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HomeMy WebLinkAboutMinutes - City Council - 04/03/2017 CITY COUNCIL 3 APRIL 2017 The South Burlington City Council held a regular meeting on Monday, 3 April 2017, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; T. Chittenden, T. Barritt, M. Emery (by phone for part of the meeting ALSO PRESENT: T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; D. Kinville, City Clerk; R. Belair, Administrative Officer; M. Leugers, Recreation Director; H. Baker, T. Ladd, D. Champine, M. Simoneau, B. Melizia, J. Kochman, B. Leonard, K. Decker 1. Directions on emergency evacuation procedures from conference room: Mr. Hubbard provided directions for evacuating the conference room in case of an emergency. 2. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Comments & Questions from the public not related to the agenda: Ms. Decker encouraged Council members and the public to attend a fund-raising event for a City Arts Center to be held on 23 April, 7-9 p.m., at the Double Tree. 4. Announcements and City Manager’s Report: Members of the Council reported on meetings and events they had attended. Mr. Hubbard: Noted the new windows in the Conference Room. He also thanked the Recreation Department for cleaning up the area. The City Manager is on vacation until 17 April. Mr. Conner and Ms. Holm are working with Committee Chairs on how their committees can provide input into budget discussions. 5. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 20 March and 6 February 2017 c. Signing of State of Vermont Ce4rtificates of Completion and Opening of a Highway for Public Travel Forms for Link Road and Goldenrod Road Members agreed to pull the minutes of 6 February from the Consent Agenda. Mr. Chittenden moved to approve the Consent Agenda minus the Minutes of 6 February. Mr. Barritt seconded. Motion passed 3-0. 6. Council Member Committee Assignment Reports: Ms. Riehle reported that at the Channel 17 meeting there was good news in that Channel 17 has successfully coordinated with other public access channels and have upgraded their band width. There is now a central depository for all meetings they cover. Later in April, Channel 17 will be testing the live streaming of City Council meetings. Ms. Riehle also noted that a lot of the money that supports public access is part of a Public Service Board license with Comcast. Comcast charges a certain amount per subscriber. Channel 17 has asked for an increase in hardware, and Comcast contested this at the Public Service Board license renewal. The PSB ruled in favor of Channel 17 because of things Comcast had promised to do and never did. Comcast is contesting that ruling. 7. Liquor Control Board (previously item #11): Mr. Chittenden moved that the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed 3-0. Members considered the following applications: Sheraton VT Corp (2 first class) & entertainment; Maplefields @ Airport (2nd), Jolley #107 (second class), Gracey’s Liquor Store (second class), Bueno Y Sano (1st class), Walgreen’s (second class), Bourne’s (second class), Skinny pancake (1st class), Interstate Shell (second class), Homewood Suites (1st class), Pour House (1st class), Gonzo’s (1st class & outside consumption), Green Mountain Suites (1st class & outside consumption) (x2), Zachary’s (1st class), Vt National CC (1st class (2), second class), Maplefields (second class), Windjammer (1st class & outside consumption), CVS (second class), Champlain Farms (second class (3), Kinney Drugs (second class), Outback (1st class), Cheese Traders (second class), Mill Market (second class), Farmer’s & Foragers (1st class), Marco’s (1st class), Price chopper (second class), Eagles Club (2 first class & outside consumption), Olive Garden (1st class), Moose Lodge (1st class and entertainment), Hannaford Super & Pharmacy (second class) No issues were raised. Mr. Barritt moved to approve all the applications as presented. Mr. Chittenden seconded. Motion passed 3-0. Mr. Barritt moved to reconvene as City Council. Mr. Chittenden seconded. Motion passed 3-0. 8. (previously item #12) Other Business: Mr. Chittenden said that a student had contacted him wanting to present something to the Council on the “safe haven” concept where people can drop off opiate-related things with no questions asked. He noted that this is working in New Hampshire, and the student wants to possibly extend it to South Burlington. Mr. Hubbard noted there is a community forum on opiate concerns on 20 April. 9. (previously item #7) Top Dog and First Feline Contest Winners Drawing: Ms. Kinville said this has been another successful year for dog and cat registrations (991 dogs and 233 cats), 129 more than last year. She also thanked the sponsors for providing the gifts to the contest winners. In the drawing, “Top Dog” is owned by Roseanne Greco, and First Feline is owned by Patrick Benner. Pictures of the winners will be displayed in City Hall. 10. (previously item #8) Ordinance First Readings: Further discussion of the Peddlers Ordinance; possible repeal of Bicycle Ordinance; and amendments related to smoking in the Ordinance Regulating conduct in Public Parks: Mr. Bolduc reminded the Council that they had wanted to hear from Mr. Belair regarding the Peddlers Ordinance. Mr. Belair said that 17 Peddlers Licenses were issued last year for door-to-door sales (primarily of solar panels), uniform sales, Farmers Market, Christmas tree sales, and food trucks. Most permits go for 3 months. The Farmers Market is for 5 months. Mr. Belair noted that some of the food vendors would like longer than 3 months. There is a more “permanent” option under the LDRs for a Seasonal Mobil Food Unit which also allows for seating. Mr. Belair noted the intent is for these uses to be “temporary,” though some of the vendors want something more “flexible.” Vendors on city property can be exempt from the license requirement. Mr. Bolduc said it is a “balancing act.” If a use is every day, it is then not a “peddler,” and there are business owners who have an issue with more “permanent peddlers” who don’t pay taxes as the business owners have to do. Ms. Emery, who joined the discussion via phone, said that in Austin, Texas, food trucks are part of the neighborhood. She questioned whether the city would