or state;

3) The right to act as a park entertainer in the parks is a privilege; and

4) His or her activities as a park entertainer must not constitute a nuisance.

Annual license renewal: Licensees are responsible for renewing their licenses. Conditions of renewing the annual licenses are:

1) Park entertainers have notified the parks and recreation department of any change of address during the previous year;

2) No valid complaints have been filed against the entertainer during the previous season; and

3) The entertainer/group has applied in person for the renewal of the annual license.

Park entertainers, who have not met the requirements for renewal of an annual license, may begin the process to receive an annual license which is outlined above.


Fees:
Daily licenses (individual/group)	$ 5.00
Annual licenses (individual/group)	25.00

Locations: The Burlington City ordinances allow no more than two (2) parks entertainment acts in the following parks at any time. These parks are North Beach, Leddy, City Hall, Perkins Pier, Waterfront and Oakledge. For the purpose of site selection, a group shall be considered as one entertainment act. These licenses shall be granted on a first come first serve basis. Further guidelines established by the parks commission are as follows:

1) Entertainers are excluded from performing at the Burlington Community Boathouse and the College Street Pier.

Entertainers must observe a 150-foot buffer from the upper and lower shelters at Oakledge Park.

Entertainers must observe a 150-foot buffer from the North Beach Bathhouse.

Entertainers must observe a 100-foot buffer from the Bandshell at Battery Park.

Entertainers must observe a 50-foot buffer around any buildings at City Hall Park.

Entertainers must observe a 50-foot buffer around any docks or buildings at Perkins Pier.

Entertainers must observe a 50-foot buffer around any tennis courts or buildings at Leddy Park.

2) There may be only two (2) park entertainment acts per park. Park entertainers shall be responsible for selecting sites in the parks within the above-noted guidelines. Further restrictions may apply.

3) Park entertainers share responsibility for maintaining clear pathways to adjacent businesses, vending operations and through the pedestrian right-of-way.

4) Park entertainers may not use park benches while performing.

5) Entertainers will be restricted to certain locations during park special events.

Performance time: The park entertainers may perform only from 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 10:00 a.m. to 10:00 p.m. Friday and Saturday.

Maximum performance time per park per day is two (2) contiguous hours, ten (10) minutes may be allowed for set up, if needed.

Entertainers will be restricted to certain times during parks and recreation-sponsored events.

Volume control: Parks entertainers may not use amplified sound. Entertainers using brass instruments and saxophones must mute them. Performers must reduce the level of sound or mute their instruments upon request by authorized personnel or Burlington Police. If they do not comply, their license will be revoked.

Sale of products: Licensed park entertainers may sell tapes or other recordings of their own performance(s). No additional license (e.g., a vendor’s license) is required for this activity.

Disciplinary action: A valid complaint is defined as one which relates to violations of the rules and regulations set forth in these guidelines. A complaint must also be received in writing containing the complainants’ name, address and phone number. A complaint may be valid if parks and recreation staff document violation of rules set forth herein.

The first valid complaint filed against a license holder will be communicated verbally.

The second valid complaint causes revocation of the license until the entertainer appears before the parks commission to resolve the issue.

Should the parks commission decide to extend the revocation of a license, it may choose to do so for up to thirty (30) days for a first offense, for up to twelve (12) months after a second offense, or for up to twenty-four (24) months after a third offense.

If a licensee is found guilty of violating a City of Burlington ordinance and/or State of Vermont law while performing, the license will be automatically revoked and no new license may be issued for twenty-four (24) months.

Insurance: Acts which may be considered dangerous (e.g. Acts involving knives, fire, other hazardous materials) must provide insurance. The licensee shall maintain a policy which limits liability for bodily injury and property damage in the amount of at least one hundred thousand dollars ($100,000.00)* for bodily injury to any one person, and for damages to property in the amount of at least twenty-five thousand dollars ($25,000.00) resulting from any one accident. The licensee must provide proof of such insurance to the parks and recreation department upon request.

Note—Insurance amounts may be changed subject to checking with the city’s insurance administrator.

(F) Park User Classifications: Park areas and facilities will be available for special use on a first-come-first-served reservation system. However, upon the discretion of the department, to best serve the recreational needs of the public, and in order to give priority to the various groups making application for special use, the user classifications will preclude the first-come-first-served reservation system. Appeals for park special use allocations may be made in writing to the board of parks and recreation commissioners for consideration.

(1) Class I Recreational—Open to the public:

(a) Department-sponsored events and activities.

(b) Department-cosponsored events and activities.

