Chapter 22
PARKS1
22-3 Digging or blasting prohibited.
22-5 Glass bottles prohibited; exception.
22-6 Throwing stones or other objects prohibited; exception.
22-7 Camping in parks prohibited.
22-8, 22-9. Reserved.
22-11 Discharging fireworks prohibited.
22-13 Animals prohibited; exception.
22-14 Disturbing birds, nests, eggs or animals prohibited.
22-15 Hitching horses to trees or shrubs prohibited.
22-16 Motor vehicles subject to park regulations.
22-22 Consumption of alcoholic beverages prohibited.
22-1 City parks enumerated.
The following shall constitute the parks of the city to be used and enjoyed as such by the public under the rules and regulations of the park commissioners:
(1) City Hall Park. That certain piece, parcel or plot of ground situated between Main and College Streets and St. Paul and Church Streets not covered by the city hall building, police headquarters building, Chittenden County Trust Company building and the McAuliffe building shall be known as City Hall Park.
(2) Battery Park. The lot of land enclosed and lying north of Pearl Street extended westerly, west of Park Street, and south of Sherman Street, which land was deeded to the city by warranty deed of Herman Allen, et al., dated April 17, 1840, and recorded in Volume 14, page 535, of the land records of the Town of Burlington shall be known as Battery Park.
(3) Ethan Allen Park. So much of the "Ethan Allen Farm," so called, as was acquired by the city from W. J VanPatten shall be known as Ethan Allen Park.
(4) North Beach. The land bordering on Lake Champlain which was conveyed to the city by Mary E. Arthur by her deed dated July 16, 1918, and recorded in Volume 72, on pages 513 and 514 of the land records of the city shall be known as North Beach.
Also, the land contiguous to the land described in the preceding paragraph which was conveyed to the city by warranty deed of Josephine A. Rohrer, dated July 16, 1931, and recorded in Volume 97, 552 of the land records of the city shall be included in North Beach Park.
(5) Smalley Park. The land on the southeast corner of Adams and St. Paul Streets, bounded on the east by the west line of Church Street extended southerly and on the north by Adams Street and which was conveyed to the city by J. Holmes Jackson and Caroline S. Jackson by deed dated April 23, 1920, and recorded in Volume 72, on page 462 of the land records of the city shall be known as Smalley Park.
(6) Roosevelt Park. The land deeded to the city by warranty deed of Henry B. Shaw, et al., dated October 18, 1920, and recorded in Volume 76, page 396 of the land records of the city shall be known and designated as Roosevelt Park.
(7) Lyman Calahan Park. The land and premises conveyed to the City of Burlington by deed of the Estate of Horatio Hickok dated January 1, 1924, and recorded in Volume 82 at Page 242 of the land records of the City of Burlington; by deed of Queen City Cotton Company dated January 29, 1924 and recorded in Volume 80 at Page 385 of the land records of the City of Burlington; and by deed of John J. Flynn dated January 25, 1924 and recorded in Volume 80 at Page 94 of the land records of the City of Burlington. Said property is set out on a plan entitled "Plan of Property Purchased by the City of Burlington from Mrs. Harriet W. Hickok, Queen City Cotton Co., John J. Flynn and Burlington Gas Light Co." dated 1924 and recorded in Volume 82 at Page 586-7 of the land records of the City of Burlington.
Also, such part of the land deeded to the city August 2, 1026, by Paul D. Kelley, by two (2) warranty deeds recorded in Volume 90, Pages 3 and 4 of the land records of the city as is used for park purposes. Also, that parcel conveyed to the City of Burlington by warranty deed of G.E. Burlington Employee Credit Union dated November 3, 1972, and recorded in Volume 212 at Page 764 of the land records of the City of Burlington.
(8) Ledge Road Overlook. The land conveyed to the city by Lewis C. Clark by deed recorded in Volume 83, page 442 of the land records of the city shall be known as Ledge Road Overlook.
(9) Dewey Park. The land located in the intersection of Elmwood Avenue, Spring Street, Archibald Street and Walnut Street conveyed to the city by Eli B. Johnson and wife by their warranty deed recorded in Volume 25, page 439 of the lands records of the city shall be known as Dewey Park.