like to consider that as it could make City Center a more attractive place. Mr. Barritt asked whether an “indoor farmers market” would have to be defined. Mr. Belair said that if it is indoors, it is considered a “retail use.” Location determines the kind of permit a vendor needs. He added that there are some “fixed indoor events” such as craft shows, gun shows, etc., for which each vendor needs a permit (which they usually don’t get). Mr. Belair said he didn’t feel the individual vendors should need a permit. Mr. Chittenden noted that only “door to door” peddlers need to get Police approval. Mr. Bolduc said the reason for that is that those vendors are going to people’s homes. Mr. Chittenden questioned whether that should apply to more than just door to door peddlers. Mr. Belair suggested that Chief Whipple might have an opinion about gun shows. Ms. Riehle asked if 3 is the “magic number” for a peddler. Mr. Belair said some want only one month, to “test the waters.” Others, who have done it before, are comfortable with 3 months. Mr. Riehle said she felt flexibility makes sense. Mr. Hubbard asked if the Council is OK with moving forward with the Ordinance as presented and allowing staff to come back with any proposed updating at a later date. Mr. Bolduc urged caution about “unintended consequences” and suggested a possible separate ordinance for food trucks. Ms. Emery said she didn’t want vendors avoiding property taxes. Mr. Barritt moved to approve the Peddlers Ordinance as proposed and authorize the publication of a short and concise one paragraph description of the effects of the proposed ordinance to be published in a newspaper of general circulation in the City, once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Mr. Chittenden seconded. Motion passed 4-0. Mr. Bolduc then explained that the Bicycle Ordinance is from the 1980’s. It was sent to the Bike-Ped Committee which unanimously voted to abolish it. Mr. Barritt moved that the Council repeal the Bicycle Ordinance and authorize the publication of a short and concise one-paragraph description of the effects of the ordinance to be published in a newspaper of general circulation in the City, once, together with a notice of the time and place where and when there shall be a public hearing to consider the repeal of same. Mr. Chittenden seconded. Motion passed 4-0. Mr. Bolduc then noted that Ms. Leugers had brought the proposed Smoking Ordinance to him. It uses the Burlington model. Ms. Leugers said that health/wellness are keys to the Recreation program, and the elements of this ordinance are the norm across the country. It uses the State’s definition of smoking and would prohibit such smoking in all city parks. There would be no fines as the concern is for health. Mr. Barritt moved that the Council pass the Ordinance Related to Conduct in Public Parks as proposed and authorize the publication of a short and concise one-paragraph description of the effects of the proposed ordinance to be published in a newspaper of general circulation in the City, once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Mr. Chittenden seconded. Motion passed 4-0. 11. (previously item #9) Presentation/update on programs and activities from the Recreation & Parks Department: Ms. Leugers introduced members of the Department and the Parks & Recreation Committee. She stressed that it takes a team to make things work. Ms. Leugers noted that in the previous year, 96% of participants in recreation activities are residents, 4% non-residents. Activities generated 3892 volunteer service hours. The Department usually runs 20 events a year and 400 different programs/activities. These are staffed by an additional 60 seasonal workers. The Mini Bus saw 1500 riders this year, and school bus programs/events had 2500 riders. The city maintains 10 parks and 12 natural areas for a total of 536 acres. In the past year 7,933 persons enrolled in programs, including youth, teens and adults (this does not include duplicate enrollments) which resulted in 57,082 participation hours. There were youth scholarships for events in the amount of $8000 (plus significant funding from the State). With all of this participation, Ms. Leugers said they are still underserving people, particularly millennials and adults. Ms. Leugers then reviewed the values under which the Department operates, including: healthy lifestyles, integrity, dependability, growth/diversity, teamwork/partnership, and stewardship of the land. The Three Pillars of Recreation and Parks are: Conservation, Health & Wellness for All and Social Equity. With regard to parks, Ms. Leugers noted that the change in management of Red Rocks Park has improved the overall experience in the Park. She suggested the city consider “reciprocity” with other communities for use of each other’s parks. Members felt this was a good idea. Ms. Leugers cited significant improvements at Wheeler Nature Park done by a UVM Intern and the Vermont Youth Conservation Corps. This project saved the city $24,000. Work included 3 boardwalks, 2 bridges, 14 drainage structures, 11 stepping stones, and 650 feet of trail maintenance for a total of 1290.5 service hours. Ms. Leugers also cited the work of the Winooski Valley Park District and showed slides of work that has been accomplished in the city’s parks. With regard to recreation, Ms. Leugers noted that City Fest was a huge success. This coming year’s event will run from 5‐9 p.m. Ms. Leugers cited the support of the Rotary Club and all City Departments and the School District in making this event a success. Ms. Leugers then outlined the goals of the Department as follows: 1. A comprehensive master plan for the department 2. Additional park land acquisition 3. Partnership with local businesses 4. Continued working with UVM, Youth Conservation Corps, Winooski Valley Park District 5. Advocacy for funding for indoor facility/space A video of last year’s events was then shown. The phone communication with Ms. Emery was ended at about this point. 