(d) Governmental divisions/agencies, quasi-public agencies, nonprofit agencies.

(e) Individuals, groups, organizations, businesses.

(2) Class II Recreational—Closed membership, not open to the public.

(3) Class III Nonrecreation—Nonprofit.

(4) Class IV Commercial.

(5) Class V—Park Entertainers.

(G) Park Special Use Approval Authorization:

(1) The department of parks and recreation is authorized to process and approve all requests for park special use in compliance with the policies as set forth in the park special use policy, including the exposure and sale of goods and services in connection with an event when such sales are conducted by the sponsor of the event and intended to defray cost of the event. Proceeds from such sales may also be used to defray operating expenses of governmental divisions, quasi-public or nonprofit organizations or agencies.

(2) Request for park use, commercial in nature, intended to generate a profit and not affiliated with an activity or event occurring on park property must be submitted in writing and approved by the board of parks and recreation commissioners.

(3) Any request for department cosponsorship of an event or for park special use not in compliance with the park special use policy must be submitted in writing and approved by the board of parks and recreation commissioners.

(H) Approved Special Use Activities by Park: Park special use permits will be issued for park areas and facilities under the following guidelines and restrictions:

(1) Neighborhood parks: Lakeside, Pomeroy, Roosevelt, Schmanska, Smalley, Appletree, Baird. Neighborhood parks, generally serving an area within a one-quarter-mile radius, are intended for use by neighborhood residents on a first-come-first-served basis. Park special use permits will be issued only to local youth groups and civic organizations for specific events. Approval for continuous scheduled use by youth sports leagues may also be granted. Stereo, radio or other amplified music shall be prohibited in neighborhood parks from 10:00 p.m. until 7:00 a.m.

(2) Special use areas: Battery Park, City Hall Park, Perkins Pier, Waterfront Park.

(a) Battery Park—Cultural, performing arts and concerts, public speeches and demonstrations, civic ceremonies, fund raising, shows and exhibits. Permit for entertainment must be approved by the board of parks and recreation commissioners. The amplified sound at events or concerts shall not exceed three (3) consecutive hours in duration. Sound checks or testing shall commence no earlier than one-half hour before the permitted performance schedule. Concerts shall be limited to three (3) per week, not more than one per day, with the week commencing on Saturday at 9:30 a.m. Concerts shall not be scheduled on more than two (2) consecutive days and will commence no earlier than 9:30 a.m. unless specifically authorized by the board of parks and recreation commission, nor shall they conclude later than 9:00 p.m. The volume level of any concert, or any event with amplified sound, shall not exceed seventy-five (75) decibels at any time when measured at any place on the exterior perimeter of the park.

(b) City Hall Park—Cultural, performing arts and concerts, public speeches and demonstrations, civic ceremonies, fund raising, shows and exhibits. Permit for entertainment must be approved by the board of parks and recreation commissioners. Sound checks or testing shall commence no earlier than one-half hour before the permitted performance schedule. Concerts shall be limited to three (3) per week, not more than one per day, with the week commencing on Saturday at 8:00 a.m. Concerts shall conclude no later than 9:00 p.m. The volume level of any concert shall not exceed ninety-five (95) decibels at any time when measured at any place on the exterior perimeter of the park.

(c) Perkins Pier—Waterfront or aquatic-oriented events. Permit for entertainment must be approved by the board of parks and recreation commissioners. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than one hour before the permitted event or concert and shall last no longer than one hour. The volume level of any concert, or any event with amplified sound, shall not exceed eighty-five (85) decibels at any time when measured at any place on the exterior perimeter of the park.

(d) Waterfront Park—As administered by department of water resources.

(3) City parks: Ethan Allen Park, Leddy Park, Oakledge Park, North Beach Park.

(a) Ethan Allen Park—Limited facilities restrict use to a time period of three (3) hours. Use of the park exceeding three (3) hours requires provisions for restroom facilities.

(b) Leddy Park—Available for field sports, tennis, picnicking and aquatic events. Permit for entertainment must be approved by the board of parks and recreation commissioners. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than one hour before the permitted event or concert and shall last no longer than one hour. The volume level of any concert, or any event with amplified sound, shall not exceed eight-five (85) decibels at any time when measured at any place on the exterior perimeter of the park.

(c) Oakledge Park—Available for field sports and picnicking. Use of amplified recorded or live entertainment must be approved by the board of parks and recreation commissioners. Permit for entertainment must be approved by the board of parks and recreation commissioners. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than one hour before the permitted event or concert and shall last no longer than one hour. The volume level of any concert, or any event with amplified sound, shall not exceed eight-five (85) decibels at any time when measured at any place on the exterior perimeter of the park.

