ARTICLE III. PARKING, STOPPING AND STANDING

DIVISION 1. GENERALLY

20-53 Authority to regulate parking; signs to be replaced.

(a)    The traffic commission may regulate the manner of parking any vehicle, in places where parking is permitted, by causing parking spaces for vehicles to be marked off, painted on the pavement of the street or metered in the areas affected, and no person, in places where such spaces are marked off, painted or metered for the parking of vehicles, shall park any vehicle otherwise than wholly within a space so marked off, painted or metered.

(b)    The traffic commission may conspicuously place suitable signs in and near the areas affected by the parking regulations of this article, plainly indicating such regulations.

(Rev. Ords. 1962, § 5301; Reg. of 9-16-74; Ord. of 4-17-96)

20-54 Authority to designate loading zones.

The traffic commission shall have the authority to designate loading and unloading zones and shall cause the limits of such zones to be plainly marked, and shall place signs or pavement lettering in or near such spaces to designate the nature thereof.

(Rev. Ords. 1962, § 5312)

Cross reference—Designation of portions of streets where no parking permitted except by commercial vehicles, App. C, §§ 12, 13.

20-54.1 Loading zone permits/coupons.

(a)    Truck loading zone coupons. The following sections outlines the procedures and policies set forth for the regulation and administration of truck loading zone coupons.

(1)    The Church Street Marketplace District Commission shall have the authority to issue coupons to merchants within the Church Street Marketplace District. The coupon would allow customers to park in truck loading zones for the sole purpose of picking up large merchandise. The duration of the permit shall be for a period of no greater than fifteen (15) minutes. The cost of aforementioned coupons shall be reasonably determined by the marketplace so as to defray the cost of issuance.

(2)    Coupon issuance to each business will be evaluated on a quarterly basis.

(3)    Each quarter coupon issuance is dependent on loading zone ordinance compliance. Any businesses’ coupons found to be in violation of the loading zone ordinances and/or the fifteen-minute time limitation three (3) times or more within the prior permitting period will not be issued a permit for the following permitting period.

(b)    Truck permit. The following section outlines the procedures and policies set forth for the regulation and administration of truck loading zone permits:

(1)    Loading zones designated as a truck loading zone shall accommodate vehicles that are registered as either a truck or a vehicle that has been issued a truck loading zone permit.

(2)    Truck loading zone permits will be issued by Burlington Parking Enforcement quarterly in the form of a numbered bumper sticker. Burlington Parking Enforcement reserves the right to deny any requests for parking permits if there is a question of legitimacy.

(3)    Permit issuance.

a.    [Permit issuance] would require a copy of the business letterhead stating that the individual requesting the permit is acting as a representative of the business, a contact name, phone number, vehicle registration and the make of the vehicle being permitted.

b.    Each quarter permit issuance is dependent on loading zone ordinance compliance. A vehicle found to be in violation of the loading zone ordinances three (3) times or more within the prior permitting period will not be issued a permit for the following permitting period.

(4)    Cost of permit issuance shall be:

a.    Five dollars ($5.00)/permit for either a.m. or p.m. per quarter.

b.    Ten dollars ($10.00)/permit for all day per quarter.

(5)    No permits will be issued to a vehicle with outstanding parking tickets, unless the ticket is being contested in court.

(Ord. of 2-3-93; Reg. of 6-28-95)

20-55 General prohibitions.

(a)    No operator or driver of any vehicle shall stop, stand or park the same in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic sign or except momentarily to pick up or discharge a passenger:

(1)    Within any area of the public right-of-way, including the sidewalk, designated or customarily used for vehicular or pedestrian traffic, including, but not limited to, areas posted "No Parking," "No Parking Anytime," "No Parking This Side of Street," "No Parking Between Signs" or "No Parking Bike Lane";

(2)    On or within ten (10) feet of a railroad track;

(3)    Within a six (6) foot diameter circle centered around a fire hydrant and a six (6) foot wide continuous path to the center of the public way with the hydrant or fire protection system being at the center of this six (6) foot path, or within a designated fire lane;

(4)    In front of another person’s driveway; and within two (2) feet of another person’s driveway as measured from the straight-lined edge of the driveway;

(5)    On a bridge, viaduct, or the approach thereto;

(6)    On any sidewalk or in any crosswalk; or on the greenbelt, so-called, being that area of a public street located between the roadway edge and the sidewalk, or, if no sidewalk exists, between the roadway edge and the adjacent property line;

(7)    In any area designated as a loading zone, pursuant to Appendix C, Rules of the Traffic Commission, of this Code of Ordinances;

(8)    Any street closed pursuant to section 20-63;

(9)    On Church Street, between Main and Pearl Streets, except during those hours authorized for parking by the traffic commission;

(10)    In a metered parking space where the meter for such space is covered with a hood issued pursuant to Section 27-33. This prohibition shall not apply to vehicles engaged in the activities allowed by the permit issued pursuant to Section 27-33;

(11)    In residential parking zones on any street, on any day(s) or at any time designated by the public works commission, except by permit issued pursuant to Appendix C, Section 27(d).

a.    Placement of signs. The public works commission shall place suitable signs designating residential parking only in the streets affected by this subsection.

b.    Reserved;

(12)    In any area designated "No Parking Here to Corner";

(13)    In any area designated for peddlers only. This prohibition shall not apply to vehicles engaged in the activities allowed by the vehicle endorsement issued pursuant to section 23-6;

(14)    In the leased lots designated in Appendix C, section 19(c) of this Code of Ordinances, except those vehicles properly displaying a valid permit;

(15)    In any area designated as a taxi stand pursuant to Appendix C, Rules and Regulations of the Traffic Commission, of the Code of Ordinances;

(16)    In any area designated as a parking facility in violation of the rules or regulations stated in Appendix C, Section 18.