12. (previously item #10) Review the Status of Planned Open Space Projects Utilizing Open Space Funds designated for this purpose: Ms. Leugers said there is a 3-year projection. To date, $36,000 has been spent and quite a lot has been accomplished. She showed a chart of completed projects and the status of projects at Red Rocks, Wheeler, and Underwood. Mr. Ladd noted that on April 29, volunteers will be removing invasives from Dumont Park. Ms. Leugers said a professional will be overseeing this activity, supported by private funding. Ms. Leugers also showed a prototype of signage that will be used in the parks. A new event being planned for the parks is a “Yappy Day” for people and their dogs. Mr. Chittenden noted that there seems to be a decreasing amount of “lake scene” at Red Rocks because of the growth of trees. He asked about possible trimming. Ms. Leugers said she would speak with the City Arborist about regulations, etc. Ms. Leugers also thanked the city for the ½‐cent approval which helps to make good things happen. Other Business Continued: Members considered the Minutes of 6 February. Mr. Chittenden noted the Council had voted against the proposed changes, and he still felt they don’t belong there. Mr. Barritt moved to approve the revised Minutes of 6 February 2017 as presented. Ms. Riehle seconded. The vote on the motion was 2-1, and the motion was deemed to have failed as there was not a majority of the Council in support. 13. Executive Session: Mr. Barritt moved that the Council enter into executive session for the purpose of discussing the negotiation or securing of real estate for purchase or lease by the City of South Burlington, inviting Mr. Hubbard to attend as well. Mr. Chittenden seconded. Motion passed 3-0. Following the executive session, as there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed 3-0. The meeting was adjourned at 9:20 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 04/04/17 Date Check No. Paid To Memo Amount Paid 4/4/2017 3166 Office Essentials 110.37 Date Voucher Number Reference Voucher Total Amount Paid 3/20/2017 VI-14225 33736 110.37 110.37 4/4/2017 3167 E.J. Prescott, Inc. 156.84 Date Voucher Number Reference Voucher Total Amount Paid 3/10/2017 VI-14226 5207288 156.84 156.84 4/4/2017 3168 Office Essentials 199.99 Date Voucher Number Reference Voucher Total Amount Paid 3/27/2017 VI-14227 33771 199.99 199.99 4/4/2017 3169 SoVerNet, Inc. 40.53 Date Voucher Number Reference Voucher Total Amount Paid 3/15/2017 VI-14224 3740359 40.53 40.53 Total Amount Paid: 507.73 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: March 30, 2017 Page 1 of 1 MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq. City Attorney DATE: 4/3/17 RE: Continued Discussion of Proposed Amendments to the Peddlers Ordinance Background Peddlers and farmers markets are licensed and regulated under the South Burlington Peddlers Ordinance. The City Council adopted the Peddlers Ordinance on July 18, 1983. It amended the Peddlers Ordinance on April 1, 1991, October 4, 2005, May 3, 2010, and May 16, 2011. The current Peddlers Ordinance is available on the City’s website. At the March 20, 2017 City Council meeting, the City Council raised some questions regarding a potential desire to add some flexibility and extend the length of a peddler permit. The City Zoning Administrator, Raymond Belair, who administers this ordinance, will be available at the April 3, 2017 meeting to answer any unanswered questions and to discuss possible further amendments to the ordinance. Attached with this memo is the original proposed amendments to the ordinance, as well as a provision in the South Burlington Land Development Regulations that may be relevant to further discussion. Current Proposed Amendments As part of the City’s ordinance update project, several amendments to the Peddlers Ordinance are proposed. Most of these amendments are technical in nature and intended to accomplish the following: • Update penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. • Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. • Standardize the Ordinance’s organization, formatting, and font. Proposed amendments to Section 4(C) clarify that the Police Department is only required to conduct criminal background checks for applicants seeking a license for door-to-door sales. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Some non-substantive changes to organization, grammar, spelling, capitalization, and section titles may not be specifically indicated. A copy of the Ordinance with the proposed amendments are attached. Recommendation It is requested that the City Council consider and discuss proposed amendments to the Peddlers Ordinance, pass the Ordinance amendments as presented or as presented and amended after further discussion, and set a date for second reading and a public hearing on the proposed amendments. Peddlers Ordinance PEDDLERS ORDINANCE 2 City of South Burlington Ordinance Peddlers Ordinance First Reading Draft Mark-up jb 3.2.17 Table of Contents 1. Purpose and Authority ...................................................................................................................... 3 2. General Definitions ........................................................................................................................... 3 3. Exclusions .......................................................................................................................................... 4 4. Licensing of Peddlers ........................................................................................................................ 4 5. Peddling Regulations ......................................................................................................................... 5 6. Enforcement ..................................................................................................................................... 6 7. Civil Penalty; Waiver Fee ................................................................................................................... 7 8. Other Relief ....................................................................................................................................... 7 9. Severability ........................................................................................................................................ 