(d) North Beach Park—Available for aquatic events. Permit for entertainment must be approved by the board of parks and recreation commissioners. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than one hour before the permitted event or concert and shall last no longer than one hour. The volume level of any concert, or any event with amplified sound, shall not exceed eight-five (85) decibels at any time when measured at any place on the exterior perimeter of the park.

(4) Playfield parks: North Park, South Park.

(a) North Park—Youth field sports.

(b) South Park—Youth and adult field sports.

(5) Playground parks: Champlain St. Park.

(a) Champlain St. Park—Not available for special use.

(6) District parks: Arms Property, Intervale Property.

(a) Arms Property—Undeveloped property suitable for passive recreation and educational purposes.

(b) Intervale Property—Same as Arms Property.

(I) Fees and Charges: As set annually by the board of parks and recreation commissioners.

(Reg. of 8-4-86; Reg. of 2-23-87; Res. of 6-26-95; Res. of 6-9-97; Res. of 6-22-98; Res. of 9-14-98)

2 Perkins Pier Marina, Waterfront Park and Community Boathouse.

(A) Safety and Courtesy:

(1) Motorists shall not operate any motor vehicle within the land area of Perkins Pier or Waterfront Park at a speed in excess of five (5) miles per hour.

(2) Motorists shall park automobiles and boat trailers only in areas designated for that purpose and shall ensure that said vehicles and/or trailers do not block or impede pedestrian and bicycle access along designated pedestrian and bicycle paths. Persons wishing to use launching facilities may do so only after purchase of an appropriate daily vehicle entrance ticket or season’s vehicle and trailer vehicle entrance pass.

(B) Season Docking Permits:

(1) No person shall tie up overnight to any slip or bulkhead without first having acquired a transient permit signed by the Dock Master or having paid a transient fee. Vessels within the docking areas are presumed to be overnight if they remain after 8:00 p.m. E.D.T.

(2) Owner must provide adequate line and feeders and maintain them in proper condition and arrangement. In the interest of safety, the Dock Master may require that dock lines and feeders be changed or altered. In an emergency situation threatening damage to the owner’s vessel, another vessel or property of the City of Burlington. The Dock Master may cause appropriate lines and feeders to be attached to the owner’s vessel and do other necessary work and the cost of so doing shall be charged to the owner.

(3) The City of Burlington will provide docking assistance and maintain reasonable surveillance during regular hours but will not be held responsible for the security and/or safe-keeping of vessels moored or docked at the facility.

(4) This agreement is not transferable and the City reserves the right to use accommodations reserved by this agreement during temporary vacancies by owner. Owner shall give the City advance notice of commencement and duration of such vacancies.

(5) After May 1st no refunds will be given to persons choosing not to use a designated slip or mooring after having previously made payment to reserve said slip or mooring for the season. The only exception would be if the Department is able to refill the space at full value by May 15th of the same year.

(6) In no case may flame, heating elements, inflammable liquids, explosive gases or other hazardous materials or equipment be used on the vessel while it remains at the City’s facilities, but the use of approved galley stoves, lamps, motors and other equipment shall be allowed.

(7) Owner expressly undertakes and agrees to hold the City harmless with respect to damage or loss to or of the vessel or its outfit, except such damage as may be conclusively attributed to the City’s own negligence, and this undertaking is provided to induce the City to enter into this agreement.

(8) Season’s docking permit rates shall be set annually by the Harbor Commission, subject to final approval of the City Council. Persons acquiring a larger or smaller boat during the permit period shall have their fee altered and prorated on the basis of the amount of the season left. Boats shall not tie up prior to May 15th or later than October 15th without written permission from the Harbor Master. Season’s slips remaining open after July 1 may, after due notice by the Harbor Commission, be reclaimed and reallocated by the Commission.

(9) Permit holders failing to remove vessel from assigned slip by October 15 are subject to a late fee and/or towing fee set annually by the Harbor Commission.

(10) Additionally, rules set annually by the Parks and Recreation Commission are in effect and enforceable by ordinance.

(Reg. of 11-4-85; Reg. of 6-27-88; Reg. of 6-22-92)

3 Harbor and waterways; designated areas.

(A) Commercial Activities: These are defined as conduct involving the sale of goods or services for money or other consideration; and also handing out of goods, on land or on water within the Burlington Harbors. No such activities shall be conducted unless by authorization of the Harbor Commission or the Harbor Master.