(b)    No person shall park any vehicle at any time:

(1)    On any street within fifty (50) feet of the curbline of another street, or within such other distance as the traffic commission shall, based upon existing traffic conditions and sight lines at intersections, determine and cause to be indicated as provided in section 20-53;

(2)    In any space herein or hereafter specified by the board of traffic commissioners as reserved for a bus stop; or

(3)    Within the limits of a public school yard, unless specifically authorized to do so by the board of school commissioners of the city.

(c)    No motor vehicle having in excess of two (2) rear wheels shall be parked on the streets of the city within the boundaries of any residential district except for the purpose of making a delivery or carrying out another lawful business purpose within such residential area, and no permissible parking by such vehicle on the streets within a residential area shall be of any longer duration than is reasonably necessary to complete the lawful business within such area. Excepted from this prohibition is a privately-owned, dual rear wheel passenger or recreational vehicle used for noncommercial purposes with no commercial markings, and which is no greater than twenty-two (22) feet in length, seven (7) feet in height and seven (7) feet in width. Such a dual wheel vehicle shall only be excepted from the prohibition if it is parked entirely in front of the vehicle owner’s residence or is parked entirely in front of a residence by a guest of that residence.

(d)    No person shall park any vehicle in any parking space designated by the traffic commission for parking for the handicapped unless the vehicle displays special handicapped license plates or placards issued pursuant to 23 V.S.A. 304a, or any amendment or renumbering thereof.

(e)    No person shall leave idling for more than three (3) minutes any motor vehicle in any area of the city, except in the following instances:

(1)    Motors used to run refrigeration units may be left idling to permit uninterrupted refrigeration;

(2)    A motor vehicle may be left idling if necessary for the repair of that vehicle;

(3)    This provision shall not apply to motor vehicles which must be kept idling in order to install, maintain or repair equipment or infrastructure.

(4)    This provision shall not apply in any situation in which the health or safety of a driver or passenger requires the idling of the vehicle, including, but not limited to, when idling is necessary to operate safety equipment such as windshield defrosters, and operation of the equipment is needed to address specific safety concerns.

(f)    Parking on lawns or yards in residential districts prohibited.

(1)    It shall be unlawful for any vehicle to be parked on any lawn or yard in any area in Wards 1, 2, 3 and 8. It shall also be unlawful for any vehicle to be parked on any lawn or yard in any area in Wards 5 or 6 located north of a projected line extending along the centerline of Howard Street from the western boundary to the eastern boundary of the city. Lawns or yards are defined for the purposes of this subsection to be any open space not approved by the department of planning and zoning as an area for vehicular egress and ingress or parking.

(2)    The prohibitions in subsection (f)(1) of this section shall not be in effect during a declared parking ban pursuant to Section 20-56.

(Rev. Ords. 1962, §§ 5158, 5308; Ord. of 10-15-73; Reg. of 2-21-78; Ord. of 3-9-81; Ord. of 1-4-82; Ord. of 10-24-83; Ord. of 7-30-84; Ord. of 4-22-85; Ord. of 6-9-86; Ord. of 7-27-87; Reg. of 1-27-88; Regs. of 6-27-88; Ord. of 9-17-90; Ord. of 10-9-90; Ord. of 5-5-93; Reg. of 8-18-93; Reg. of 11-8-95; Reg. of 8-14-96; Reg. of 2-21-01; Reg. of 5-24-00; Ord. of 10-21-02; Reg. of 10-13-04; Reg. of 10-14-09, eff. 12-30-09; Reg. of 9-18-13(1), eff. 10-23-13; Ord. of 10-26-15; Reg. of 6-15-16(4), eff. 7-27-16; Ord. of 9-12-16; Reg. of 9-21-16(4), eff. 10-19-16; Reg. of 12-21-16(2), eff. 4-26-17)

Cross reference—No-parking areas designated, App. C, Sec. 7; no parking during hours of 7:30 a.m. to 4:30 p.m., App. C, Sec. 8; parking limited to 15 minutes, App. C, Sec. 11; authorized emergency vehicles exempted from various provisions of this chapter, Sec. 20-4.

20-56 Parking ban.

(a)    General prohibition. It shall be unlawful for any person to park a vehicle within any designated city right-of-way, including the sidewalk, anytime of the year during a declared parking ban.

(b)    Required method of notification for declaration of a parking ban. It is the responsibility of the public works department to provide advance notice prior to commencing a parking ban. Minimum notification will require:

(1)    Placing the affected area’s parking prohibition lights into a flashing operation, beginning six (6) hours prior to any parking ban, notice scheduled to begin at 3:00 p.m.

(2)    Upon declaring a parking ban, send press releases to various means of media (local television, radio and printed media).

(c)    Authority to declare parking ban. Those listed below may have the authority to declare a parking ban, given that there is a demonstrated need for street maintenance:

(1)    The public works director or his designee has full authority in declaring a parking ban.

(2)    The mayor may declare a parking ban after consultation with the public works director.

(3)    The chief of police may declare a parking ban after consultation with the public works director.

(d)    Enforcement policy for violation of parking ban. A vehicle found in violation of the parking ban shall face the following consequences:

(1)    A police officer or parking enforcement officer shall ticket and remove the vehicle in violation to another street within the city or, when warranted, it may be impounded and transported to a remote sight within a five-mile radius from the boundaries of the city.

(2)    All towing procedures and policies can be referenced from the provisions set forth in division 2 of this article.

(3)    The fines for the aforementioned offense can be found in section 20-66

(e)    Duration of parking ban. When the parking ban lights are in a flashing operation the parking ban will be in effect from 10:00 p.m. to 7:00 a.m. in all zones with the exception of Zone F (Downtown Zone) which will be 12:00 a.m. to 6:00 a.m.

(f)    Delineation of parking ban zones:

Zone A shall include all streets to the east of North Avenue, including North Avenue, beginning south of Institute Road moving north to the northern boundary of the city.