7 PEDDLERS ORDINANCE 3 City of South Burlington Ordinance Peddlers Ordinance First Reading Draft Mark-up jb 3.2.17 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is adopted by the City Council of South Burlington under authority conferred by 24 V.S.A. §2291 (9) and Sections 103 and 104 of the City Charter. It is the purpose of this Ordinance to regulate the activities of peddling within the City of South Burlington for the protection of the public health, safety, welfare, and convenience, to maintain safe and efficient pedestrian and automotive traffic movement, and to protect the residents of South Burlington from unscrupulous, fraudulent and immoral business practices. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General Definitions For purposes of this ordinance, the following words and/or phrases shall apply: The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City Manager Includes the City Manager and his/her designee. Farmers Market An outdoor market open to the public, operated by one or more Sponsors. All agricultural products including food, fiber, plants, or flowers shall be grown in Vermont. All prepared foods shall be prepared in Vermont by the vendor. All craft products shall be hand crafted in Vermont by the vendor. Peddler A person who travels by foot or utilizes a wagon, motorized vehicle, pushcart, or similar type of conveyance, along the streets, sidewalk, and other public places within the City of South Burlington, or who, on a Temporary basis, hires, leases, or occupies a building (or portion thereof), structure, or land within the City of South Burlington, and thereon or therefrom offers, displays, or exposes for sale goods, wares, merchandise, food (including fresh farm produce), or similar products, or who thereon or therefrom offers to purchase goods, wares, merchandise, food, or similar products. Peddler shall not include a delivery type of service (i.e.e.g., UPS, Fed Ex, food deliveries). Traveling – Means mMoving along the City streets with a motor vehicle for the purpose of selling goods (i.e. e.g., ice cream, vegetables, etc.) which does not include Door-to-door sales. Door-to-door – Means gGoing by foot from one building to another building for the purpose of selling goods or services. Fixed – Mean pPeddling from one (1) location for the duration of the Peddler’s license. Sponsor Any individual or organization with which a Peddler is economically affiliated, in relation to peddling, in an employer-employee, master-servant, independent contractor, agency, joint venture, or similar arrangement. Includes a fFarmer’s mMarket operator or manager. Temporary Shall mean aA continuous period of use or occupancy of less than ninety (90) days. PEDDLERS ORDINANCE 4 City of South Burlington Ordinance Peddlers Ordinance First Reading Draft Mark-up jb 3.2.17 3. Exclusions This Ordinance shall not be construed as impairing the rights conferred by 24 V.S.A. §2181. The license fee requirement imposed by Section 24(B) below, shall not apply in respect to an individual or organization that qualifies for an exclusion set forth in is a tax-exempt, nonprofit organization under Section 501(c) of the U.S. Internal Revenue Code. 4. Licensing of Peddlers (A) It shall be unlawful for any resident or nonresident to operate a Farmers Market or engage in peddling activities within the City without first obtaining a license therefore pursuant to this section. (B) Peddlers and Farmers Market Sponsors shall file an application with the City Manager on a form provided by the Manager, which application shall include a license fee of $ __________, and shall provide the following information: (1) Applicant’s name, home and business addresses, and telephone number. Names of licensed employees (no more than two). (2) Name, address, and telephone number of applicant’s employer or Sponsor of applicant’s peddling activities. (3) A description of the goods to be peddled, the manner and locale to be used in offering goods for sale, and in the case of fresh produce, whether such items are the produce of lands owned or rented by the applicant or his/her Sponsor. (4) If a motorized vehicle or trailer is to be used, a description of same together with license number, registration number, or other identification. (5) A photograph of the applicant and any employees taken within sixty (60) days of the date application is filed, which picture shall be two (2) inches by two (2) inches clearly depicting applicant’s head and shoulders. (6) A statement of whether the applicant has been convicted of any crime or municipal ordinance violation, including a description of the offense, and the penalty assessed therefore. (7) Identification of any liability insurance policies, with a statement of policy limits, available to cover any injury or damage resulting from the applicant’s activities in the City of South Burlington. (8) Signature of property owner(s) where a Peddler operating in a Fixed location or a Farmers Market is to be located. (C) The City Manager shall preliminarily review each application for accuracy, completeness, and compliance with the terms of this Ordinance. The application shall then be referred to the South Burlington Police Department for investigation. The Police Department shall conduct a background check, including a history of criminal convictions, for all applicants seeking a license for Door-to-door sales. Information received from the background check shall be considered by the City Manager in determining whether a license shall be issued. The City Manager shall either issue or deny a Peddler’s license within fourteen (14) days of his or her receipt thereof. Said time period may be extended by the mCity Manager upon written notice to the applicant if unusual circumstances so require. Denial of a license shall be accompanied by a written statement of grounds for such denial. The applicant may appeal the denial of a license to the South Burlington City Council within seven (7) days of the City Manager’s decision. PEDDLERS ORDINANCE 5 City of South Burlington Ordinance Peddlers Ordinance First Reading Draft Mark-up jb 3.2.17 (D) Prior to the issuance of a license pursuant to this Ordinance, the applicant shall file with the City Clerk an instrument nominating and appointing the City Clerk his or her true and lawful agent with full power and authority to acknowledgeaccept service of notice or process for and on behalf said applicant in respect to any matters connected with or arising out the business