(B) The Inner and Outer Harbor: The harbor of the City of Burlington shall, for the purposes of these rules and regulations, be divided into two (2) areas as follows:

(1) Inner Harbor. The Inner Harbor shall include all waters between the shoreline and breakwater of the harbor and such other waters as are included in a line drawn from the beacon on the northerly end of the breakwater following a compass heading of 007 degrees to a point of land commonly referred to as "Texaco Beach" and on the south end of the breakwater from the beacon following a line drawn of compass heading 120 degrees to a point of land commonly referred to as "Barnes Basin" also known as "The Barge Canal." (See Figure 1.)

Details of the Inner Harbor include:

(a) Special Anchorage Area: The area located at the southerly and shoreline end of the Inner Harbor.

1. The Harbor Commission shall, after consultation with the Harbor Master, determine the number of moorings that the Parks and Recreation Department will install and maintain for lease in said Special Anchorage Area.

2. The yearly registration period for a mooring permit shall run from May 15 through October 15. Any prior year moorings not registered with the Parks and Recreation Department by this time shall be cancelled and the mooring space allocated to those granted permits on a waiting list maintained by the Parks and Recreation Department.

3. A mooring location is not transferable. No mooring location or mooring may be rented.

4. A mooring permit does not give the permit holder any right of claim to any particular location. It does give the permit holder a location in the Special Anchorage Area at a mooring designated on the permit or as designated by the Harbor Master.

5. Permit holders are prohibited from boat or yacht chartering, selling or brokering, or carrying on any such businesses which involve the commercial or business use of the mooring in any way. This provision shall not prohibit the casual private sale between private persons not normally engaged in the selling, chartering or brokering of boats.

6. The fee for registering or re-registering a mooring shall be set by the Harbor Commission and approved by the City Council each year. All checks are to be made payable to the Parks and Recreation Department.

7. Permit holders failing to remove vessels from the Special Anchorage Area by October 15 are subject to a late and/or towing fee set annually by the Harbor Commission.

(b) Anchorage Area: Located easterly of the southern end of the breakwater, the Anchorage Area shall be marked with buoys.

1. Except in cases of emergency, special events or diving expeditions, no vessel shall anchor anywhere within the Inner Harbor except in the designated Anchorage Area.

2. No transient or visiting vessel shall anchor in the Anchorage Area without obtaining an anchorage permit from the Harbor Master, except that a vessel when first arriving in port may anchor in the Anchorage Area or make fast to any available mooring or pier for the period of time necessary to secure an anchorage permit.

3. A vessel arriving in port after 8:00 p.m. may anchor in the Anchorage Area until a permit is secured not later than 10:00 a.m. the following morning.

4. No permit shall be granted to any vessel to anchor in the Anchorage Area in excess of three consecutive days.

5. Owners of vessels anchored in the Anchorage Area shall be responsible for the security and/or safe keeping of such vessels, and shall hold the City of Burlington harmless for any damages caused to or by such vessel while in the Anchorage Area.

6. No fees for permits in the Anchorage Area shall be charged until such time as moorings are installed and the area is approved as a designated anchorage area.

(c) No person shall operate a boat, vessel or other watercraft upon any of the waters within the harbor of the City of Burlington at a speed greater than is reasonable or prudent, having due regard for other vessels, property and persons on said harbor and in no event at a speed which endangers the safety of persons or property.

(d) No person shall place a mooring, anchor, piling, swimming platform or permanently fixed object within the Inner Harbor without permission from the Harbor Commission.

(2) Outer Harbor: The Outer Harbor shall include all the waters of the harbor of the City of Burlington other than the waters included in the Inner Harbor as described by the Charter.

(a) Swimming Management Areas—Rules per State law: No person, except a lifeguard on duty and other authorized personnel, may operate any boat, canoe or water vehicle of any sort within the designated swimming area. A swimming area shall be marked in accordance with 23 V.S.A. section 3310(b), or any amendment or renumbering thereof. Areas shall be within the confines of their respective beach. Specifically this area will be determined annually by the Director of Parks and Recreation.

1. Blanchard Beach.

2. Oakledge Cove Beach.

3. Leddy Park Beach.

4. North Beach.

(3) Moorings:

(a) No person shall charge money or other consideration for the placement of or use of a mooring unless specifically authorized to do so by an act of the Vermont General Assembly. The term "mooring" herein shall also include a boat lift or carriage.