Zone B shall include all streets to the west of North Avenue, including North Avenue, beginning south of Institute Road moving north to the northern boundary of the city.

Zone C shall include all streets bounded by the following streets:

The northernmost boundary shall be defined by Kilburn Street and Adams Street but not including Kilburn Street and Adams Streets.

The easternmost boundary shall be defined by and include South Winooski Avenue from Adams Street to St. Paul Street, as well as Shelburne Street.

The southernmost boundary shall be defined by the southernmost boundary of the city.

The westernmost boundary shall be defined by Lake Champlain.

Zone D shall include all streets bounded by the following streets:

The easternmost boundary shall be defined by and include South Prospect and all of its adjoining streets.

The southernmost boundary shall be defined by the southernmost boundary of the city.

The westernmost boundary defined by South Willard Street from Main Street to Maple Street not including this section, South Winooski Avenue from Maple Street to Adams Street not including this section, South Winooski Avenue from Adams Street to St. Paul Street including this section, St. Paul Street from South Winooski Avenue to South Union Street including this section, Shelburne Street from South Union Street south to the city’s southern border including this section.

The northernmost boundary defined by Main Street from South Willard Street to Prospect Street including this section, Maple Street from South Winooski Avenue to South Willard Street including this section.

Zone E shall include all streets bounded by the following streets:

The easternmost boundary shall be defined by the easternmost boundary of the city.

The southernmost boundary shall be defined by Main Street from the city boundary east to South Willard Street including that section of Main Street and University Heights.

The westernmost boundary shall be defined by Hyde Street from Riverside Avenue to North Willard Street including this section, all of North Willard Street including North Willard Street, South Willard Street from Pearl Street to Main Street not including this section of South Willard Street.

The northernmost boundary shall be defined by the northernmost boundary of the city.

Zone F shall include all streets bounded by the following streets:

The easternmost boundary shall be defined and include South Willard Street from Pearl Street to Maple Street.

The southernmost boundary shall be defined by and include Maple Street from South Willard Street to South Winooski Avenue, South Winooski Avenue from Maple Street to Adams Street, Adams

 

Street from South Winooski Avenue to St. Paul Street, St. Paul Street from Adams Street to Kilburn Street, and Kilburn Street.

The westernmost boundary shall be defined by Lake Champlain.

The northernmost boundary shall be defined by and include Sherman Street; North Champlain Street from Sherman Street to Peru Street; Peru Street; Elmwood Avenue from Peru Street to Grant Street; Grant Street; North Union Street from Grant Street to Pearl Street; and Pearl Street from South Union Street to South Willard Street.

Zone G shall include all street bounded by the following streets:

The easternmost boundary shall be defined by and include Hyde Street from Riverside Avenue to North Willard Street and North Willard Street from Hyde Street to Pearl Street.

The southernmost boundary shall be defined by but not include the following streets: Pearl Street from South Willard Street to South Union Street; North Union Street from Pearl Street to Grant Street; Grant Street; Elmwood Avenue from Peru Street to Grant Street; Peru Street; North Champlain Street from Peru Street to Sherman Street; and Sherman Street.

The westernmost boundary shall be defined by the lake.

The northernmost boundary shall in the old north end be defined by and include Manhattan Drive and on North Avenue all streets south of the intersection of Institute Road and North Avenue.

(Rev. Ords. 1962, §§ 5316, 5317; 1969 Cum. Supp. § 5316; Reg. of 5-3-82; Ord. of 10-7-85; Ord. of 9-22-86; Ord. of 12-22-86; Ord. of 11-13-89; Reg. of 4-17-92; Ord. of 12-30-92; Reg. of 10-8-93; Reg. of 6-28-95)

Cross reference—Designation of spaces where winter parking restricted, App. C, § 15.

20-57 Unlawful to violate parking regulations.

(a)    It shall be unlawful for the owner of a motor vehicle to suffer, permit or authorize the use of such motor vehicle in violation of any regulation governing the parking or leaving of such vehicle on any public street of the city or in or upon any other place within the city where the parking or leaving of such vehicle is governed by regulation.

(b)    It shall be unlawful for the owner or operator of a motor vehicle to move it while the vehicle is being processed for towing pursuant to Section 20-79 of this Code unless directed to do so by a law enforcement or parking enforcement officer. A vehicle is deemed "being processed for towing" when a law enforcement or parking enforcement officer has identified it as eligible for towing under Section 20-79 of this Code.

(Rev. Ords. 1962, § 5321; Reg. of 11-14-07(1), eff. 1-9-08)

20-58 Registered owner of vehicle deemed to have authorized violation.

The presence of any motor vehicle in or upon any public street of the city, or in or upon any other place within the city where the parking or leaving of the same is governed by regulation, in violation of any regulation governing the parking or leaving of such vehicle, shall be prima facie evidence that the person in whose name such vehicle is registered on the records of the Commissioner of Motor Vehicles of the State of Vermont, or the commissioner of motor vehicles of the state the vehicle is registered in, committed or authorized such violation.

(Rev. Ords. 1962, § 5321; Reg. of 5-12-94)

20-59 Parking nonmotorized vehicles for periods longer than twenty-four hours prohibited.

No person shall stop or park any nonmotorized vehicle, camper trailer or boat within the limits of any street for more than twenty-four (24) consecutive hours. Any such vehicle shall be regarded as having been stopped or parked in the street for twenty-four (24) consecutive hours if it is parked in the street at any time during a given day, unless such vehicle is moved from the street for a period of twelve (12) consecutive hours during such day.

(Ord. of 1-11-71)

20-60 Leaving vehicles on street for purpose of selling or renting.

No person shall put, place or park any vehicle on any public street for the purpose of selling or renting the same or for the purpose of displaying or advertising the same for sale or rent. Individuals engaged in selling, renting or advertising vehicles for sale are exempt if the sale is of their own private vehicle.