(10) The land lying and being westerly of Riverside Avenue conveyed to the city by the American Woolen Company by its deed recorded in Volume 93, page 452 of the land records of the city.
(11) The triangular piece of land in the intersection of North, Hyde and School Streets which is not used for street purposes, the easterly side thereof being parallel with School Street and 82.35 feet in length, the southerly side thereof being parallel with North Street and 41 feet in length and the northwesterly side thereof being parallel with Hyde Street and 92 feet in length.
(12) The land and premises at the intersection of St. Paul Street and South Winooski Avenue conveyed to the city by Charles F. Killary, Howard F. Killary, et al, by deed recorded in Volume 83, page 432 of the land records of the city.
(13) Schmanska Park. The land lying and being on the southerly side of Grove Street in the city which was conveyed to the city by Pearl E. Schmanska by her warranty deeds dated January 19, 1942, and recorded in Volume 117, page 537, and dated July 8, 1942, and recorded in Volume 117, page 686, respectively, of the land records of the city shall be known as Schmanska Park. Said Pearl E. Schmanska reserves a life estate in and to said land conveyed on July 8, 1942.
(14) Reserved.
(15) Champlain Park. The land on the west side of South Champlain Street conveyed to the city by warranty deed of Hyman and Rachel Wasserman dated August 7, 1952, and recorded in Volume 142, page 247 of the land records of the city.
(16) Perkins Pier. That land lying north of the westernmost part of Maple Street conveyed to the City of Burlington by the Rutland Railway Corporation dated August 12, 1965. and recorded in Volume 174, page 151 of the Land Records of the City of Burlington; also that land lying adjacent to the above conveyed to the City of Burlington by the Rutland Railroad Corporation dated November 4, 1952, and recorded in Volume 130, page 445 of the Land Records of the City of Burlington; the total of the two parcels to be known as Perkins Pier.
(17) College Street Pier and Boathouse. The land and premises bordering on Lake Champlain northerly of an adjacent to College Street, said land and premises being more particularly designated as "Parcel 2" in the conveyance by Central Vermont Railway, Inc., to the City of Burlington by quit claim deed dated August 17, 1942, and recorded in Volume 114 at page 292. Said land and premises as set forth on a plan recorded in Volume 115 at page 626 of the land records of the city shall be known as College Street Pier and Boathouse.
(18) Lakeside Park. The same land and premises conveyed to the City of Burlington by quit-claim deed of Burlington Realty Corporation dated September 16, 1948, and of record in Volume 130 at pages 68, 69 of the land records of the City of Burlington shall be known as Lakeside Park.
(19) Burlington Waterfront Bikeway. The land and premises of the former Rutland Railroad right-of-way beginning at a point approximately one thousand one hundred ninety-two (1,192) feet northerly of the northern property line of Leddy Park, and continuing in a northerly direction along said railroad right-of-way to the mouth of the Winooski River, and being all and the same lands and premises conveyed to the city by deeds of Rutland Railway Corporation, dated May 24, 1965, and recorded in Volume 169 at Pages 647—649, and dated May 24, 1965, and recorded in Volume 169 at Pages 650—652, respectively, of the Land Records of the City of Burlington, and all such property, easements, rights-of-way, etc., southerly of this point as shall be acquired by the City of Burlington for the purpose of extending the Burlington Waterfront Bikeway.
(20) Starr Farm Park. The land and premises of the former John Flynn Estate located off Starr Farm Road vested in the City by Judgment Order dated June 1, 1990, and recorded in Volume 417 at pages 455—461 of the Land Records of the City of Burlington. Said land and premises are partially depicted on a Plat entitled "Windrows A Retirement Community" dated February 23, 1986; and recorded in Map Hangar 167, Number 84 of the land records.
(21) Baird Park. The land and premises on the easterly side of Pine Street conveyed to the City of Burlington by warranty deed of South Meadow Housing Associates dated January 20, 1988, and recorded in Volume 375 at Page 33 of the land records of the City of Burlington.