(b) No person may interfere in whole or in part with the right of access of a lake shore property to the line of navigability of the lake by the placement of a mooring, raft, anchored vessel, dock or other structure in the waters of the lake lying between the littoral property and the line of navigability. The line of navigability shall be such points where the actual depth of the lake is four (4) feet. The rights among adjoining littoral properties shall be established by a method which divides the line of navigability proportionately and equitably to the several frontages of the shore. The "colonial method" shall be used unless it results in inequitable apportionment. The "colonial method" shall mean drawing a base line between the two (2) corners of any shoreline property where they are bounded by the lake. From these two (2) corners parallel lines are extended at ninety (90) degrees from the base line to the line of navigability. Where the extension of such lines by adjoining properties intersects due to concavity of the shoreline, the area shall be allocated by a line bisecting the area of such overlap.

(c) Docks. Wooden or metal docks for noncommercial uses mounted on poles or floats are permitted in the outer harbor, provided that:

1. The combined horizontal distance of the proposed encroachment and any existing encroachments located within one hundred (100) feet thereof which are owned and controlled by persons interested in the littoral property do not exceed fifty (50) feet and their aggregate surface areas do not exceed five hundred (500) square feet; and

2. Concrete, masonry, earth or rock fill, sheet piling, bulk heads, crib rock or other similar construction does not form any part of the structure; and

3. Navigation or boating is not unreasonably impaired.

The Harbor Master or Harbor Commission is authorized to order offending structures to be modified, moved or removed.

(d) All issues regarding the administration of the harbor regulations shall first be resolved by the Harbor Master. Any person aggrieved by the Harbor Master’s action or failure to act may appeal to the Harbor Commission by filing a written request for such appeal with the Harbor Commission within fourteen (14) days.

(1) Within the waters of the inner harbor of the City of Burlington there shall exist the following designated areas as identified on the chart attached hereto:

(a) Mooring management area (Perkins Pier) located at the southerly and shoreline end of the inner harbor.

(b) Anchorage areas located at the southern end of the breakwater.

(2) Within the Perkins Pier mooring management areas, the following rules and regulations shall apply:

(a) The harbor commission shall, after consultation with the harbormaster, determine the number of moorings that the parks and recreation department will install and maintain for lease in each mooring management area.

(b) The yearly registration period for a mooring permit shall run from May 15 through October 15. Any prior year moorings not registered with the parks and recreation department by this time shall be cancelled and the mooring space allocated to those granted permits on a waiting list maintained by the parks department.

(d) A mooring permit does not give the permit holder any right of claim to any particular location. It does give the permit holder a location in the designated mooring management area, at a mooring designated on the permit or a location designated by the harbormaster.

(e) Permit holders are prohibited from boat or yacht chartering, selling or brokering, or carrying on any such businesses which involve the commercial or business use of the mooring in any way. This provision shall not prohibit the casual private sale between private persons not normally engaged in the selling, chartering, or brokering of boats.

(f) The fee for registering or re-registering a mooring shall be set by the city council each year. All checks are to be made payable to the parks and recreation department.

(3) Within the inner harbor there is established an anchorage area along the inner side of the breakwater as delineated on a chart attached hereto. Within the anchorage area the following rules shall apply:

(a) Except in cases of emergency, no vessel shall anchor anywhere within the inner harbor except in the designated anchorage area.

(b) No transient or visiting vessel shall anchor in the anchorage area without obtaining an anchorage permit from the harbormaster, except that a vessel when first arriving in port may anchor in the anchorage area or make fast to any available mooring or pier for the period of time necessary to secure an anchorage permit.

(c) A vessel arriving in port after 8:00 p.m. may anchor in the anchorage area until a permit is secured at 10:00 a.m. the following morning.

(d) No permit shall be granted to any vessel to anchor in the anchorage area in excess of three (3) consecutive days.

(e) Owners of vessels anchored in the anchorage area shall be responsible for the security and/or safe keeping of such vessels, and shall hold the City of Burlington harmless for any damage caused to or by such vessel while in the anchorage area.

(f) No fees for permits in the anchorage area shall be charged until such time as moorings are installed and the area is approved as a designated anchorage area.

(Res. of 11-4-85; Reg. of 6-27-88; Reg. of 6-22-92; Res. of 6-22-98)

4 Beaches and waterfront areas.

(A) Prohibited Activities:

(1) Changing clothes except in bathhouse.

(2) Unless excepted elsewhere in these rules, bringing animals, except for seeing eye dogs, to the beaches or adjacent picnic areas.

(3) Swimming between the hours of 8:30 p.m. and 9:30 a.m. during the summer season or at any time before the beaches are opened for the season or after they are closed for the season.