(Rev. Ords. 1962, § 5163; Reg. of 8-6-98)

20-61 Extended parking prohibited.

No person shall leave a vehicle in the same place within the limits of a street for a period longer than three (3) days. This period starts when the police department observes a vehicle in a space. From that time the vehicle must be moved within three (3) days. For the purposes of this section the term moved is defined as relocating a vehicle at least twenty-five (25) feet from its original location for a time period of thirty-six (36) hours.

(Rev. Ords. 1962, § 5324; 1969 Cum. Supp., § 5324; Reg. of 7-20-05; Reg. of 9-7-05, eff. 10-12-05; Reg. of 5-13-09(1), eff. 6-24-09)

20-62 Parking on premises of another prohibited.

(a)    It shall be unlawful for any person to park, leave, or cause to be parked or left, any motor vehicle upon the premises of another without express permission from the person or persons legally entitled to give such permission.

(b)    The presence of an unattended motor vehicle upon premises not owned or controlled by the registered owner of such vehicle shall be prima facie proof that the same was parked or left thereon by the registered owner.

(Rev. Ords. 1962, §§ 5051, 5052)

20-63 Authority to close streets to parking.

For the purpose of cleaning, clearing, oiling, repairing, surfacing a street, special events, parades, or pruning or removing trees, the street department, parks department, or police department may close such street to the parking of vehicles by causing signs to be posted thereon in conspicuous locations indicating the prohibition of parking thereon. The signs shall be posted by 6:00 p.m. and the prohibition shall be effective 12:00 a.m. the following day. Such prohibition shall remain in effect until such signs are removed, and during the period when parking is so prohibited, no person shall park a motor vehicle on any such street.

(Rev. Ords. 1962, § 5320; 1969 Cum. Supp., § 5320; Reg. of 4-13-94)

20-64 Hotel guest loading spaces.

The traffic commission shall designate and cause to be marked off by suitable sign or signs parking spaces within the parking meter zones to be used only by hotel guests loading or unloading, and no person other than a hotel guest so engaged shall park a vehicle at any time in any spaces so designated.

(Rev. Ords. 1962, § 5314)

20-65 Stopping close to curb.

No person shall stop a vehicle in any public street except close to the curb.

(Rev. Ords. 1962, § 5157)

20-66 Penalty.

(a)    Metered Parking Offenses: The penalty for violating any ordinance regulating metered parking in the City of Burlington shall be fifteen dollars ($15.00).

(b)    Nonmetered Parking Offenses:

(1)    Handicapped parking. The penalty for handicapped parking violations as set forth in Section 20-55(d) shall be one hundred twenty-five dollars ($125.00).

(2)    Residential parking. The penalty for violations of the residential parking restrictions as set forth in Section 20-55(a)(11) shall be seventy-five dollars ($75.00).

(3)    Parking on sidewalks and greenbelts and in crosswalks. The penalty for parking on a sidewalk or greenbelt or in a crosswalk in violation of Section 20-55(a)(6) shall be seventy-five dollars ($75.00). However, the penalty for parking on a sidewalk during a parking ban is set forth in subsection (b)(4) of this section, parking ban violations.

(4)    Parking ban violations. The penalty for a violation of a parking ban described in Section 20-56 shall be seventy-five dollars ($75.00). Vehicles in violation of Section 20-56 also may be removed to another street or a remote location and if removed shall be assessed charges for removal as part of the issuance of the penalty, such charges to be assessed and collected pursuant to Division 2 of Article III of this chapter.

(5)    Streets closed to parking. The penalty for parking on a street closed to parking as described in Section 20-63 shall be seventy-five dollars ($75.00). Vehicles in violation of Section 20-56 also may be removed to another street or a remote location and if removed shall be assessed charges for removal as part of the issuance of the penalty, such charges to be assessed and collected pursuant to Division 2 of Article III of this chapter.

(6)    The penalty for removing a vehicle that is being processed for towing as described in Section 20-57(b) shall be two hundred dollars ($200.00).

(7)    Other nonmetered parking offense. "Nonmetered parking offense" means any parking offense set out in this Code, except violations related to metered parking. The penalty for violations of nonmetered parking offenses except handicapped parking and idling shall be seventy-five dollars ($75.00).

(8)    Idling. The penalty for a violation of Section 20-55(e) shall be twelve dollars ($12.00).

(c)    Additional Penalties: These penalties apply to all fines associated with parking:

Less than thirty (30) days—The original fine.

Thirty (30) days or more—Additional thirteen dollars ($13.00).

Ninety (90) days or more—In addition to the fee assessed in subsection (b)(2) of this section, there will be an additional fee of twenty-four dollars ($24.00) assessed.

(Ord. No. 8-18-78; Ord. of 11-16-81; Ord. of 2-14-84; Ord. of 4-22-85; Ord. of 10-7-85; Ord. of 7-29-87; Ord. of 11-13-89; Ord. of 8-27-90; Ord. of 2-3-93; Reg. of 8-18-93; Reg. of 10-8-93; Reg. of 3-22-95; Reg. of 6-28-95; Reg. of 8-14-96; Reg. of 12-12-98; Reg. of 6-30-99; Reg. of 2-18-04; Reg. of 4-12-06/5-17-06; Reg. of 2-7-07(1), eff. 3-21-07; Reg. of 11-14-07(1), eff. 1-9-08; Reg. of 3-11-09(1), eff. 4-29-09; Reg. of 6-5-13, eff. 7-3-13)

20-67 Waiver of issuance of process in a trial; voluntary payment of penalty; appeal.

(a)    The owner or operator of a vehicle who has violated any ordinance regulating metered parking or nonmetered parking in the city must either pay the waiver fee or appeal the ticket within thirty (30) days of the date of the offense.