(22) Cresent Woods. The land and premises conveyed to the City of Burlington by warranty deed of Blumer-Rose, Inc.; dated March 31, 1987, and recorded in Volume 360 at pages 213—215 of the land records of the City of Burlington. The land and premises conveyed are depicted as Lot 7 on a plan entitled "Plat Showing Proposed Subdivision, Crescent Terrace," dated June, 1985, and recorded in Map Volume V, page 30 of the land records.
(23) Red Maple Wetland. The land and premises adjacent to the Fairmont Place Condominiums which was conveyed to the City of Burlington Parks and Recreation by warranty deed of Hauke Building Supply, Inc. dated January 10, 1989, and recorded in Volume 394 at page 404 of the land records of the City of Burlington. Such land is depicted as park land on a map entitled "Plan Showing Fairmount Place Condos" dated January, 1988 and recorded in Volume 375 at page 61 of the land records.
(24) McKenzie Park. The land and premises located in the Intervale and bounded generally on the north and east by the Winooski River which was conveyed to the City of Burlington by warranty deed of the John McKenzie Packing Co., Inc., dated November 24, 1980, and recorded in Volume 272 at page 491 of the land records of the City of Burlington.
(25) Arms Park. A portion of the land and premises located north of Institute Road west of North Avenue and south of the land of BPOE which was conveyed to the City of Burlington by warranty deed of Lakeview Heights, Inc. dated November 27, 1962, and recorded in Volume 164 at page 179 of the land records of the City of Burlington.
(26) Arthur Park. A portion of the land and premises located on the easterly side of North Avenue bounded by the northerly line of Institute Road extended easterly which was conveyed to the City of Burlington by warranty deed of Josephine Rohrer dated July 16, 1931, and recorded in Volume 97 at page 552 of the land records of the City of Burlington.
(27) Schifilliti Park. A portion of the land and premises conveyed to the City of Burlington by warranty deed of Henry Berger dated December 7, 1901, and recorded in Volume 49 at page 84 of the lands records of the City of Burlington.
(28) Pomeroy Park. The land and premises located at the intersection of Booth Street and North Street conveyed to the City of Burlington by warranty deed of Loren Palmer dated May 6, 1898, and recorded in Volume 41 at page 382 of the land records of the City of Burlington.
(29) Oakledge Park. The land bordering on Lake Champlain which was conveyed to the City of Burlington by quit-claim deed of Mobil Oil Corporation dated February 25, 1987, and recorded in Volume 361 at page 776 of the land records of the City of Burlington. The land conveyed is shown on a document entitled "Property of Mobil Oil Corporation Burlington, Vermont" dated May, 1986, and recorded at Map Hanger 179, Number 53.
Also, the land conveyed to the City of Burlington by warranty deed of Cliffside County Club, Inc., dated June 24, 1971, and recorded in Volume 205 at page 239 of the land records of the City of Burlington.
Also, a lot of land conveyed to the City of Burlington by warranty deed of Ralph N. Hill, Jr., dated October 31, 1977, and recorded in Volume 248 at page 196 of the land records of the City of Burlington. Said property is set out on a plan entitled "Property Plan, City of Burlington, Vt." dated September, 1977, and recorded at Map Hanger 100, Number 76 of the land records of the City of Burlington.
(30) Burlington Waterfront Bikeway.
(a) The land and premises bordering Lake Champlain and southerly of Perkins Pier which was conveyed to the City of Burlington by warranty deed of Equipco, Inc., dated September 16, 1969, and recorded in Volume 196 at page 13 of the land records of the City of Burlington.
(b) The land and premises described in a Lease Agreement between the State of Vermont and the City of Burlington dated June 18, 1985, and recorded in Volume 319 at page 575 of the land records of the City of Burlington.
(c) The strip of land described in the Revocable License Agreement between Central Vermont Railway, Inc., and the City of Burlington dated December 17, 1985.
(d) The strip of land described in Amendment No. 1 to June 18, 1985 Lease Agreement between the State of Vermont, Agency of Transportation, the Vermont Railway, Inc., and the City of Burlington dated December 6, 1985.
(e) The land and premises described in the Memorandum of Understanding between the State of Vermont, the City of Burlington, Vermont Railway, Inc., and G.S. Blodgett Co., Inc., and Cloverleaf Properties, Inc., dated in October, 1987.
(f) The land and premises described in the easement deed granted to the City of Burlington by Cloverleaf Properties, Inc., dated August 8, 1988, and recorded in Volume 393 at page 689 of the land records of the City of Burlington.
(31) Bernard J. Leddy Park. The land and premises consisting of approximately seventy-five (75) acres of land located to the west of North Avenue obtained from Corenco Corporation through condemnation proceedings by order dated November 23, 1970, and recorded in Volume 199 at page 278 of the land records of the City of Burlington.
Also, a parcel of land fifty feet by fifteen feet (50‚ÄðЗ15‚Äð) located at the westerly end of Leonard Street which was conveyed to the City of Burlington by quit-claim deed of Charles Anagolano dated August 5, 1977, and recorded in Volume 246 at page 374 of the land records of the City of Burlington.
(32) Waterfront Park and Promenade. The land and premises bordering Lake Champlain and identified as parcels A and C which were conveyed to the City of Burlington by quit-claim deed of Central Vermont Railway, Inc., dated August 3, 1990, and recorded in Volume 420 at page 322 of the land records of the City of Burlington.
(33) Waterfront Shelter.
(34) Northern Connector Bikepath & Bridges.
(35) Elaine and George Little Park. The land and premises located on North Winooski Avenue which was conveyed to the City of Burlington by quitclaim deed of Burlington Community Land Trust dated August 11, 1995, and recorded in Volume 529 at page 364 of the land records of the City Burlington. Said property is a triangular parcel bounded northerly by Archibald Street, westerly by Bright Street and easterly by North Winooski Avenue.
(36) Appletree Park. The parcel of land containing 3.67 acres of land located northerly of Edinborough Drive and easterly of Murfield Road which was conveyed to the City of Burlington by limited warranty deed of The Merchants Bank dated March 3, 1997, and recorded in Volume 561 at page 558 of the land records of the City of Burlington. Said parcel is designated as recreation lot and depicted on a plan captioned "Final Plat—Phase Three. Strathmore, Appletree Point" dated October 15, 1987, last revised May 8, 1990, and recorded at Map Hanger 228A.
(37) Burlington Skate Park. The triangular piece of land and premises located on Lake Street, north of Waterfront Park, being a portion of the land and premises conveyed to the City of Burlington by deed of Central Vermont Railway, Inc., dated October 15, 1991, and recorded in Volume 438 at page 402 of the land records of the City of Burlington. The Skate Park consists of approximately one and four tenths (1.4) acres, the southerly side bounded by Waterfront Park and two hundred thirty-five (235) feet in length, the westerly side bounded by the City of Burlington water plant and three hundred eighty (380) feet in length, and the easterly side bounded by the New England Central Railroad tracks and five hundred thirty (530) feet in length.
(38) Kieslich Park. The land and premises consisting of approximately twelve (12) acres located at 311 North Avenue, bordered by Lake Champlain, BCCH properties, North Avenue and the city public land noted as "Texaco Parcel" conveyed to the City of Burlington by warranty deed of VLTBTV Parkland, LLC dated February 11, 2019, and recorded in Volume 1434 at page 232—233 of the land records of the City of Burlington.
(Rev. Ords. 1962, § 3801; Ord. of 12-17-73, § 1; Ord. of 11-16-81; Ord. of 10-24-83; Ord. of 5-20-85; Res. of 2-18-97, § 1; Ord. of 1-26-98; Ord. of 6-26-00; Ord. of 5-10-04. eff. 6-9-04; Ord. of 10-24-22(2))
Charter reference—Authority of city council to establish and control parks, § 48 (XXXVI).
22-2 Damage to parks.
No person shall pick any flowers, fruit or foliage, or cut, break, dig up or in any way mutilate or injure any tree, shrub, plant, grass, turf, railing, seat, fence, structure or anything in any of the city parks, or cut, carve, point, mark or paste on any tree, stone, fence, wall, building, monument or other object therein, any bill, advertisement or inscription whatsoever.
(Rev. Ords. 1962, § 3902)
22-3 Digging or blasting prohibited.
No person shall dig up or remove any dirt, stones, rock or other thing whatever, make any excavation, quarry any stone or lay or set off any blast, or cause or assist in doing any of such things, within any of the city parks without the special order or license of the park commission.
(Rev. Ords. 1962, § 3912)
Cross reference—Removal of soil from cemetery prohibited, § 9-15.
22-4 Littering.
No bottles, broken glass, ashes, wastepaper or other rubbish shall be left in any of the city parks, except at such place or places as may be specially designated by the park commission.
(Rev. Ords. 1962, § 3913)
Cross reference—Rubbish to be removed from city cemeteries, § 9-7.
22-5 Glass bottles prohibited; exception.
No person shall possess glass beverage bottles in any city park or city school playground except in the campsite area at North Beach.
(1969 Cum. Supp., § 3919)
22-6 Throwing stones or other objects prohibited; exception.
No stone or other missile shall be thrown or rolled from, into, within or upon any of the city parks, except in such places as the park commission may designate as a ball field in playing games in which a ball is used.
(Rev. Ords. 1962, § 3903)
Cross reference—Throwing stones or other missiles prohibited, § 21-35.
22-7 Camping in parks prohibited.
(a) It shall be unlawful for any person to camp in any public park in the city unless otherwise authorized by this code. Camping may occur at public areas designated as campsites by the parks and recreation department.
(b) The term "to camp" shall include the placing of any bedding, sleeping bag or other material at a site to serve as a sleeping area; the placing of any tent, lean-to, other structure or vehicle at a site to serve as a sleeping or living area; or the use of any public park for sleeping between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. of 10-2-95)
22-8, 22-9 Reserved.
Editor’s note—An ordinance enacted Aug. 4, 1986, repealed the provisions formerly codified as §§ 22-7—22-9, derived from §§ 3905, 3906 and 3918 of the city’s 1962 Revised Ordinances, and which pertained to the prohibition of threatening or abusive speech and public demonstrations; prohibiting selling; and regulating the use of inflatable toys or devices at the municipal beach.
22-10 Fires prohibited.
No person, except by authority of the park commission, shall light, kindle or use any fire in any of the city parks.
(Rev. Ords. 1962, § 3908)
Cross reference—Open fires restricted, §§ 13-3—13-5; emission of smoke or cinders prohibited, § 21-17.
22-11 Discharging fireworks prohibited.
No person shall discharge or set off, on or within any of the city parks, any firecrackers, torpedoes, rockets or other fireworks, except by license from the park commission.
(Rev. Ords. 1962, § 3911)
Charter reference—Authority of city council to regulate or restrain fireworks, § 48(XXV).
22-12 Firearms prohibited.
No person shall carry or have any firearms in any of the city parks, and no firearms shall be discharged in, from or into the same.
(Rev. Ords. 1962, § 3903)
Cross reference—Shooting galleries to be licensed, § 4-6; firearms prohibited in cemeteries, § 9-13; discharging firearms prohibited, § 21-12; bow and arrow and air guns prohibited, § 21-10.
22-13 Animals prohibited; exception.
No domestic animals, except dogs, shall be permitted in any park.
(Rev. Ords. 1962, § 3901; Ord. of 9-10-12(1))
Cross reference—Animals going at large in streets or parks prohibited, § 5-1; dogs running at large prohibited, § 5-21; dogs prohibited in cemetery, § 9-14.
22-14 Disturbing birds, nests, eggs or animals prohibited.
No person shall disturb or injure any bird, bird’s nest or eggs, or any squirrel or other animal within any of the city parks.
(Rev. Ords. 1962, § 3910)
22-15 Hitching horses to trees or shrubs prohibited.
No horse shall be hitched to any shrub or tree in any of the city parks.
(Rev. Ords. 1962, § 3914)
22-16 Motor vehicles subject to park regulations.
No automobile or other motor vehicle shall be taken into or driven upon any public park, except upon such drives and subject to such regulations as the park commission may from time to time especially designate by public notice set up for that purpose within the park.
(Rev. Ords. 1962, § 3915)
Cross reference—Operation of vehicles generally, § 20-23 et seq.
22-17 Reserved.
Editor’s note—A regulation adopted July 8, 2020, deleted § 22-17 which pertained to speed limits and derived from Rev. Ords. 1962, § 3904 and 1969 Cum. Supp., § 3904.
22-18 Driving on grass.
No person shall ride or drive upon the grass, turf or lawns of any city park.
(Rev. Ords. 1962, § 3909)
22-19 Bathing prohibited.
No person shall bathe in any waters in or adjacent to any of the city parks, except in such places and subject to such regulations as the park commission may from time to time especially designate by a public notice set up for that purpose within the park.
(Rev. Ords. 1962, § 3907)
22-20 Nudity prohibited.
No person shall go about naked within any of the city parks.
(Rev. Ords. 1962, § 3907)
22-21 Reserved.
Editor’s note—An ordinance adopted December 12, 2022, deleted § 22-21 which pertained to Burlington Municipal Arena rules and regulations and derived from resolutions of Dec. 10, 1973 and July 26, 1976 and ordinances of Nov. 22, 1976, Apr. 14, 1980, and May 26, 1981.
22-22 Consumption of alcoholic beverages prohibited.
No person shall consume or attempt to consume any intoxicating malt or vinous beverages or any intoxicating spirits within that portion of the City of Burlington bounded on the north by the curbline of College Street, on the west by the curbline of St. Paul Street, on the south by the curbline of Main Street and on the east by the curbline of Church Street, excluding the interior of any building located within such boundaries. Provided, this section may be waived by the board of park commissioners upon prior application for properly organized and supervised activities within the limits of City Hall Park as described in section 22-1 hereof.
(Ord. of 10-25-76, § 1; Ord. of 1-9-95)
22-23 Penalty.
A violation of the following sections of this chapter shall be deemed a civil offense:
Section 22-2. Damage to parks.
Section 22-3. Digging or blasting prohibited.
Section 22-4. Littering.
Section 22-5. Glass bottles prohibited; exception.
Section 22-6. Throwing stones or other objects prohibited; exception.
Section 22-7. Camping in parks prohibited.
Section 22-10. Fire prohibited.
Section 22-11. Discharging fireworks prohibited.
Section 22-13. Animals prohibited, exception.
Section 22-14. Disturbing birds, nests, eggs or animals prohibited.
Section 22-15. Hitching horses to trees or shrubs prohibited.
Section 22-16. Motor vehicles subject to parks regulations.
Section 22-18. Driving on grass.
Section 22-22. Consumption of alcoholic beverages prohibited.
In addition, a violation of any provision of the rules and regulations of the parks, recreation and waterfront department contained in Appendix D of this Code of Ordinances shall be deemed a civil offense. A violation of these sections or the rules and regulations shall be punishable by a civil penalty of from fifty dollars ($50.00) to five hundred dollars ($500.00). The waiver penalty for such offenses for purposes of the municipal complaint (civil ticket) shall be fifty dollars ($50.00). Each day’s continued violation shall be a separate offense. The director of the parks, recreation and waterfront department, waterfront managers, city arborist, urban park rangers, seasonal operations supervisors and all law enforcement officers are authorized to issue a municipal complaint for a violation of this chapter. For the limited purpose of interim stewardship and pending completion of a long-term planning process the land known as Urban Reserve, bordered on the north by Kieslich Park, on the east by the railroad, on the west by Lake Champlain, and the south by the Community Sailing Center, shall be considered a city park subject to this chapter and the rules and regulations set forth in Appendix D.
(Ord. of 1-9-95; Ord. of 6-26-95; Ord. of 10-2-95; Ord. of 6-6-22(2); Ord. of 4-17-23(2); Ord. of 6-20-23)
Charter reference—Power of city council to regulate, § 48(XXXVI); appropriations for park expenditures authorized, § 67; board of park commissioners established, § 120; department of public parks generally, §§ 203—217.