(4) Failing to stop at the attendant’s booth prior to entering the controlled access areas and/or proceeding without permission of the attendant.

(5) Swimming from or at Perkins Pier.

(6) Leaving unattended a child yet to reach his eighth birthday.

(7) Using balls, frisbees, flotation devices or other toys or sporting equipment in the water except under provisions or conditions approved in advance by parks and recreation department personnel.

(8) Parking in any area except the parking lots unless specifically directed to do otherwise by parks and recreation department personnel.

(B) Rate Structure:

(1) The following regulations shall apply to persons entering Bernard J. Leddy Park, Oakledge Park, North Beach and Perkins Pier during the summer season, generally held to be May 15 until Labor Day or as otherwise posted.

(2) Reserved.

(3) No person shall enter the above-mentioned areas by motor vehicle unless the operator of the motor vehicle pays a daily entrance fee determined annually by the parks and recreation commission, subject to the final approval of the city council, except that no daily fee shall be charged any vehicle or trailer:

(a) Exhibiting a season’s pass;

(b) Whose operator is the rightful bearer of a Green Mountain Passport; or

(4) A season’s pass may be issued to motor vehicles of residents and nonresidents of Burlington upon a payment of a fee determined annually by the parks and recreation commission, subject to final approval of the city council. For the purpose of these regulations, the legal address as listed on the registration of the vehicle in question shall determine residency. Eligible vehicles must be owned or otherwise be substantially controlled by the individual making application and intended for his or her private, noncommercial recreational use while at said parks.

(5) A special season’s pass may be issued to residents and nonresidents for the use of Leddy Park upon payment of a fee determined annually by the parks and recreation commission, subject to final approval of the city council.

(6) A special boat trailer season’s pass may be issued to residents and nonresidents for the use of Perkins Pier upon payment of a fee determined annually by the parks and recreation commission, subject to final approval of the city council, in addition to the purchase of the appropriate resident or nonresident season’s vehicle pass.

(7) Season’s vehicle passes may be issued by the superintendent of parks and recreation to vehicles leased for personal use under the following conditions:

(a) The vehicle is registered in the State of Vermont.

(b) The applicant is able to produce evidence satisfactory to the superintendent that the vehicle in question is substantially controlled for the personal use with permission of the owner or lessee.

(8) A business pass may be issued to the operator of a motor vehicle for specific business with the department of parks and recreation, or a concessionaire or licensee under contract with the department to operate within the park, except that said pass shall not be available to any applicant for use of a recreational service during the time of admission, such as renting a sailboat from a concessionaire. Said business pass shall be for a period of one-half (1/2) hour, unless prior notice is given and an extension approved by the department.

(9) There shall be no admission fee for pedestrians or for the operators of bicycles, busses owned by CCTA, vehicles of parks and recreation department employees, or other municipal, state or United States Government vehicles operated by persons conducting official business.

(10) All busses, defined as vehicles with carrying capacity of sixteen (16) or more passengers, may be admitted on a space-available basis at a fee determined annually by the parks and recreation commission, subject to final approval of the city council.

(11) The falsification of identification or legal address for the purpose of obtaining a city resident pass shall be considered a violation of a city ordinance and conviction thereof shall be punishable by a fine not to exceed fifty dollars ($50.00).

(12) The board of parks and recreation commissioners reserves the right to suspend or revoke, after appropriate hearing for violation of a parks and recreation regulations or ordinance, any permit issued under provisions hereof.

(Res. of 11-4-85; Res. of 4-17-2000; Ord. of 4-17-23(2))

5 Park closings.

(A) Motor vehicles are prohibited at all times within the confines of City Hall Park, Champlain Street Park, Lakeside Park, Pomeroy Park, Roosevelt Park, Smalley Park and Battery Park.

(B) Motor vehicles are permitted to be driven and/or parked within the confines of Waterfront Park, Leddy Park, South Park, Oakledge Park, Ethan Allen Park, North Beach Park and Perkins Pier, provided that:

(1) Motor vehicles shall be excluded from the confines of Leddy Park between 11:00 p.m. and 6:00 a.m., except that motor vehicles may be driven and/or parked within the confines of Leddy Park during such time for the purpose of attending scheduled skating events at Gordon H. Paquette Municipal Arena. Motor vehicles shall be excluded from Perkins Pier between the hours of 11:00 p.m. and 6:00 a.m., except that motor vehicles may be driven and/or parked within the confines of Perkins Pier if the person driving and/or parking such vehicles displays on his or her dash-board a late parking permit obtained from the attendant upon admission to the Pier.