(b)    Any person who has violated any ordinance regarding parking in the city may within thirty (30) days from the date of such violation waive in writing the issuance of any process in a trial by jury or hearing and voluntarily pay to the police department of the city the penalty prescribed in Section 20-66. Payments may be made by cash, check, money order, credit card or online payment.

(c)    Any person whose vehicle has been ticketed, other than for a first violation of Section 20-66(a) or 20-66(b)(2) in a twelve (12) month period, may appeal the propriety and/or legality of the ticket by submitting to the city grand juror in writing within thirty (30) days a short and plain statement of his or her objections. The city grand juror shall review the objections and notify the appellant of his/her findings in writing. Any appeal of a first violation of Section 20-66(a) or 20-66(b)(2) in a twelve (12) month period shall be made pursuant to the procedure outlined in Section 20-80.

(d)    If the city grand juror denies the appeal in whole or in part, then the appellant may seek review by arranging for a court hearing on the alleged violation within thirty (30) days of the date the appeal was denied.

(Ord. of 11-16-81; Ord. of 7-29-87; Reg. of 6-28-95; Reg. of 1-18-17(3), eff. 2-22-17; Reg. of 10-20-21(a), eff. 12-22-21)

20-68 Parking on Church Street Marketplace.

The Church Street Marketplace District Commission shall have authority to issue permits to vehicle owners to park on Church Street from Main Street to Pearl Street during such times when parking is normally prohibited. The fee for a permit shall not exceed five dollars ($5.00) per day.

(Reg. of 5-3-82; Ord. of 5-5-97)

20-69 Vehicles providing emergency medical services.

The chief of police or his/her designee shall have authority to issue annual permits to anyone providing emergency medical services in a non-emergency vehicle. Such permits, when properly displayed, shall allow the permitted vehicle to park in an otherwise prohibited area when providing emergency medical services. The chief of police or his/her designee shall have authority to charge two dollars ($2.00) for each permit to defray the cost of issuance.

(Ord. of 5-5-93)

20-70 Authorization for alternate side of street parking regulations.

The public works commission shall have authority to promulgate regulations governing alternate side of the street parking to assist in accommodating snow plowing, snow removal, street clearing and other street functions. Such regulations shall, provided they are approved in advance by the city council and published in the manner required under the Code for the adoption of ordinances, have the full force and effect of ordinances of the city. Such regulations shall specify as a minimum the streets or portions thereof to which the regulations apply and the specified time for the switch from one side of the street to the other. All such regulations shall be incorporated in Appendix C of this Code of Ordinances.

(Ord. of 12-22-86)

DIVISION 2. REMOVAL OF UNLAWFULLY PARKED VEHICLES

20-71 Authorized; expenses of removal.

(a)    Under the provisions of this division, any police officer or parking enforcement officer shall cause a motor vehicle parked in violation of the following to be moved or removed to any public garage or other place designated by him within a five-mile radius from the boundaries of the city.

(1)    Parking ban as set forth in section 20-56

(2)    Designated prohibited areas, as set forth in section 20-55 of this Code;

(3)    Vehicles left in violation of section 20-61 of this Code;

(4)    In any location where in the opinion of the chief of police such vehicle creates an immediate traffic hazard or otherwise endangers the public health, safety and welfare; provided, however, that reasonable efforts under the circumstances are first made to notify the operator or owner.

(5)    In any location which has been designated for peddlers with vehicle endorsements only, as set forth in section 23-6 of this Code.

(b)    Removal under this section shall be at the sole expense of the registered owner of the vehicle.

(c)    If a vehicle is removed and stored under the provisions of this section, it may be stored until such time as all charges for outstanding metered and nonmetered parking violations, outstanding removal charges previously assessed and the charges imposed by such removal and storage have been paid in full or until the requirements of section 20-73(b)(1) have been met.

(Rev. Ords. 1962, § 5302; 1969 Cum. Supp., § 5302; Ord. of 4-7-80; Ord. of 10-24-83; Ord. of 6-

26-89; Ord. of 11-13-89; Ord. of 8-27-90; Reg. of 8-18-93; Reg. of 10-8-93; Reg. of 2-7-07(1), eff. 3-21-07)

20-72 Record of removed vehicle.

The chief of police and the owner of any public garage to which a vehicle is removed shall keep a record of each vehicle so removed by manufacturer’s trade name or make, registration number or motor number if the vehicle is not registered, registered owner if the vehicle bears a Vermont registration, such other descriptive matter as may be necessary to identify such vehicle, and the name and address of any claimant thereof. The chief of police shall, in addition, keep a record showing the date of such removal, the place to which such removal is made and the reason for such removal. All such records shall be open to public inspection at all times.

(Rev. Ords. 1962, § 5303; Reg. of 8-25-99)

20-73 Reclaiming of vehicle.

Before the owner shall be permitted to reclaim a vehicle which has been removed pursuant to this division, he shall:

(a)    Furnish satisfactory evidence to the chief of police and to the owner or person in charge of such public garage of his identity and of his ownership of such vehicle;

(b)    Pay to the police department all charges for violation of the offenses described in section 20-79(a), and all charges for removing said vehicle and all charges for the storing and parking thereof, and for publication of record of removal; or

(1)    Post a bond, certified by the chief of police or his duly authorized representative, which is equal to the amount of charges set forth in (b) above; and

(c)    Sign a written receipt acknowledging delivery of said vehicle;

(d)    Appeal. A person whose vehicle has been removed pursuant to this division may, upon posting a bond as provided by subsection (b)(1) above, appeal the propriety and/or legality of the removal and/or removal charges by submitting to the city grand juror in writing within five (5) days a short and plain statement of his or her objection(s). The city grand juror shall review the objection, give the appellant an opportunity to be personally heard, and conduct an inquiry into all relevant facts concerning the removal of the vehicle and/or the towing and storage charges incurred. The grand juror shall notify the appellant of his findings in writing. If the grand juror finds that the removal was wrongfully had, or charges wrongfully incurred, then the city shall reimburse the applicant from the bond posted. If the grand juror denies the appeal in whole or in part, then the appellant may seek review in the Chittenden Superior Court as provided by V.R.C.P. 75, or by an action in small claims court.