transacted under said license. The instrument filed with the City Clerk shall also contain recitals to the effect that said the applicant for said license consents and agrees that service of any notice or process may be made upon the City Clerk, and when so made shall be taken and held to be valid as if personally served upon the person or persons applying for the said license under this Ordinance, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. Immediately upon service of process upon the City Clerk, as hereinabove provided, the City Clerk shall send to the licensee at his last known address, by registered mail, a copy of said process. (E) Each license shall be effective for a one (1) month period and may be renewed for two (2) additional periods of one (1) month each, during a calendar year. Each license shall authorize the conduct of peddling activities throughout the geographic limits of the City. No license issued pursuant to this Ordinance shall be displayed or used by any individual other than the person to whom it is issued or employees specifically designated on said license. The licensee shall display his/her license at all times when conducting peddling activities. A license may be used by up to two employees of the applicant if said employees are listed on the applications and noted on the face of the license. A license shall only be effective for a single location at any given time. (F) The City Council shall be authorized to set the license fee required by Section 24(B) of this Ordinance by resolution as they City Council, from time to time, deems appropriate. (G) Notwithstanding Section 24 (E) above, a license for a Peddler that sells goods from a motor vehicle while traveling the City streets and has no Door-to-door sales may be effective for up to one (1) year from the date of issuance. The motor vehicle under this license can only stand for short periods of time for the purpose of delivering the goods sold. (H) Notwithstanding Section 24(E) above, a license for a Sponsor operating a Farmers Market may be effective for up to five (5) months from the date of issuance. No Farmers Market shall operate more frequently than one (1) time per week. (I) A Farmers Market shall be permitted to include temporary seating for up to sixteen (16) individuals on the premises. Such seating shall be both installed and removed on the day of the Farmers Market, unless approved as permanent seating under the City’s Land Development Regulations. 5. Peddling Regulations (A) Breach of any provision of this Ordinance shall be cause for license revocation and any other remedy set forth in Section 6 below. (B) Peddling activities shall not be conducted in such a manner as to obstruct or interfere with motor vehicle traffic on the traveled portion of any City road, nor shall a Peddler conduct activity in a locale which is not clearly visible to oncoming traffic. Peddling activities shall not interfere with pedestrian movement, block sidewalks, or obstruct crosswalks. No Peddler shall operate in a manner which obstructs official traffic signs. No peddling is permitted between the curbs (on the traveled portion) of the following roads: Williston Road, Dorset Street, Kennedy Drive, and Shelburne Road. PEDDLERS ORDINANCE 6 City of South Burlington Ordinance Peddlers Ordinance First Reading Draft Mark-up jb 3.2.17 (C) Peddling activities shall not be conducted in such a manner as to require or have the effect of requiring patrons to park on off-site, privately-owned land without written consent from said property owners. (D) No Peddler shall shout, cry out, or use any sound-making device (including horns, bells, loudspeakers, sound amplifying systems) from the City’s streets, sidewalks, or other public property in a manner which disturbs the peace or constitutes a public nuisance. (E) No Peddler shall physically accost, restrain or otherwise interfere with the free movement of any individual during the course of peddling activities, nor shall any Peddler engage in misleading, fraudulent or offensive business practices. (F) Peddlers shall be limited to the use of only one sign promoting his/her activities which sign cannot be in excess of ten (10) square feet in surface display area nor stand more than four (4) feet above the ground level. For the purpose of this Ordinance, banner, pennants, flags and other similar items shall be considered signs. No sign shall be affixed to public or private property without obtaining prior approval therefore from the owner of said property. No sign shall be placed in such a manner as to obstruct or interfere with traffic. The use of signs with moving parts or illuminated signs that create the appearance of movement are prohibited. The use of string lighting is prohibited without the prior written approval of the City Manager. In the case of a Farmers Market, the sign shall not exceed thirty two (32) square feet in surface display area, shall not stand more than eight feet, six inches (8’, 6”) above ground level, shall be erected no more than two (2) full days prior to the public operation of the Farmers Market and shall be removed at the close of the Farmers Market on each day it is in operation. (G) The City Manager shall not issue a Peddler’s license for any peddling activity within the public streets, unless such activity has obtained approval as a temporary use under the South Burlington Land Development Regulations. 6. Enforcement Any person who violates a provision of this Ordinance or who violates any condition of a license issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. The South Burlington Code Officer shall be authorized to act as the Issuing Municipal Official to issue and pursue before the Judicial Bureau a municipal complaint. Each day the violation continues shall constitute a separate violation. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. (A) Each violation of this Ordinance shall be subject to a $50.00 fine; each day a violation continues shall constitute a separate offense. (B) A Peddler’s license may be revoked or suspended by the City Manager without reimbursement of any fee for:  Misrepresentations on an application;  South Burlington Police Department or City Council determination that Peddler’s conduct demonstrates a lack of suitable business or moral character;  Conviction of a federal or state law violation or Ccity Ordinance;  Violation of the provisions of this Ordinance or other City of South Burlington regulations. PEDDLERS ORDINANCE 7 City of South Burlington Ordinance Peddlers Ordinance First Reading Draft Mark-up jb 3.2.17 Any revocation or suspension pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation or suspension. (C) Any violation of this Ordinance may be enforceable by injunction or other action available at law. 7. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First Offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 8. Other Relief (A) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief or to pursue any other remedy authorized by law. (B) A Peddler’s license may be revoked by the City Manager without reimbursement of any fee for: (i) misrepresentation on an application; (ii) violation of the provisions of this Ordinance or other City ordinances; or, (iii) where there is a risk to public health or safety. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the Clerk of the Council within ten (10) days of such revocation. 9. Applicability and Severability (A) This Ordinance controls only those activities treated and does not supersede any state or federal law or consistent local regulation. (B) Any part or provision of this Ordinance shall be considered severable and the invalidity of any part or section shall not be held to invalidate any other part or provision of this Ordinance. PEDDLERS ORDINANCE 8 City of South Burlington Ordinance Peddlers Ordinance First Reading Draft Mark-up jb 3.2.17 Adopted at South Burlington, Vermont this _____ day of __________________, 2017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2017. _________________________________ Donna Kinville, City Clerk Ordinance Regulating Conduct in South Burlington Parks PARKS ORDINANCE 2 City of South Burlington Ordinance PROPOSED AMENDMENTS Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions ............................................................................................................................ 3 3. General Provisions ................................................................................................................ 3 4. Conduct ................................................................................................................................ 3 5. Camping; Boating; Fishing; Bathing ...................................................................................... 4 6. Fires ...................................................................................................................................... 4 7. Refuse ................................................................................................................................... 4 8. Traffic .................................................................................................................................... 4 9. Recreation Path .................................................................................................................... 5 10. Animals; Plants; Wildlife ....................................................................................................... 6 11. Hours and Fees ..................................................................................................................... 6 12. Permit System ...................................................................................................................... 6 13. Closed Areas ......................................................................................................................... 7 14. Enforcement ......................................................................................................................... 7 15. Civil Penalty; Waiver Fee ...................................................................................................... 8 16. Other Relief .......................................................................................................................... 8 17. Severability ........................................................................................................................... 8 The Council of the City of South Burlington hereby ordains: PARKS ORDINANCE 3 City of South Burlington Ordinance PROPOSED AMENDMENTS 1. Purpose and Authority This Ordinance is enacted by the City Council pursuant to authority it is granted under 24 V.S.A. Chapter 67, 24 V.S.A. Section 2291, 18 V.S.A. Chapter 37, and Section 104 of the South Burlington City Charter. The purpose of this Ordinance is to ensure all citizens of South Burlington that the parks of the City will be clean, safe and enjoyable places for people to engage in the recreation pursuits of their choice. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park All recreation facilities and lands regarding which the City of South Burlington holds a legal interest for open space and recreation use, whether such lands are developed or undeveloped. “Park” includes, but is not limited to, playgrounds, open spaces, conservation areas, recreation and bicycle paths, trails, beaches, pathways, as well as public parks. “Park” shall also include property regarding which the South Burlington School District holds a legal interest at such time as the District provides the City Council with written authority to regulate conduct on such property and the Council by resolution accepts said authority. Recreation and bicycle paths shall not include roadways identified by the City as “bicycle routes” where a bicycle path or lane is not specifically defined on such roadway. Smoking The possession and use of lighted “tobacco products” or possession and use of “tobacco substitutes” as those terms are defined in 7 V.S.A. § 1001, as now enacted or hereafter amended. 3. General Provisions (A) City Parks will be operated, maintained and supervised by the South Burlington Recreation Department. (B) Visitors use the South Burlington Parks at their own risk. The City is not responsible for theft, personal injury, property damage or any other loss. Such losses, however, should be reported to the City Recreation and Police Departments. 