[HISTORY: Adopted by the Common Council of
the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 9.22,
9.28, 9.29, 9.40 and 12.01 of the 1988 Code. Amendments noted where
applicable.]
No person shall swim or bathe in any public
water within the City unless in suitable bathing suit or dress.
A.
Closing hours. No person shall be in a municipal park
between 10:00 p.m. and 5:00 a.m. daily, except for such instances
where a permit for a special occasion or use during prohibited hours
has been issued by the Park Board or Supervisor of Streets and Parks.
If a permit is for a special occasion or use to occupy a municipal
park beyond the hours allowed, the Park Board or Supervisor of Streets
and Parks shall, upon issuance of such permit, immediately notify
the Police Department in writing. This provision shall not include
any municipal parking lots adjacent to any park.
[Amended 5-18-2010 by Ord. No. 1898(1)]
B.
Dogs in parks.
[Amended 11-20-2007 by Ord. No. 1849(22)]
(1)
Any person who brings a dog or domestic animal into any City of Burlington
park and/or multiuse path shall:
[Amended 4-3-2019 by Ord.
No. 2046(12)]
(a)
Keep said animal on a leash no longer than six feet in length
and under their control at all times;
(b)
Keep said animal out of any playground, athletic field, and
the Annual Chocolate Festival;
(c)
Immediately remove the animal if it exhibits aggressive behavior;
(d)
Be liable for injury caused by said animal;
(e)
Be responsible for the immediate repair of damage caused by
said animal;
(f)
Be responsible for immediately cleaning and removing any defecation
of said animal;
(2)
Dog park. A park, area of a park or other public land may be designated by the City as a dog park, and shall be posted as such. Use of a dog park shall be at the risk of the user, who shall be solely responsible for himself or herself, and his or her dogs, children and guests. No dog is allowed in a City dog park unless the dog has been properly vaccinated and licensed, is wearing a collar or harness, is wearing rabies and license tags, is not aggressive, and is not in heat. No more than two dogs are allowed per owner or custodian. The owner or custodian shall immediately remove all solid dog waste as set forth in § 104-6B. No food, alcohol or glass bottles are allowed in any dog park. Dogs must be leashed while entering and leaving the fenced area of a dog park.
C.
Horses, donkeys, mules and ponies in parks. No person
shall ride or otherwise have in his custody any horse, donkey, mule
or pony in any of the parks of the City, except on any established
bridle path, or if such animals are a part of a fair, exhibition,
carnival, circus or other organized activity approved by the Park
Board or are otherwise licensed by the City.
[Amended 11-18-2003 by Ord. No. 1740(20)]
D.
Vehicles in parks. No person shall operate a motor
vehicle, snowmobile or other off-road vehicle in any City park, except
with the permission of the Park Board and the Supervisor of Streets
and Parks. This subsection shall not apply to official City vehicles
when performing official duties nor to snowmobiles operated on signed
and designated snowmobile trails.
E.
Storage of boats and other watercraft on City of Burlington park
property.
[Added 6-6-2017 by Ord.
No. 2028(5)]
(1)
It shall be unlawful for anyone to leave unattended a boat or watercraft
in any Park within the City of Burlington.
(2)
Any boat or watercraft left on City of Burlington park property shall
be deemed to have been abandoned within the meaning of this section:
(a)
Whenever any boat or watercraft has been allowed to remain standing
at any City of Burlington park within the City limits for over 24
hours, it shall have been deemed to have been abandoned by the owner.
(3)
Abandonment prohibited. No person shall abandon any boat or other
watercraft or leave any such boat or watercraft within the confines
of any City of Burlington park for such time or under such circumstances
as to cause such boat or watercraft to reasonably appear to have been
abandoned.
(4)
Removal. The Chief of Police or the Director of Public Works, or
their designee, is hereby authorized to remove or have removed any
boat or watercraft that has been left in any City of Burlington park,
its shores, or any City of Burlington park property in violation of
this chapter. Except for procedure notification as set forth, the
owner of such boat or other watercraft shall be entitled to all the
rights otherwise set forth in this section.
(5)
Impounding of boats or watercraft stored or abandoned in violation
of this chapter. The Chief of Police or the Director of Public Works
or their designee is hereby authorized to remove or have removed any
boat or watercraft which has been stored or abandoned in violation
of this chapter. Such watercraft shall be impounded until lawfully
claimed or disposed of in accordance with Subsection E6(d) of this
section.