(2) Motor vehicles shall be excluded from the confines of Schmanska Park, Ethan Allen Park, Waterfront Park and Oakledge Park between the hours of 9:30 p.m. and 6:00 a.m.

(3) Motor vehicles shall be excluded from the confines of North Beach Park, unless access and parking within the campsite area are allowed by permit, between Saturday at 6:00 a.m. on the last weekend in April and the end of Labor Day in the following manner:

(a) Motor vehicles shall be excluded from the "bench parking lot" as follows:

1. Between 9:30 p.m. and 9:00 a.m. or

2. Within twenty (20) minutes after the time that the lifeguard in charge shall announce that the beach is closed.

(4) Between midnight on Labor Day and 6:00 a.m. on the last Saturday of April motor vehicles shall be excluded from the confines of North Beach Park between the hours of 5:00 p.m. and 7:00 a.m.

(5) Motor vehicles shall not be parked within the confines of any city park except in those areas properly designated and marked parking areas. Motor vehicles shall not be parked within the confines of a city park except by those using the park for recreational purposes.

(C) The superintendent of parks or tour commander of the police department shall have the authority to close any park to vehicles and/or person on a temporary basis for the following reasons:

(1) Maintenance and/or construction.

(2) For public protection from conditions caused by weather or climate.

(3) When there is reason to believe that the closing of such park is necessary for the maintenance of order, safety and decency in such park and in those areas surrounding such park.

(D) The superintendent of parks may, as authorized by the board of parks and recreation commissioners, allow vehicles in prohibited areas for special events occurring in such areas.

(E) There shall be stop signs placed at the following locations within the city parks:

(1) At the Flynn Avenue exit from Oakledge Park.

(2) At the North Avenue exit from Leddy Park.

(3) At the North Beach entrance.

(4) At the entrance to Perkins Pier.

No person shall park a motor vehicle in any parking space on Perkins Pier which is marked for boat trailers.

(F) Closing hours for City Hall Park. City Hall Park shall be closed for public use from 12:00 midnight until 6:00 a.m. on a daily basis. This park closing shall not effect pedestrian crossings through the park.

(Reg. of 11-4-85; Res. of 6-26-95; Res. of 6-22-98)

6 Tennis and basketball courts.

(A) Courts are for tennis and basketball play only. Prohibited activities include, but are not limited to, in-line skating, roller skating, street hockey and skate boarding.

(B) Court play will be prohibited at neighborhood parks between the hours of 10:00 p.m. to 7:00 a.m. unless otherwise permitted by the parks and recreation department.

(D) Swearing or impolite conduct is prohibited.

(Reg. of 12-3-93; Res. of 6-26-95)

7 Off-leash dog areas.

(A) Designation of Areas. The following areas are designated as areas managed and regulated by the board of parks and recreation commissioners for the purpose of allowing dogs to be under control of the owner or another individual by means other than physical restraint:

(1) Starr Farm Park. That portion of Starr Farm Park that is bounded on the east by the Burlington Bikeway and bounded on the west by that part of Starr Farm Park which is set aside for community gardens.

(2) Schmanska Park. That multipurpose field portion of Schmanska Park that extends from the basketball court to the tennis court.

(3) Oakledge Park. That portion of Oakledge Park that is bounded on the west by the Burlington Bikeway, is bounded on the north by the parking lot servicing the southernmost picnic shelter, and is bounded on the south by the baseball field on the southernmost part of the park (adjacent to Austin Drive).

(4) Urban Reserve. Upon any required written approval by the Vermont Housing and Conservation Board, that portion of the area designated as the Waterfront Urban Reserve that is bounded on the east by the Burlington Bikeway, bounded on the south by the land known as the Texaco Jetty—including so much land to the south of the Jetty as to allow for access to the beach directly adjacent to the Jetty, and bounded on the north by the northern boundary of the Urban Reserve.

(5) Intervale Leased Land. That portion of land owned by the Burlington Electric Department in the Burlington Intervale under lease to the Intervale Foundation and sublease to the Burlington Department of Parks and Recreation for the purpose of establishing an off-leash dog area, being such land bounded on the south by the lands leased to the parks and recreation department by the Burlington Electric Department for community gardens, bounded on the east by the lane used for farm vehicles and the Burlington Bikeway, bounded on the north by the lane used to access communications towers and commercial farming operations, and bounded on the west by commercial farming operations.