4. Conduct (A) It shall be unlawful to post bills, cut, deface, write upon, remove or destroy any tree, shrub, rock, signs, buildings, tables, benches, fireplaces, grills or other structures or equipment, facilities or park property, or appurtenances whatsoever. (B) No person shall engage or participate in, aid, form, or organize any assembly or group, or make speeches, or conduct programs of entertainment in any City Park unless a permit has been issued pursuant to Section 12 hereof and said permit is carried by the person directing or leading such activity. This subdivision does not apply to educational activities of students under school direction, or to government agency activity within the scope of the functions of such agency. (C) No person shall disturb the peace, endanger the public safety, use obscene or profane language or prevent the use of City Parks by others. PARKS ORDINANCE 4 City of South Burlington Ordinance PROPOSED AMENDMENTS (D) Drinking of alcoholic beverages in City Parks is strictly forbidden, unless the individual is a member of a group that has been issued a permit by the Recreation Department pursuant to Section 12 hereof, and such permit specifically sanctions the drinking of alcoholic beverages. (E) Firearms of any description, air rifles, gas weapons, slingshots, bows and arrows, firecrackers, and explosives are prohibited and shall not be displayed or discharged in City Parks. Firework displays may be permitted by permit. (F) Smoking shall be prohibited in all Parks including all City playgrounds, natural areas, beaches, athletic fields, bleachers, as well as event areas and venues. It shall be within the discretion of the Director of Recreation and Parks to designate specific smoking areas within any Park as well as to post and maintain “No Smoking” signs clearly and conspicuously throughout the smoke-free areas of the Parks. 5. Camping; Boating; Fishing; Bathing (A) Overnight camping is prohibited unless such activity is confined to areas specifically designated by the Recreation Department for that purpose. (B) Boating and fishing are not permitted in any area designated for swimming use. (C) Bathing and swimming are allowed only in areas designated, and all persons swimming or bathing do so at their own risk. Changing clothes except in bathhouses provided by the Recreation Department is prohibited. Use of inflatable or other types of swimming aids is prohibited except in areas designated for such purpose by the Recreation Department. 6. Fires (A) Fires shall be built only in outdoor fireplaces provided by the City or in grills in designated picnic areas. There will be no fires on the trail system. (B) Portable stoves may be used only in designated picnic areas. Such stoves, when in use, shall be placed on charcoal grills or outdoor fireplaces, and not upon the ground, adjacent woods, refuse receptacles, picnic tables or benches. (C) Fires shall not be left unattended. 7. Refuse (A) Refuse, rubbish, garbage or other trash of any nature shall not be left in City Parks except in receptacles where provided. (B) No glass containers are permitted within Park boundaries. (C) No person shall pollute the waters of any City Park through the deposit of any foreign material therein. 8. Traffic (A) Pedestrians have the right of way on all Park roads. (B) All persons driving motorized vehicles shall obey all traffic signs and directions of Park employees and shall park only in areas designated for that purpose. PARKS ORDINANCE 5 City of South Burlington Ordinance PROPOSED AMENDMENTS (C) The speed limit on all Park roads is 15 M.P.H. unless otherwise designated. (D) Where an entrance gate and attendant’s booth has been provided at any City Park, operators of motor vehicles entering such Parks shall pay the requested fee and retain the ticket received from the attendant as a receipt. (E) Motor vehicles, including motorcycles and motorbikes, are prohibited on foot trails and other areas other than on roads maintained for public vehicular traffic. Bicycles may be used only on designated trails at designated times. (F) All-terrain vehicles (ATV) and snowmobiles are not permitted within the boundaries of City Parks, except within areas designated for such use by the City Recreation Department. 9. Recreation Path (A) All motorized vehicles of every kind and description are prohibited from driving on the South Burlington Recreation Path, except as follows: (1) Emergency response vehicles and authorized City maintenance and enforcement vehicles; (2) Vehicles crossing the path at designated crossing points such as intersections and driveways; (3) Vehicles traveling on Lindenwood Drive, to the extent necessary to avoid potential conflicts with other vehicles; and (4) Motorized wheelchairs. (B) Skateboards and horses are prohibited from the Recreation Path. (C) Racing of bicycles is prohibited on the recreation path, unless approved by the Director of Recreation and Parks. (D) Pedestrians have the right of way on the Recreation Path. (E) Users of the recreation path shall observe and obey the following rules: (1) All users shall stay to the right side of the path except when passing. (2) Passing shall be done on the left of the person(s) being passed. Users shall warn others prior to passing them by announcing “passing to your left” or some other suitable warning. (3) Users shall travel single file when necessary for safety. (4) Users shall obey all applicable traffic rules and regulations, including coming to a complete stop at all stop signs. (5) Bicyclists shall stop at all stop signs, and shall walk their bicycles in any area posted for walking only. (6) All users shall travel only at such speeds and in such a manner as is safe under the circumstances, including current weather conditions and the condition of the path surface. (F) All dogs must be leashed on a maximum 6’ leash. Dog feces shall be removed from the Recreation Path and the right-of-way by the person responsible for the dog. PARKS ORDINANCE 6 City of South Burlington Ordinance PROPOSED AMENDMENTS (G) No person shall have use of the Recreation Path for commercial purposes unless first receiving the express approval of the City Council. (H) No person shall litter on or adjacent to the Recreation Path. 10. Animals; Plants; Wildlife (A) Except where prohibited under Subsection (E) below, domestic animals are permitted within