(6)
Notice and disposition of impounded boats or watercraft.
(a)
In all cases whereby reasonable diligence of the Chief of Police or any member of the Police Department is able to determine the owner of a stored boat or watercraft, a written notice shall be provided to that owner either personally or by registered mail. The notice shall provide that the boat or watercraft has been stored under the terms of this section and that the party will have 72 hours within receipt of the notice to claim the boat. If the boat or watercraft is claimed within 72 hours, the owner may retrieve the boat by paying a reasonable fee for transportation of the boat to the storage facility and such fees for storage as are reasonable based upon the length of storage. In addition the owner shall remain liable for penalties assessed under § 234-5 of this Municipal Code if the person in found guilty of a violation of this section.
(b)
If after employing reasonable diligence the Chief of Police
cannot determine the owner of the boat or other watercraft, the boat
or watercraft shall be stored for a period of 30 days after which
it may be sold to cover the cost of the storage and removal charges.
(c)
At any time prior to sale of an impounded boat or watercraft,
any person establishing his ownership or right of possession to such
boat or watercraft may reclaim and obtain possession of the same by
paying the Police Department for storage and removal thereof, along
with such other expenses incidental to the care and maintenance of
the same and any other expenses incurred in relation thereto.
(d)
After any boat or watercraft shall have been stored for more
than 30 days and required notices, if any, have been given and when
applicable a hearing has been held in a court of law with respect
to the alleged violation of this section, the Chief of Police shall
sell the same by the receipt of sealed bids or at public auction,
whichever the Chief of Police deems most adequate to complete the
sale in the most practical and efficient manner. Notice of such sale
shall be published in the official City newspaper as a class 2 notice.
At such sale, the highest bid in cash for any boat or watercraft shall
be accepted unless the same is, in the judgment of the Chief of Police,
inadequate. In that event all bids or no bid at all is received, the
Chief of Police may, in his discretion, either readvertise the sale
or adjourn the same from time to time to a definite date each time
or sell such boat or watercraft at a private sale or junk the same.
(e)
After deducting the reasonable and necessary expenses incident
to the care and sale of any boat or watercraft, the balance of the
proceeds shall be paid to the City Clerk and credited to the General
City Fund. The sale of the boat or other watercraft under the provisions
of this section shall forever bar all prior claims thereto and any
interest therein except as hereafter provided.
[Amended 11-2-1993 by Ord. No. 1452(25)]
A.
No person shall camp in or use any of the public parks
or other public grounds of the City as a camping site except as hereinafter
provided.
B.
Overnight camping. Persons or groups may apply for
a permit for overnight camping in parks designated by the Park Board
for this purpose. Said permit shall be applied for through the Park
Board, and upon issuance of the permit the individual shall be allowed
to camp overnight in accordance with the Park Board policies and under
the conditions issued in the permit. No permit shall be granted for
camping in any floodplain area, i.e., areas zoned FW, GFP or FFO.
[Amended 11-9-2006 by Ord. No. 1808(12)]
C.
The Park Board is authorized to adopt policies for
the orderly administration of camping in the City parks.
A.
No person shall plant, remove or transplant any tree
or shrub within the parkways, public ways, parks or other land owned
or leased by the City without first obtaining a permit from the Department
of Public Works.
B.
The Park Board shall promulgate and publish rules
and regulations for the planting, removal or transplanting of trees
and shrubs pursuant to this section within 90 days after the adoption
and effective date of this provision. Such rules and regulations shall
be distributed to any resident of the City upon request, and a copy
thereof shall be on file with the Clerk.
C.
The Park Board may change, amend or repeal its rules
and regulations from time to time by giving notice of such proposed
change as a Class 1 publication in the official City newspaper and
having a hearing upon the proposed rule or regulation.
D.
Any person who shall violate any provision of this section shall be subject to the penalty as provided in Chapter 1, § 1-4 of this Municipal Code. Further, any tree or shrub planted without permission as required may be ordered to be removed by the Park Board, and, if not removed, the Department of Public Works may remove and tax or assess costs for removal to the landowner. Any tree or shrub removed or transplanted without permission of the Department of Public Works shall subject such person causing removal or transplanting to pay or reimburse the City for the cost of replacing such tree or shrub.