(Rev. Ords. 1962, § 5304; 1969 Cum. Supp., § 5304; Ord. of 4-7-80; Ord. of 7-30-84)

20-74 Charges.

(a)    Charges made or incurred under this division shall not exceed sixty-two dollars and fifty cents ($62.50). Parking or storing charges made or incurred under this division shall not exceed ten dollars ($10.00) for the first day and twenty dollars ($20.00) per day for each day thereafter. With the exception of towing done pursuant to Section 20-77, a charge for towing shall be assessed when the following actions to enforce the provisions of this division related to the moving or removal of vehicles have occurred: the officer requests a tow truck for purposes of moving or removing the vehicle, a tow truck is on site and the tow truck driver takes actions necessary for moving or removal of the vehicle, including, but not limited to, backing up to the vehicle, dropping the bed of the truck or hooking the vehicle to the tow truck. Charges made pursuant to Section 20-77 shall be incurred when the tow truck driver takes actions necessary to remove the vehicle, including, but not limited to, backing up to the vehicle, dropping the bed of the truck or hooking the vehicle to the tow truck. The tow truck driver or tow company shall provide a written receipt to the owner or operator of any vehicle moved or removed under this division showing all charges incurred, including, but not limited to, tow charges, parking or storage charges and any administrative fee.

(b)    A vehicle towed at the request of any police officer or parking enforcement officer shall be charged according to the schedule adopted in the contract between the City of Burlington and tow company and approved by city council resolution. This schedule of charges does not apply to the towing of vehicles on private property under section 20-77 which may be assessed or charged not to exceed fifty dollars ($50.00).

(c)    The owner of the towing service, or his/her designee, shall notify by registered mail the registered owner of the vehicle or the holder of a security interest therein, if his/her identity can be readily ascertained, within seven (7) days of the impoundment of the vehicle. If the owner of the towing service is unable to ascertain the identity of the registered owner or the holder of a security interest therein, he/she shall publish in a newspaper of general circulation in the State of Vermont for three (3) consecutive days the record of impoundment. Storing fees after seven (7) days shall not be allowed unless the towing service has provided notice, either by certified letter or publication, to the registered owner or holder of a security interest. As long as notice has been provided, the towing service may collect reimbursement of the actual cost of providing notice, including up to a fifteen-dollar administrative fee, from the registered owner or holder of a security interest.

(Rev. Ords. 1962, § 5305; Ord. of 12-12-77; Ord. of 8-18-78; Ord. of 1-23-84; Ord. of 11-24-86; Ord. of 6-12-89; Reg. of 8-25-99; Ord. of 8-13-03; Reg. of 2-7-07(1), eff. 3-21-07; Reg. of 8-14-07, eff. 10-10-07; Reg. of 4-20-16(1), eff. 6-1-16)

20-75 Expenses of city to constitute lien; foreclosure.

Any and all expense incurred by the city, or any of the departments thereof, under and by virtue of this division shall be and become a lien upon the motor vehicle removed as herein authorized, and such lien may be foreclosed in accordance with the procedure provided in the law relating to foreclosure of artisan’s liens.

(Rev. Ords. 1962, § 5306; 1969 Cum. Supp., § 5306)

20-76 Charges not a fine, penalty or forfeiture.

No charges made or incurred under this division shall be considered to be a fine, penalty or forfeiture. The removal and storage or parking of any vehicle under this division shall not be a bar to the institution and prosecution of criminal or civil proceedings against the owner or operator of such vehicle.

(Rev. Ords. 1962, § 5307; Reg. of 2-7-07(1), eff. 3-21-07)

20-77 Towing of vehicles on private property.

(a)    The owner of premises upon which a motor vehicle is parked contrary to the provisions of this article or his agent, authorized in writing, may cause the illegally parked motor vehicle to be removed by a licensed porter with a tow truck to a public garage within a five-mile radius of the city. The owner of a private parking lot must clearly and conspicuously post their property with notice that unauthorized parking will result in towing before the provisions of this section shall be effective for those lots. The owner of the motor vehicle may be required to pay the towing and storing charges pursuant to section 20-74, for which charges a lien may be imposed against the motor vehicle. The charges shall be in addition to any criminal penalty that may be imposed. The above charges may be assessed, provided, that the police have been notified of the description and motor vehicle registration number of the vehicle removed or to be removed. Upon request the owner or operator of the motor vehicle removed shall be provided with the identity of the person who authorized the removal of the vehicle.

(b)    The owner of the public garage to which such vehicle is removed shall keep a record of each vehicle by the manufacturer’s trade name or make, registration number, or motor number if the vehicle is not registered, date of removal, place from which removed and the name and address of the person who reclaims said vehicle.

(1969 Cum. Supp., § 5053; Ord. of 12-12-77; Ord. of 8-18-78; Ord. of 11-24-86; Ord. of 6-12-89; Reg. of 8-25-99; Ord. of 6-25-01)

20-78 Form of payment.

A person hired to remove illegally parked motor vehicles may accept a personal check, but in any case is required to accept cash or a certified or bank check, and must also recognize at least two (2) national bank credit cards, any of which may be used as payment for any towing and storage charges.

(Ord. of 8-18-78; Ord. of 6-12-89)

20-79 Towing and storage of vehicles for nonpayment.