the City Park boundaries when under the control of the owner. (B) Horseback riding is prohibited within City Parks, except in areas specifically designated for such purpose by the Recreation Department. (C) Within the boundaries of any Park, trees, shrubs, flowers, ferns, or other plants shall not be lifted or picked by park visitors. No stones, rocks, birds or animals shall be removed. Removal of bark from trees by any means whatsoever is prohibited. Cutting and removal of firewood is prohibited unless specifically authorized in writing by the Director of Recreation and Parks or City Manager. Axes, hatchets, shovels, chainsaws, picks, handsaws, and all other tools used to dig, cut or build are specifically prohibited within City Parks except where expressly authorized by way of a permit issued pursuant to Section 12. (D) No person shall disturb or injure any animal within the confines of a City Park, nor disturb any animal habitat. (E) Domestic animals shall be prohibited at all times from the beach area at Red Rocks Park and the adjoining water of Lake Champlain. Dogs must be under owner control by a leash no longer than six feet (6’) at all times when in Red Rocks Park, Dorset Park, or on recreation or bicycle paths. 11. Hours and Fees (A) City Parks, including roads and parking areas, shall be open only during the times indicated at park entrances or as otherwise established by the Recreation Department. (B) Cars and other types of motor vehicles left in City Parks after hours, or in unauthorized areas will be towed away at the owner’s expense. (C) Reasonable fees may be assessed by the Recreation Department for the entry of vehicles onto Park lands and for the use of City Parks by individuals. The Director of Recreation and Parks shall establish a schedule of such fees and post said schedule at Park entrances. 12. Permit System (A) A permit must be obtained through the system outlined in this section before any person engages in the activity described in Sections 4(B),(D),(E) and 10(C). (B) Application shall be made to the Recreation Department prior to the proposed activity date. (C) Application shall be made on a form provided by the Director of Recreation and Parks, specifying the name, address, and phone number of the applicant, the name of the sponsoring organization, if any, the date and the type of proposed activity, the Park which has been requested, the estimated attendance, and the hours during which the activity is to be conducted. PARKS ORDINANCE 7 City of South Burlington Ordinance PROPOSED AMENDMENTS (D) The Director of Recreation and Parks or his or her designee shall issue a permit if the applicant’s use will not materially interfere with the enjoyment and use of City Parks by the general public based on consideration of whether the applicant’s activity: (1) Will detract from residents’ recreation opportunities (2) Will unreasonably infringe on public health, safety or welfare (3) Will conflict with facilities reserved for other uses (4) Will interfere with traffic or burden policy services (5) Is likely to cause personal or property injury, incite violence, crime, or disorderly conduct (6) Is for the primary purpose of advertising products, goods or events, or for purely private profit (E) The Director of Recreation and Parks may impose reasonable conditions upon the issuance of a permit. (F) A fee may be imposed by the Director of Recreation and Parks as a condition to the issuance of a permit in relation to fund raising activity or for the purpose of defraying the costs of cleanup, either before or after the proposed activity. (G) As a condition of the issuance of a permit, the Director of Recreation and Parks may, at his or her discretion, require the posting of a bond to cover possible damages to any City property and may require the individual or group to have in attendance a law enforcement officer. (H) The Director of Recreation and Parks shall act on an application within five business days of the receipt thereof. Denial of an application shall be accompanied by a statement of reasons for such denial. An applicant may appeal the action of the Director to the City Manager. 13. Closed Areas Any area of any Park may be declared closed to the public by the Director of Recreation and Parks at any time for any interval of time. When so closed, the Director shall cause notice to be posted at the entrances to said Park and at the closed area so as to notify the public that the area of the Park is closed. A person shall not enter, pass through, or remain in the closed area of any Park except with the written permission of the Director. 14. Enforcement (A) Any person who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 for each violation. Each day the violation continues shall constitute a separate offense. The Director of Recreation and Parks, Police Officers, Animal Control Officers and Park Attendants of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. PARKS ORDINANCE 8 City of South Burlington Ordinance PROPOSED AMENDMENTS 15. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 16. Other Relief (A) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. (B) Issuing Municipal Officials shall have the authority to eject from the Park any person acting in violation of any provisions of this Ordinance or in violation of any permit issued pursuant to this Ordinance. (C) A permit issued under this Ordinance may be revoked by the Director of Recreation and Parks without reimbursement of any fee for: (i) misrepresentations on an application; (ii) violation of the provisions of this Ordinance or other City of South Burlington regulation; or, (iii) where there is a risk to public health or safety. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation. (D) In addition to the enforcement procedures available before the Judicial Bureau, a person who enters the closed area of any Park shall be liable to the City of South Burlington for expenses incurred by the City to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. 17. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. PARKS ORDINANCE 9 City of South Burlington Ordinance PROPOSED AMENDMENTS Adopted at South Burlington, Vermont this _______ day of _______________, 20152017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk