§ 48. Enumerated
The City Council shall have power:
(1) To establish and regulate a market and to regulate, license, tax, or prohibit the selling or peddling of meat, fish, or other provisions on foot or from vehicles about the City, except that the City Council shall not have power to license, tax, or prohibit farmers selling the produce of their own farm.
(2) To restrain and prohibit all descriptions of gaming, to order the destruction of all instruments and devices used for that purpose, and to license or tax any such devices or instruments the usage of which is now, or may hereafter be, permissible under the laws of the State and to license or tax any mechanical or electrical amusement devices or the places wherein the same may be located.
(3) To regulate, license, tax, or prohibit the exhibition of common showmen, circuses, menageries, carnivals, and shows of every kind, and all plays, athletic contests, exhibitions, or entertainments for money, including the power to tax admissions to the same except such as may be conducted by educational or nonprofit institutions or organizations or wholly for charitable purposes; to provide a system of examination, approval, and regulation of motion picture films, reels, or stereopticon views or slides and of banners, posters, and other like advertising matter used in connection therewith; to create and establish a Board of Censors to administer such system within the limits of said City and to define and prescribe their duties and powers and to regulate, restrict, or prevent attendance of minors at exhibitions of films, reels, or stereopticon views.
(4) To regulate, license, tax, or prohibit itinerant vendors, peddlers, street musicians, transient auctioneers, and itinerant photographers, provided the City Council shall not have the power to license, tax, or prohibit farmers selling the produce of their own farm.
(5) To prevent riots, noises, disturbances, or disorderly assemblages.
(6) To abate and remove nuisances; to regulate or prohibit the storage and accumulation on premises within the City of garbage, ashes, rubbish, refuse, and waste materials; to tax or license for revenue and regulate or prohibit the collection and removal of such materials from such premises and the disposal of the same by private persons or agencies; to compel and regulate the removal and disposal of such materials by owners, tenants, and occupants of such premises; to require and provide for the collection, removal, and disposal of such materials by the City at its expense by contract with some private individual or agency or by some City officer, officers, or department either existing, or hereafter created and established by the City Council for that purpose; to establish, in case the collection, removal, and disposal of such materials is done at the expense of the City, service rates to be paid to the City by the owners, tenants, or occupants of premises from which said materials are collected and removed for services rendered by the City in collecting, removing, and disposing of such materials, to compensate the City for the cost and expense of those services. All service rates against owners or others shall be collected and enforced under such regulations and ordinances as the City Council shall prescribe.
(7) [Repealed.]
(8) To compel the owner or occupant of any unwholesome, noisome, or offensive house or place to remove or cleanse the same from time to time, so far as may be necessary for the health or comfort of the inhabitants of said City.
(9) To direct the location and management of all slaughterhouses, markets, steam mills, blacksmith shops, sewers, and all private drains and to compel the construction of drains within the limits of the City, under such inspection regulations as the City Council may adopt.
(10) To regulate the use in blasting, the manufacture, and the keeping of gunpowder and all other combustible and dangerous materials.
(11) To regulate the making of alterations and repairs of stovepipes, furnaces, fireplaces, and other things from which damage by fire may be apprehended and also to regulate the use of buildings in crowded localities for hazardous purposes; to provide for the preservation of buildings from fires by precautionary measures and inspections.
(12) To establish and regulate a Fire Department and fire alarm system, and fire companies, except as herein otherwise provided.
(13) To regulate the size, height, material, and manner of erecting and constructing new buildings and repairing of buildings already constructed in said City or in certain prescribed localities therein and to regulate the use of streets for building purposes.
(14) To prescribe the duties and powers of inspectors of buildings and fire wardens and to provide penalties for any refusal or neglect to comply with the orders of said inspectors and fire wardens made by virtue of any resolution or ordinance passed by said City Council.
(15) [Repealed.]
(16) To prevent encumbering the streets, sidewalks, and public alleys with firewood, lumber, carriages, boxes, or other things.
(17) To provide for the care, preservation, and improvement of public grounds, except as herein otherwise provided.
(18) To restrain and punish vagrants.
(19) To make regulations respecting paupers, except as herein otherwise provided.
(20) To restrain or regulate the keeping and running at large of poultry, cattle, horses, swine, sheep, goats, and dogs. And in addition to the tax now imposed by the laws of this State upon the owner or keeper of dogs, to impose upon or require of the owner or keeper of any dog or dogs such additional tax or license fee for the keeping thereof, and prescribe such penalties in default thereof, as may be deemed necessary. And all monies received hereunder shall be paid into the City Treasury and belong to said City.
(21) To provide a supply of water for the protection of the City against fire and for the distribution and sale of water for private and public purposes to persons and corporations both within and without the City, and to regulate the use of the same; to establish and maintain reservoirs, aqueducts, water pipes, hydrants, or any other apparatus necessary for such purposes, upon, in, and through the lands of individuals and corporations both within and without the City, on making compensation therefor; but the City Council, in providing such supply of water and establishing and maintaining reservoirs, aqueducts, water pipes, hydrants, and other apparatus, as hereinbefore provided, for the distribution and sale of water outside of the City, shall not incur any expense for the same that cannot be paid from the current net earnings of the Water Resources Department above the necessary operating expenses, and the necessary cost of maintaining, improving, and adding to the property and equipment of that Department within the City, unless authorized by the legal voters so to do, and to raise the necessary funds to pay for the same.
(22) To regulate and determine the time or place of bathing in any of the public waters within said City, or adjacent thereto, and to prevent the same.
(23) To compel all persons to remove from the sidewalks and gutters in front of the premises owned or occupied by them all snow, ice, dirt, and garbage, and to keep such sidewalks and gutters clean, and to compel the owners or occupants of any land or premises in the City to cut and remove from the streets and sidewalks in front of such land or premises all grass, brush, thistles, and weeds growing or being thereon, under such regulations as may be prescribed therefor, except as herein otherwise provided.
(24) To regulate and license innkeepers, keepers of saloons, victualing houses, billiard saloons, billiard tables, bowling alleys, places of amusement, and auctioneers, or to tax the same, under such regulations as shall be prescribed therefor; and all monies paid for such licenses or taxes shall belong to the City and be paid into the City Treasury.
(25) To regulate or restrain the use of rockets, squibs, firecrackers, or other fireworks in the streets or commons, and to prevent the practicing therein of any amusements having a tendency to injure or annoy persons passing therein or to endanger the security of property.
(26) To regulate gauging; the place and manner of selling and weighing hay, packing, inspecting, and branding meats and produce; and of selling, measuring, and weighing wood, lime, coal, and petroleum products; and to appoint suitable persons to superintend and conduct the same.
(27) To regulate and license porters and cartmen who receive or discharge their loads within the City; to regulate and license the owners and drivers of taxicabs, jitneys, and motor vehicles for hire, receiving, or discharging passengers, with or without baggage, within the City, whether or not such vehicles are engaged in carrying passengers entirely within the City; to prescribe the duties and privileges of such owners and drivers; to fix and regulate rates of fare, including maximum and minimum rate or rates, for any such transportation of passengers within the City; to license and regulate all such vehicles; to rescind any and all licenses granted hereunder, and to prohibit the operation of such vehicles upon the streets of the City when either the owners or the drivers thereof have not complied with all the provisions of ordinances duly enacted hereunder; provided, however, that no license shall be granted hereunder unless the applicant has first complied with all the requirements of the laws of the State of Vermont relative to the registration and operation of motor vehicles to enable the applicant to use the license for which he or she applies; and to limit and restrict the use of its streets and highways by such motor vehicles in such manner as will promote the safety and general welfare of the public.
(28) To prescribe the powers and duties of watchmen and police officers of said City.
(29) To regulate, establish, and alter the grade of streets and the grade and width of sidewalks, and the construction thereof, and prescribe the material to be used therein.
(30) To provide for lighting of the City.
(31) To provide for removing and trimming shade, fruit, and ornamental trees in the public streets and parks whenever the public good or convenience requires the same to be done, except as herein otherwise provided.
(32) To prohibit and punish willful injuries to shade, ornamental, and fruit trees standing on public or private lands.
(33) To prevent and punish trespasses or willful injuries to or upon public buildings, squares, commons, cemeteries, fountains, statues, or other property.
(34) To establish and maintain a public library.
(35) To regulate the time and manner in which examinations of public documents, land records, and other public records shall be made.
(36) To establish, manage, and control public cemeteries, parks, commons, or any other public place in said City, and to regulate the use of the same by the public, except as herein otherwise provided.
(37) To permit, regulate, license, tax, or prohibit, except as herein otherwise provided, the suspending, putting up, or continuance of any sign or awning in or over any street, lane, alley, common, or other public place in said City; and whenever the public good may require, to order and direct that any such sign or awning heretofore erected or suspended as aforesaid shall be changed, taken down, or removed; and to order and direct the removal of any sign or awning upon which any license fee or tax levied under the provisions hereof shall not have been paid.
(38)(A) To provide for assessing owners of land and buildings thereon abutting any street, alley, or lane in said City such sum as said land and buildings shall be benefited by raising or lowering the surface of said street or highway and also to award such damages to such owners as they shall suffer in consequence of raising or lowering the surface of said street or highway as aforesaid.
(B) The same proceedings shall be had in respect to said award of damages and assessment as are herein provided in case the owners of lands are dissatisfied with the award of damages or amount of assessment in laying out or altering streets or highways and said assessment shall be a lien in the nature of a tax on the lands and buildings so assessed, and may be collected or enforced in the same manner herein provided for assessments made in laying out, altering, or resurveying any street or highway in said City.
(39) To provide for indexing any part or all of the records of deeds and of any or all public records of said City of Burlington, and like records of the former Town of Burlington, by the “card index,” so-called, or any other like system. Such “card index” or other like system may be employed in addition to or in lieu of the manner of indexing now required by the laws of this State.
(40)(A) To fix, demand, impose, and enforce such terms, conditions, and regulations for the use or occupation of any street or highway in said City by any street railroad, traction, telegraph, telephone, electric, gas, electric lighting, electric power, or other company or any person enjoying the privileges, or exercising the functions of any such company aforesaid, as shall be just and reasonable, including any sum or sums of money to be paid to said City for the use of any street or highway by any or all of said companies for the purpose of laying, maintaining, and operating any street railway therein, or for the purpose of therein erecting and maintaining any poles, wires, or any other apparatus in or under the surface of said street and to prohibit the use of such street by any such company or person until such terms have been complied with.
(B) In case any such company or person cannot agree with said City upon such terms, said company or person may apply by petition to the county court within and for the County of Chittenden, and said court shall thereupon, after hearing all parties interested therein, fix such terms as shall be just and reasonable and make all necessary orders for carrying its decision therein into effect.
(C) Provided, however, that no special franchise shall be granted by said City Council for a longer term than 30 years, and further provided that at the expiration of any franchise, or at any time thereafter, the City shall have the right to acquire the title to and take over the property employed or used in the business for which such franchise was granted, upon the payment to the owner of the same of the fair value of the physical properties at that time employed or used in such business, and that in case the City is unable to agree with the owners as to the value of such physical properties, then said property may be condemned and taken for public use, and the value thereof ascertained and awarded as compensation therefor to the owner of the same in the manner, as near as may be, provided in the general laws of the State for the determination of the damages to be awarded persons aggrieved or damaged by the construction or operation of a street railway, and further provided that the grant of every such special franchise shall contain provisions embodying the foregoing conditions and limitations. Provided, notwithstanding the foregoing, the City Council shall not have authority to increase the level of any franchise fee enacted pursuant hereto without first receiving approval by a majority of the voters present and voting at an annual or special City meeting duly warned for this purpose.
(41) To prescribe the duties of the Inspector of Electrical Wiring Apparatus and the installation and maintenance thereof, to regulate and require licenses for all persons engaged in the business or trade of selling electrical apparatus and supplies and in the business or trade of installing and repairing electrical wiring and apparatus but not including telephone or telegraph wires or apparatus, and to regulate and require licenses for all persons engaged in the business or trade of plumbing or house drainage within the limits of said City and to fix and impose the terms, conditions, and fees for all such licenses.
(42) To purchase, construct, and maintain a public wharf.
(43) [Reserved.]
(44) To acquire voting machines, so-called, and prescribe the use thereof in any or all elections held within said City.
(45) To order any streets or part of a street sprinkled, sprayed, or treated with water, tarvia, or any other materials when in its judgment the public good requires.
(46) To enact and enforce rules for its government and for the government of the City Council. Notwithstanding 1 V.S.A. § 172, the City Council may enact rules providing that, as long as a quorum exists, a valid majority for taking action may be a concurrence of a majority of those present and voting.
(47) To appropriate money in excess of the amount required by law to be raised for highways, which a town may now vote to raise at its annual meeting or at a special meeting duly warned for that purpose, according to the provisions of the laws of the State relating to highways, and to assess upon the grand list of the City a tax sufficient to raise the amount of money so appropriated.
(48) To regulate the exposing for sale in the City and conveying through the streets of the City of foodstuffs intended for human consumption to prevent contamination thereof.
(49) To fix, impose, and establish the terms, conditions, and regulations under which any person or persons may exclusively occupy specified portion of any public street, lane, alley, or other thoroughfare used for public travel, for the storage or sale of oil or other merchandise, or for any other private purpose not affected with a public interest, to fix and collect a fee for such occupancy, and to prohibit use or occupancy of such specified portion for any other purpose.
(50) To acquire and hold by lease, purchase, or gift and to maintain within the limits of said City, or within the limits of an adjoining town, a public aviation field and municipal airport and to properly equip the same for use; to regulate the use of said field and its equipment and to charge, receive, demand, and collect from time to time reasonable compensation for use thereof and to manage and control such field and its equipment, appoint proper officers to have charge of the same and to define their duties; to provide for the establishment and maintenance of an airport police force to provide security and law enforcement within the limits of the airport premises and to lease to private parties for aviation purposes such part of said field and buildings as in the judgment of the City Council is not for the time being required by the City for the purposes of a public aviation field or municipal airport and for such time as in the judgment of said Council the same is not so required.
(51) To acquire and hold by lease, purchase, or gift, and to maintain and operate within or without the limits of said City, a stone quarry, a sand and gravel pit, and an asphalt plant, and all lands and interests in lands, required for such purposes, and to properly equip the same for use, and to engage the City in the business of selling stone from such quarry, sand and gravel from such pit, and asphalt from such plant, to persons and corporations both within and without said City and for public or private purposes, said City being hereby authorized to maintain and operate such stone quarry, sand and gravel pit, and asphalt plant for such purposes.
(52) To regulate and license junk dealers.
(53) To receive and hold grants, gifts, or bequests of money or other property, in trust, the income or interest of which is to be used for the care, improvement, embellishment, and repairs of its burial grounds, or of private lots within any such burial ground.
(54) To receive and hold grants, gifts, or bequests in money or other property, in trust, for any governmental purpose, under the charter, and manage and use the same, its income, or interest, in accordance with the terms and conditions of the trust.
(55) To provide for, create, establish, maintain, and regulate an insurance sinking or reserve fund to be used for the purpose of compensating the City for any and all losses and damages to City property by reason of fire, tornado, wind, flood, or other casualty and for the purpose of paying to City employees, their dependents, executors, administrators, and heirs, any and all compensation that may become their due from the City under the provisions of the laws of the State relating to workers’ compensation.
(56) To control and regulate the use of any present or future harbor on Lake Champlain in said City and to make and put into force and effect by proper ordinances all reasonable rules and regulations not in conflict with the jurisdiction of the federal government, governing the use of the waters of Lake Champlain within the City limits and the use of any public pier, wharf, or dock within said City; the mooring and anchorage of vessels within said harbors and at piers, docks, or wharfs within the City; trespasses and nuisances upon public and privately owned wharfs, docks, and piers; and all other proper and reasonable rules and regulations in the premises, tending to promote the public safety, health, morals, convenience, utility, and the public welfare, and to fix, determine, collect, and enforce reasonable charges for the use of any public wharf, pier, or dock owned by the City, and to prescribe and enforce penalties for violation of any and all of such rules and regulations.
(57) To enter into any agreement on behalf of the City with the United States, or any department, subdivision, or agency thereof, to accept grants, loans, and assistance from the United States, or any department, subdivision, or agency thereof, to make public improvements within the City, or upon property of the City outside its corporate limits, and to make appropriations consistent with the provisions of this charter to accomplish such purpose.
(58)(A) To acquire and hold by lease, purchase, gift, condemnation under the provisions of 24 V.S.A. §§ 2805 through 2812, inclusive of the Vermont Statutes Annotated, as amended, or otherwise, and to maintain and operate within the limits of Chittenden County, a municipal parking lot or lots, a municipal parking garage or garages, and any other municipal parking structure(s), and to alter, improve, extend, add to, construct, and reconstruct such lots or garages, subject, however, to the provisions hereinafter contained in this subdivision (58). In exercising the foregoing power, and notwithstanding the preceding sentence, the City Council shall not, except pursuant to subdivision (50) of this section and section 276 of this charter, have authority to acquire any property outside the limits of the City of Burlington through the use of the power of eminent domain or condemnation. The City Council shall not be exempt from the responsibility for securing all applicable permits from any community within Chittenden County outside the limits of Burlington in which it desires to construct a parking lot or garage. Any parking lot or garage constructed by the City outside the corporate limits of Burlington shall be subject to the ad valorem property tax of the community in which it is located.
(B) The Board of Public Works Commissioners shall have general control, management, and supervision of all municipal parking lots and garages. The Board shall have power to make regulations with respect to the use of all such municipal parking lots and garages, including reasonable terms, conditions, and charges, and shall also have the power to regulate the parking, operation, and speed of vehicles and pedestrian and vehicular traffic on the public highways of the City, including such ways, streets, alleys, lanes, or other places as may be open to the public, to erect, maintain, and operate equipment and systems for the regulation of parking of vehicles; to govern and control the erection of guideposts, street signs, and street safety devices on the highways; and to prescribe regulations and penalties for violation of the same in respect to all of the matters and to remove and impound as a public nuisance, at the expense of the owner, any vehicle found parking on a public highway or in a municipal parking lot or garage in violation of any City ordinance or any regulation hereunder, and to prescribe the terms and conditions upon which the owner may redeem such vehicle from the pound, which regulations, when published in the manner provided in section 49 of this charter for the publication of ordinances, shall have the force and effect of ordinances of the City, and violations of which shall be subject to the penalties provided in section 50 of this charter. All ordinances of the City, and all regulations of the Board of Parking Commissioners, in effect prior to July 1, 1959, shall remain in full force and effect notwithstanding that the subject matter thereof shall be within the jurisdiction of the Board of Public Works Commissioners, unless and until such Board shall, by regulation duly adopted and published, alter, amend, or repeal the same.
(C) The Board shall also from time to time recommend to the City Council the acquisition or construction of municipal parking lots or garages, and the City Council shall not authorize such acquisition or construction without such recommendation, nor shall the City Council dispose of or lease to others for operation any municipal parking lot or garage without the recommendation of the Board.
(D) All receipts from the operation or lease of municipal parking lots and garages shall be kept by the City Treasurer in a separate fund, to be known as the Parking Facilities Fund and shall be used for the purpose of paying any and all expenses related to operating, maintaining, acquiring, constructing, or expanding the lots and garages, including any payments on any obligation incurred for construction or repair of those lots or garages. Any amounts unused at the end of a fiscal year shall be carried over to the next fiscal year. All revenues generated from on-street parking equipment and systems shall be used by the City Council for traffic regulation and control, including acquisition or maintenance of parking facilities; proper repair or construction of streets, sidewalks, and bridges; traffic or parking demand management facilities, planning, or services; traffic calming measures; and other transportation-related activities. In addition, the City Council may vote to place any such revenues in the Parking Facilities Fund, at its discretion.
(E) If it shall reasonably appear to the Board of Public Works Commissioners at any time that the receipts from the existing municipal parking lots or garages are in excess of the amounts required for the purposes enumerated in subdivision (D) of this subdivision (58), and that the acquisition of further lots or garages is not required, they shall cause rates and charges for the use of the lots and garages, or some of them, to be reduced.
(F) If the Board of Public Works Commissioners, pursuant to the provisions of subdivision (C) of this subdivision (58), has recommended the acquisition or construction of a new parking lot or garage, the City Council may from time to time pledge, assign, or otherwise hypothecate the net revenues from the lots or garages, after the payment of operating expenses, and may mortgage any part or all of the lots or garages, including personal property located therein, to secure the payment of the cost of purchasing, acquiring, leasing, altering, improving, extending, adding to, constructing, or reconstructing the lots or garages, but the City Council shall not pledge the credit of the City for any of the purposes except in accordance with the provisions of section 62 of this charter.
(59) To fix and establish, and to provide for the collection of, sewer rents and sewage disposal charges, and to alter and amend the same, pursuant to the provisions of the general laws of the State relating thereto. In addition, the City Council shall also have the power to fix and establish by ordinance, and to alter and amend from time to time thereafter, reasonable fees to be paid for new or amended uses of lands or buildings that shall require a new or additional allocation of a portion of the City’s wastewater collection system capacity, and/or wastewater treatment facilities capacity, such fees to include capacity charges, connection fees, impact fees, or similar charges related to the sewer system.
(60) To exercise any powers now or hereafter granted to municipalities under the laws of the State, and not inconsistent with the provisions of this charter; provided, however, that in the event so granted to municipalities, excepting only those powers relating to the amount of taxes that may be assessed upon the grand list, are more extensive than the powers herein contained, the powers so granted shall control.
(61) To provide by ordinance minimum requirements and standards for the subdivision of lands within the corporate limits of the City, including standards and requirements for streets, services, and utilities in such subdivisions; to prescribe penalties for the violation of such standards or requirements; to prohibit such subdivisions and to prohibit the recording or filing of plans for such subdivisions as do not comply with such standards or requirements; and to designate appropriate City officials to pass upon such compliance; provided, however, that no ordinance shall be adopted hereunder until after public hearing thereon. The term “subdivision” as used herein shall mean the division of a tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale or building development, excluding development for agriculture purposes, and shall include resubdivision.
(62) To provide by ordinance a procedure for waiver of process and prosecution by an individual, firm, or corporation notified or accused of a violation of a City of Burlington ordinance by payment to the City of an amount fixed by ordinance, in lieu of such process and prosecution.
(63)(A) To establish and maintain a unified Department of Public Works, the superintendent of which will be designated Public Works Director, said Department to be managed and controlled by the Mayor and City Council. The City Council may by resolution delegate any of its powers relating to the Public Works Department to the Board of Public Works Commissioners.
(B) The Board of Public Works Commissioners shall consist of seven legal voters of the City of Burlington, who shall be appointed by the City Council to serve for the term of three years, and until their successors are appointed and qualified, except as herein otherwise provided.
(C) The City Council with Mayor presiding shall appoint to the Public Works Commission seven legal voters of the City of Burlington. On the first Monday in June, 1988, and every three years thereafter, the City Council with Mayor presiding shall appoint three commissioners to serve a term of three years. On the first Monday in June 1989, and every three years thereafter, the City Council with Mayor presiding shall appoint two commissioners to serve a term of three years. On the first Monday in June 1990, and every three years thereafter, the City Council with Mayor presiding shall appoint two commissioners to serve a term of three years.
(D) The Public Works Director shall have the special and immediate care and practical supervision of the Public Works Department, its personnel, and its facilities and equipment, subject to the authority of the Mayor as Chief Executive Officer and the orders and ordinances of the City Council.
(E) Unless otherwise determined by resolution of the City Council, the Public Works Department shall, in addition to the Director, consist of a Streets Division, Water Division, Waste/Solid Waste Division, Traffic Division, Finance Division, Equipment Maintenance Division/Engineering Division, and Construction Division, each of which shall include a Manager who shall be hired as a City employee by the Director and shall serve subject to the direction of the Director.
(64)(A) Where there is no written rental agreement and notwithstanding 9 V.S.A. § 4467(c), to prohibit, by ordinance, a landlord from terminating a tenancy of rental housing within the City for no cause unless the landlord provides to the tenant written notice of at least 90 days when the tenancy has been less than two years and of at least 120 days when the tenancy has been two years or more.
(B) Unless inconsistent with a written rental agreement or otherwise provided by law, and notwithstanding the provisions of 9 V.S.A. § 4456(d), to require, by ordinance, tenants who wish to terminate a residential tenancy to give actual notice to the landlord at least two rental periods prior to the termination date specified in the notice.
(65) To prohibit increases in rent for rental housing within the City without advance written notice of at least 90 days.
(66) To regulate thermal energy systems in residential and commercial buildings, including assessing carbon impact or alternative compliance payments, for the purpose of reducing greenhouse gas emissions throughout the City. No assessment of carbon impact or alternative compliance payment shall be imposed unless previously authorized by a majority of the legal voters of the City voting on the question at an annual or special City meeting duly warned for that purpose. (Amended 1999, No. M-7, § 4, eff. May 19, 1999; 2003, No. M-14 (Adj. Sess.), § 1a; 2011, No. M-4, § 2, eff. April 4, 2011; 2017, No. M-7, § 2, eff. May 22, 2017; 2019, No. M-6, § 2, eff. May 23, 2019; 2021, No. M-9 (Adj. Sess.), § 2, eff. April 20, 2022; 2021, No. M-19 (Adj. Sess.), § 2, eff. June 7, 2022.)
Structure Vermont Statutes
Title 24 Appendix - Municipal Charters
Chapter 3 - City of Burlington
App § 1. Boundaries defined; powers
App § 3. Election of Mayor and City Councilors
App § 4. Election of School Commissioners
App § 5. Election to be by ballot; method of election; runoff elections
App § 6. Requirements generally
App § 7. Age and residence requirements
App § 8. Person to vote in ward or City district in which the person resides; residence requirement
App § 10. Specified; election; term
App § 11. Performance of duties; terms
App § 13. Vacancies to be filled by City Council
App § 14. List of voters to be prepared; posting
App § 15. Notice of meeting to alter or correct list required
App § 16. Additions or corrections permitted
App § 18. Copies of list to be given inspectors
App § 19. Where elections held; early voter absentee ballots
App § 21. Duties of election inspectors
App § 23. Retained ballots to be delivered to inspectors on demand
App § 24. Record of ballots delivered required; receipts
App § 25. Requirements generally
App § 26. Questions at special meeting to be decided by ballot
App § 27. Presiding officer; powers
App § 28. Warning required; location; voting
App § 29. Checklists to be prepared and posted
App § 30. General laws applicable; exceptions
App § 31. Duties of election inspectors and ward clerks
App § 31a. Establishment of voting precincts within wards permitted
App § 36. Administration; vested in Mayor and City Council; selection and terms of same
App § 40. Quorum; attendance of certain officers may be required
App § 41. Meetings to be public; except
App § 42. Composition; meetings
App § 43. Composition; Board for Registration of Voters; duties; appointments; offices
App § 46. Approval or veto of ordinances by Mayor; reconsideration; item veto on appropriations
App § 47. Ordinances to become valid at expiration of certain period if not returned
App § 50. City Council to establish penalty
App § 51. Ordinance enforcement
App § 52. Court authorized to order abatement
App § 54. Offenders may be liable in damages
App § 55. City Council may authorize sale or lease
App § 56. Council to have powers conferred by statute regarding public burial grounds
App § 57. Manner of taking land for reservoirs, aqueducts, water pipes, etc
App § 58. Council to issue citation that land is to be taken; service
App § 59. Refunding bonds; Council may authorize issuance of bonds
App § 61. Bonds to be signed and contain statement that they conform to applicable provisions
App § 62. Council; School Board; not to pledge credit of City; exceptions
App § 63. Council may pledge credit of City when authorized by voters to do so
App § 64. State law not applicable to section 63
App § 64a. Council authorized to erect sewage disposal plant and issue bonds therefore
App § 64b. Revenue bonds authorized
App § 66. Annual school appropriations
App § 67. Appropriations for park and recreation purposes
App § 68. Authorized expenditures
App § 69. Fiscal year; reports required
App § 71. Approval of property owners required
App § 81. Tax classification; repeal of inventory tax
App § 83. Preparation; contents
App § 84. Composition of books
App § 85. Arrangement of information in books
App § 86. Summary of assessed valuations to be made and constitute an abstract
App § 87. Notice that abstract completed to be given; meetings of assessors
App § 88. Abstracts and certificate to be completed by May fifth
App § 89. Notice of changes and that abstracts and lists are open for inspection to be filed
App § 90. Aggrieved persons permitted to appear before assessors; preliminary review
App § 91. Appeal of assessors decision
App § 93. Alterations in valuation to be entered in “corrected valuation” column
App § 94. Completion of grand list; collection
App § 95. Abstracts sufficient for returns to Secretary of State
App § 97. Forms for books may be altered as directed by State Tax Commissioner; extension of time
App § 98a. A tax ceiling reduction after reappraisal
App § 99. Additional assessment; amount
App § 100. Annual assessment for redemption of bonds authorized
App § 101. Annual assessment to pay bond interest authorized
App § 102. Annual local education spending
App § 102a. Annual assessment for Fire and Police Departments use authorized
App § 102b. Annual assessment for streets use authorized
App § 102c. Annual assessment for library use authorized
App § 102d. Local option sales tax authority
App § 102e. Annual assessment for park use
App § 102f. Annual assessment for Housing Trust Fund use authorized
App § 103. Taxes to be paid in money
App § 104. Taxes to be paid in installments
App § 105. Chief Administrative Officer to give notice upon receipt of tax bills
App § 106. Delinquency assessments
App § 107. When Treasurer to issue warrant against delinquent persons
App § 108. Chief Administrative Officer to collect delinquent taxes
App § 109. Collection after time warrant returnable permitted
App § 110. Chief Administrative Officer to proceed in manner prescribed by law
App § 111. Fees for collection of delinquent taxes
App § 113. Assessments may be collected by suit
App § 114. Council to establish and prescribe nature of connections
App § 118. Mayor to administer oaths
App § 119. Remission of fines authorized
App § 124. Chair; clerk, records
App § 125. Mayor and City Councilors
App § 126. Commissioners and Board of Tax Appeals
App § 127. Department heads and other officers
App § 129. Appointing body or person has power to remove
App § 130. Manner of filling vacancy and residency requirement
App § 131. Dual positions prohibited
App § 132. Mayor, City Council, and other City officials
App § 133. Conflicts of interest
App § 134. Required of Treasurer and other officers handling City funds
App § 135. City Council to approve surety company; costs to be paid by City
App § 136. Officer to be removed from neglect to give bond after notice
App § 138. Duties of Chief Administrative Officer generally
App § 140. Certified copies of records to be made
App § 141. Certification that notices, ordinances, etc., have been posted required
App § 144. Chief Administrative Officer to keep record of notes and bonds issued
App § 145. Record of school bonds to be kept
App § 146. Redeemed bonds, notes, and interest coupons to be kept
App § 147. Chief Administrative Officer to keep separate account of school appropriations
App § 149. Subject to same penalties as State’s Attorneys
App § 150. Duties; liabilities; etc
App § 151. Powers; duties; liabilities; etc
App § 155. Board to act as board of audit; uniform system to be adopted
App § 156. Monthly reports; annual audit
App § 157. Preparation and submission of budget
App § 158. Sinking Fund abolished
App § 159. Selection of official depositary
App § 160. Care and control of public buildings
App § 161. Repairs to public buildings
App § 162. Board authorized to rent portions of public buildings
App § 165. Manner of filling vacancies
App § 169. Powers generally; authority to establish graded schools
App § 170. Authority to establish bylaws and regulations
App § 171. Appointment; compensation; removal; term
App § 172. Duties of Superintendent; commissioners to file monthly report
App § 173. Appointment; duties
App § 174. City to provide, equip, and maintain
App § 175. Commissioners to control location, construction, sale, and purchase
App § 176. Statement showing necessity for construction or purchase required
App § 177. Council to approve purchase or construction
App § 178. Funds for construction or purchase to be provided by tax levy
App § 181. Liabilities to be approved and budget preparation
App § 183. Board of Police Commissioners; composition; terms
App § 184. Same—Powers and duties
App § 185. Officers of police force designated
App § 186. Manner of filling vacancies
App § 187. Force to be maintained; selection of members
App § 188. Manner of appointment
App § 189. Members of force to be retained as long as they remain competent
App § 190. Chief may remove member for cause; hearing
App § 191. Political activity restricted
App § 192. Authority to appoint; defined; powers
App § 193. Service and process; fees allowed
App § 194. Police to have same powers as constables; jurisdiction limited
App § 195. Compensation to be set by Council
App § 195a. Authority of University of Vermont police officers
App § 197. Authority to establish rules and regulations for Fire Department
App § 198. Fire Department; created; members; appointment
App § 199. Department to be under supervision of Chief Engineer
App § 200. Powers of fire commissioners
App § 201. Powers relating to Fire Department
App § 202. Political activity restricted
App § 203. Commissioners to manage parks; composition of Board
App § 204. Records to be kept; annual reports to City Council required
App § 205. Parks and Recreation Department; appointment of Superintendent, and engineer
App § 207. Authorization to establish and alter rules for park operation
App § 208. Determination of location of sewers, water pipes, wires, etc
App § 209. Regulation of planting and care of trees in parks
App § 210. Direction that trees be planted along public grounds and assess abutting land
App § 211. Authority to regulate parking
App § 212. Authority to declare weeds, underbrush, etc., a nuisance and direct removal
App § 213. Issuance of bonds to provide funds for parks authorized
App § 214. Bills and expenses to be approved
App § 215. Definition of “park property”
App § 217. Condemnation of land for park and/or recreational purposes authorized
App § 218. Composition; appointment; terms
App § 220. Bylaws and regulations of Board to have force of ordinances
App § 226. Composition; appointment; term
App § 227. Superintendent/General Manager; duties
App § 229. Authority to create; powers and duties
App § 234. Purposes and powers
App § 235. Council may lay out certain streets; owners’ petition
App § 236. Prior actions regarding streets ratified
App § 237. Rights of property owners
App § 238. Rights of property owners when street discontinued
App § 240. Estimation of probable expenses authorized
App § 241. Decisions regarding assessments to be recorded
App § 242. Proceedings for objections to assessment
App § 243. Assessment lien suspended until final determination
App § 244. Petition for relief not to delay opening or altering of street
App § 245. Copy of final determination to be recorded; assessment to become lien
App § 246. Warrant to be issued upon failure to pay assessment; collection
App § 247. Court to have jurisdiction to determine questioned assessments
App § 248. Establishment and maintenance authorized; assessments
App § 249. Establishment and construction through private lands authorized
App § 250. Assessment of landowners authorized
App § 251. Assessment proceedings and rights
App § 254. Acceptance of service
App § 256. Service on nonresidents
App § 258. Return of citation prima facie evidence of service
App § 259. Proceedings to be postponed until all interested parties notified
App § 260. Manner of giving notice to additional interested parties
App § 261. Proceedings not to be voided for failure to give notice
App § 262. City Council may order improvements upon petition of owners
App § 263. Authorization to make improvements without petition; assessment of costs
App § 265. Statement to be made
App § 266. Chief Administrative Officer to record assessments; notification of owners
App § 267. Deadline for paying
App § 276. Composition; terms; powers; airport management
App § 278. Adoption of bylaws authorized; meetings
App § 279. Local Board to be in lieu of statutory Board; general powers
App § 281. Board of Health authorized to make rules and regulations
App § 282. Powers and duties of Health Officer
App § 284. Maintenance of Retirement Fund; Retiring Board; sources of Retirement Fund
App § 285. Trustees of Fund designated; powers; officers
App § 286. Board of Medical Examiners—Created; duties; composition; terms; compensation
App § 287. Retirement generally
App § 288. Reexamination of person on retired list; reappointment, etc
App § 289. Record of proceedings to be kept; report to City Council required
App § 299. Rights, duties, and liabilities of City to remain as existing at time of organization
App § 300. Copy of charter to be kept in office of Chief Administrative Officer
App § 301. Designation of chapter
App § 303. Alteration, amendment, or repeal of charter
App § 306. Reserve Fund of Light Department not to be increased without vote
App § 322. Establishment of Commission
App § 323. Expansion of Church Street Marketplace District and/or Marketplace
App § 324. Purposes and powers
App § 327. Powers supplemental; construction
App § 330. Board of Tax Appeals
App § 331. Creation of Community and Economic Development Office
App § 332. Purposes and powers
App § 333. Department to be under supervision of Director
App § 351. Creation of Burlington City Arts
App § 352. Purposes and powers
App § 353. Department to be under supervision of Director
App § 361. Creation of Human Resources Department
App § 362. Purposes and powers
App § 363. Department to be under supervision of Director
App § 370. Creation of Department of Permitting and Inspections
App § 371. Purposes and powers
App § 372. Department to be under supervision of Director
App § 373. Powers, duties, and responsibilities of Zoning Administrative Officer
App § 401. Revisions effective without publication
App § 405. Authority to establish system
App § 407. Direction to budget funds for system
App § 408. Existing provisions to remain valid until new provisions adopted
App § 415. Authority to construct and maintain an electric plant
App § 416. Authority to construct, maintain, and operate a gas-generating and distribution plant
App § 417. Authority to acquire property for purposes of sections 415 and 416 of this charter
App § 419. Operation of gas business
App § 420. Procedure for exercising eminent domain right
App § 421. Issuance of bonds authorized
App § 422. Rates sufficient to pay for services and bonds to be charged
App § 423. Bond issuance to be approved by voters
App § 432. Electric plant; improvement of
App § 435. Same—pledge of revenues
App § 437. Same—Anticipation notes
App § 439. Same—rights of holders
App § 441. Rates; payment by municipal agencies
App § 443. Energy conservation facilities
App § 444. Construction of article
App § 448. Powers exercised through City Council
App § 449. Authority for joint venture for telecommunications
App § 501. City of Burlington utility facilities; taxation of