(a)    Any motor vehicle parked in violation of city ordinance upon any public highway of the city or at the Burlington International Airport, including such ways, streets, alleys, lanes or other places as may be open to the public, the owner of which has accumulated unpaid parking violations totaling two hundred seventy-five dollars ($275.00) or more, not including the amount attributable to the present violation, may be removed and stored pursuant to this division. In order to reclaim the impounded vehicle, the owner shall pay charges for outstanding violations such that the total amount owed in fines and fees pursuant to ordinance violations is reduced to less than two hundred seventy-five dollars ($275.00), all outstanding removal charges previously assessed and the charges imposed by this division for such removal and storage or until the requirements of Section 20-73(b)(1) have been met. Fines shall not be avoided by the transference of title or registration, or the purchasing of a different vehicle.

(b)    Notice to owner. Notice to the owner of an impounded vehicle shall be provided as set forth in Section 20-74(c).

(c)    Reserved.

(Ord. of 4-7-80; Ord. of 8-27-90; Ord. of 6-24-91; Reg. of 4-17-92; Reg. of 6-28-95; Reg. 8-25-99; Reg. of 7-20-05; Reg. of 2-7-07(1), eff. 3-21-07; Reg. of 8-14-07, eff. 10-10-07; Reg. of 6-5-13, eff. 7-3-13; Reg. of 10-20-21(a), eff. 12-22-21)

20-80 Limited violation forgiveness.

(a)    Within thirty (30) days of a first violation in a twelve (12) month period, any person whose vehicle has been ticketed pursuant to Section 20-66(a) or 20-66(b)(2) may appeal such violation by providing a written attestation to the parking services manager that such violation is their first within the preceding twelve (12) month period.

(b)    Upon confirming that the violation on appeal is for a violation of Section 20-66(a) or 20-66(b)(2) and the first for the appellant within the preceding twelve (12) months, the parking services manager or his or her representative shall administratively void the violation.

(c)    If upon review as outlined in subsection (b) of this section, the parking services manager or his or her representative determines the violation is not eligible for administrative voiding, the appeal shall be forwarded to the city grand juror and shall be processed in accordance with the procedure outlined in Section 20-67(c).

(Reg. of 10-20-21(a), eff. 12-22-21)

20-81—20-82 Reserved.

DIVISION 3. PARKING METERS1

20-83 Establishment of meter zones.

The board of public works commissioners is hereby authorized to establish zones to be known as parking meter zones in all or part of such areas on the streets of the city as they may deem necessary.

(Rev. Ords. 1962, § 5352; Reg. of 2-19-14(1), eff. 4-23-14)

Cross reference—Parking meter zones designated, App. C, § 17.

20-84 Installation and maintenance.

(a)    The public works commission shall cause parking meters to be installed in parking meter zones established under this division. The public works commission shall also cause the installation of necessary curb and street markings, provide for the regulation and operation thereof, and maintain said meters and/or multi-space meters in workable condition.

(b)    Meters and/or multi-space meters shall be placed upon the curb next to individual parking spaces or in proximity of designated parking spaces, and shall be so constructed as to accept payment as indicated by instructions upon the meter.

(Rev. Ords. 1962, § 5352; Reg. of 2-19-14(1), eff. 4-23-14)

20-85 Manner of parking.

When any vehicle shall be parked in a parking meter zone, the operator of the vehicle shall park the same within the area designated therefor by the curb or street markings as indicated for parallel or diagonal parking.

(Rev. Ords. 1962, § 5353; 1969 Cum. Supp., § 5353; Reg. of 2-19-14(1), eff. 4-23-14)

20-86 Reserved.

Editor’s note—A regulation adopted Feb. 19, 2014, deleted § 20-86 which pertained to permitting vehicle to remain when meter indicates overtime parking and derived from an ordinance adopted May 17, 1976, and a regulation adopted Sept. 1, 1994.

20-87 Payment required.

(a)    When any vehicle is parked in any meter zone in accordance with the provisions of this division, the operator of the vehicle shall, upon entering the parking space, immediately pay in accordance with instructions on the meter and/or multi-space meter as indicated by the legend thereon, and failure to make such payment or to operate the meter shall constitute a misdemeanor. Upon payment, the parking space may be lawfully occupied by such vehicle for a period as set out in Appendix C, Section 19.

(b)    Vehicles which are owned by a City of Burlington department, agency or division, or a vehicle on official business operated by officers, agents or employees thereof, shall be exempt from this section.

(Rev. Ords. 1962, § 5353; Ord. of 11-15-82; Ord. of 5-20-85; Reg. of 2-19-14(1), eff. 4-23-14)

20-88 Periods when payment is required.

(a)    Except as provided in subsection (b) of this section, the provisions of Section 20-87(a) shall be effective during the hours from 9:00 a.m. to 6:00 p.m. Monday through Saturday; provided, however, that said section shall not be effective on legal holidays or on Mondays succeeding legal holidays which fall on Sunday.

(b)    In the Downtown Core, which is bounded by South Winooski Avenue on the East, Pine Street on the West, Cherry Street on the North, and Main Street on the South, and includes both sides of each of these boundary streets within the core, the provisions of Section 20-87(a) shall be effective during the hours of 9:00 a.m. to 9:00 p.m. Monday through Saturday, except when such day is a legal holiday or is a Monday succeeding a legal holiday which falls on a Sunday, in which cases Section 20-87 shall not be effective.

(Rev. Ords. 1962, § 5353; Reg. of 2-19-14(1), eff. 4-23-14; Reg. of 7-16-14(1), eff. 9-17-14; Reg. of 11-15-17(1), eff. 1-31-18)

20-89 Extending time.

It shall be unlawful for any person to deposit, or cause to be deposited, in a parking meter and/or multi-space meter any payment for the purpose of extending parking time beyond the maximum period specified on the meter at which time the vehicle must be moved from the metered space for a period of at least four (4) hours.

(Rev. Ords. 1962, § 5354; Reg. of 5-13-09(2), eff. 6-24-09; Reg. of 2-19-14(1), eff. 4-23-14)

20-90 Slugs or other devices.

It shall be unlawful to deposit or cause to be deposited in any parking meter and/or multi-space meter any slug, device or other counterfeit payment.