(B) Times of Operation. The following are the allowed times of operation for areas designated as off-leash dog areas:

(1) Starr Farm Park: The designated area may be used at any time of the day and year for off-leash dog activities permitted by these rules.

(2) Schmanska Park: The designated area may be used from April 16 to October 14 from 8:00 p.m. to 8:00 a.m. and from October 15 to April 15 from 4:00 p.m. to 9:00 a.m. for off-leash activities permitted by these rules.

(3) Oakledge Park: The designated area may be used at any time of day from October 1 to April 1 for off-leash activities permitted by these rules.

(4) Urban Reserve: The designated area may be used at any time of the day and year for off-leash dog activities permitted by these rules.

(5) Intervale Leased Area: The designated area may be used at any time of the day and year for off-leash dog activities permitted by these rules.

(1) A person taking a dog into an off-leash area shall have control of the dog by means of physical restraint (leash, cord, chain, etc.) when entering and leaving the off-leash area.

(2) A person taking a dog into an off-leash area shall maintain voice, hand or other appropriate control over the dog at all times while the dog is in the off-leash area. Such person shall also have in their possession at all times a means of physical restraint.

(3) A person taking a dog into an off-leash area may only do so during the times set forth by these rules.

(4) All dogs present in an off-leash area shall be licensed and vaccinated and shall display valid license and vaccination tags attached to a dog collar.

(5) A dog present in an off-leash area shall be the responsibility of a person who is present in the area with that dog. A person responsible for a dog in an off-leash area shall not leave the dog unattended in the off-leash area. A person responsible for a dog in an off-leash area shall be legally responsible for its actions.

(6) A person shall not take a female dog in heat into an off-leash area.

(7) A person taking a dog into an off-leash area is responsible for removing that dog’s feces from the off-leash area. A person taking a dog into an off-leash area shall carry equipment for removing such feces and shall place feces deposited by such animal in an appropriate receptacle.

(8) A person taking a dog into an off-leash area shall stop that dog from digging holes and shall fill in any hole created by the dog prior to exiting the area.

(9) A person may not take more than three (3) dogs at a time into an off-leash dog area without a special permit given by the parks and recreation department. Professional dog trainers shall not use off-leash dog areas for their commercial activities.

(10) Vicious dogs as defined by Burlington Code of Ordinances section 5-13 are not allowed in an off-leash area.

(11) There shall be no eating or smoking in the off-leash area.

(12) Glass containers shall not be allowed in an off-leash area.

(13) Any gate to an area shall be closed upon entry and exiting.

(14) Person in control of a dog in an off-leash area shall not permit the dog to engage in excessive barking, howling, or other noise.

(15) Persons under the age of twelve (12) years shall not be allowed in an off-leash area without the accompaniment of someone at least eighteen (18) years of age.

(D) Reserved.

(E) Enforcement:

(1) In addition to the penalties provided for by ordinance, a person or dog that violates the rules of this section is subject to ejectment from the off-leash area.

(2) In addition to the penalties provided for by ordinance, a duly authorized enforcement official may impound a dog for a violation of the rules of this section or for activities determined to be a nuisance.

(3) In addition to the penalties provided for by ordinance, a person who violates the rules of this section on two (2) occasions within a twelve-month period shall be barred from using the off-leash areas during the six (6) months after the second violation.

(F) Administration:

(1) Pilot program. The rules of this section shall be in full force and effect for eighteen (18) months. The director of parks and recreation shall review the impacts of the designated off-leash areas and shall make a report to the city council after twelve (12) months of operation. Unless directed otherwise by the city council, these rules shall expire upon the end of the 18th month in which the rules were in effect.

(2) The director of parks and recreation may, upon a finding of need at a particular off-leash area, may close the area to off-leash use. The reopening of such area is at the discretion of the director. The director shall post a notice indicating that the area has been closed for off-leash use at the entrance to the area and at other locations in the area if needed to conspicuously advise the public of the closing.

(3) No area may be used as an off-leash area unless a site coordinator has been designated for that area.

(4) Subsection (C) (General Rules) of this section and any duly adopted special regulations for a specific designated off-leash area shall be conspicuously posted in each designated off-leash area.

(Res. of 4-17-00; Ord. of 9-23-02)

8 Repeal of prior rules.

The rules and regulations set out above shall amend and/or repeal any rules or regulations that have been passed to date relating to matters hereinabove regulated or which regulate the same or similar matters as the above rules and regulations.

(Reg. of 11-4-85; Res. of 4-17-2000)

APPENDIX DRULES AND REGULATIONS OF THE BURLINGTON PARKS AND RECREATION DEPARTMENT