(Rev. Ords. 1962, § 5355; Reg. of 2-19-14(1), eff. 4-23-14)

20-91 Tampering with meter.

It shall be unlawful for any person to tamper with, open, break or destroy any parking meter and/or multi-space meter.

(Rev. Ords. 1962, § 5356; Reg. of 2-19-14(1), eff. 4-23-14)

20-92 Reserved.

Editor’s note—An ordinance effective April 7, 2004, repealed § 20-92 in its entirety. Formerly, said section pertained to meters not to be placed in bus stops or taxi stands and derived from Rev. Ords. 1962, §§ 5357, 5358.

20-93 Collection of payment.

It shall be the duty of the public works commission to provide for regular collection of all payments in the parking meter zones, to keep records showing the same, and to turn over the funds so collected to the city treasurer.

(Rev. Ords. 1962, § 5359; Reg. of 2-19-14(1), eff. 4-23-14)

20-94 Use of fees.

The fees required by this division are hereby levied as a police regulation and inspection fee to cover the cost of providing parking meters and/or multi-space meters and maintaining the same, allotting and marking parking spaces, providing regulation and control of traffic moving in and out of, and parking in, said parking spaces and the zones herein created, marking the streets in the city and maintaining directional and other signs therein, and any and all other expense pertaining to policing, regulating and controlling traffic in and adjacent to said streets and areas.

(Rev. Ords. 1962, § 5360; 1969 Cum. Supp. § 5360; Reg. of 2-19-14(1), eff. 4-23-14)

20-95 Disabled persons exempt from requirements.

Any person who is blind, who has an ambulatory handicap, or who is temporarily disabled with an ambulatory handicap shall be entitled to park without fee for an unlimited period in a parking zone which is restricted as to the length of time parking is permitted. This section shall not apply to zones in which parking, standing or stopping of all vehicles is prohibited, which are reserved for special vehicles, or where parking is prohibited by any parking ban. As a condition to this privilege, the vehicle shall display the special handicapped parking card, plate or placard issued by the state commissioner of motor vehicles as required in 23 V.S.A. 304a or a handicapped license plate, card or other identification issued by any other state.

(Rev. Ords. 1962, § 5361; Ord. of 5-5-93)

20-96—20-100 Reserved.

DIVISION 4. CITY OWNED OR LEASED LOTS

20-101 Installation and operation of meters.

In each lot owned or leased by the city for the purpose of parking, meters and/or multi-space meters shall be placed upon the curb or in proximity to parking spaces, and shall be so constructed as to accept payment as indicated by instructions upon said meter.

(Rev. Ords. 1962, § 5402; Reg. of 2-19-14(1), eff. 4-23-14)

Cross reference—Parking meter lots designated, App. C, § 18.

20-102 Payment required.

The operator of a motor vehicle shall not park the same in any city parking lot during the effective hours of metered parking without depositing in the appropriate meter the payment required by Appendix C, Section 19.

(Rev. Ords. 1962, § 5403; Reg. of 2-19-14(1), eff. 4-23-14)

Cross reference—Rates for metered lots, App. C, § 19(b).

20-103 Use of space permitted upon payment.

Upon making a payment as indicated by directions on the parking meter in proximity to a space in each lot, such parking space may be used by a vehicle for the period covered by the payment.

(Rev. Ords. 1962, § 5403; Reg. of 2-19-14(1), eff. 4-23-14)

20-104 When vehicle illegally parked.

A vehicle shall be illegally parked if it remains in any space beyond the time covered by the payment. Violation of this article shall not be regarded as a single continuing offense. After the original offense and issuance of the first ticket, a ticket may be issued every two (2) hours thereafter.

(Rev. Ords. 1962, § 5403; Ord. of 5-17-76; Reg. of 9-1-94; Reg. of 2-19-14(1), eff. 4-23-14)

20-105 Reserved.

Editor’s note—A regulation adopted Feb. 19, 2014, deleted § 20-105 which pertained to extending time and derived from Rev. Ords. 1962, § 5405, and a regulation adopted May 13, 2009.

20-106 Slugs or other devices.

It shall be unlawful for any person to deposit or cause to be deposited in any parking meter within a city owned or leased lot any slug, device or other counterfeit payment.

(Rev. Ords. 1962, § 5405; Reg. of 2-19-14(1), eff. 4-23-14)

20-107 Tampering with meters.

It shall be unlawful for any person to tamper with, open without authority, break or destroy any parking meter and/or multi-space meter within a city owned or leased lot.

(Rev. Ords. 1962, § 5405; Reg. of 2-19-14(1), eff. 4-23-14)

20-108 Winter parking.

No person shall park, or permit to remain parked, any motor vehicle in any parking lot owned or operated by the city from December first of any year to March fifteenth of the succeeding year, between the hours of 2:30 a.m. and 6:00 a.m. Any vehicle parked in violation of this section may be removed at the owner’s expense as provided by section 20-71.

(Rev. Ords. 1962, § 5406; Reg. of 6-22-05)

20-109 When division effective.

The provisions of this division shall be effective during the hours from 8:00 a.m. to 6:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Saturdays, and from 8:00 a.m. to 9:00 p.m. on Fridays, except in the lot between St. Paul Street and Brown’s Court, in which the effective hours on such days shall be from 8:00 a.m. to 12:00 midnight; provided, however, that such sections shall not be effective on legal holidays or on Mondays succeeding legal holidays falling on Sunday.

(Rev. Ords. 1962, § 5407)

20-110—20-119 Reserved.


1

Cross reference—Obstructing metered parking spaces prohibited, § 27-33.

Case law annotations—An ordinance of the city installing a parking meter system has been held by the Vermont Supreme Court to be a valid exercise of the police power of the city even though the revenue produced exceeded the cost of the operation of the system. State v. Douglas, 94 A2d 403 (1953), 117 Vt. 485.