APPENDIX D
RULES AND REGULATIONS OF THE BURLINGTON PARKS AND RECREATION DEPARTMENT
1 Park reservation and special use policy.
2 Perkins Pier Marina, Waterfront Park and Community Boathouse.
3 Harbor and waterways; designated areas.
4 Beaches and waterfront areas.
5 Park closings.
6 Tennis and basketball courts.
7 Off-leash dog areas.
8 Repeal of prior rules.
1 Park reservation and special use policy.
(a) General statement. The department of parks and recreation will make park properties and facilities available to the public on a first-come-first-served basis. Certain areas and facilities may be available for special use on a reservable and exclusive-use basis. Special use of areas and facilities must be compatible with the department’s overall policy of appropriate and equitable use and wise land management. Specific policies and regulations have been developed as detailed in subsections (c) through (i) of this section, which cover many of these special uses. Any request for park use which is not detailed in subsections (c) through (i) of this section must be submitted to the parks commission for consideration.
The policies and procedures for park special use and required permits as stated herein are exclusive of contractual agreements in excess of four (4) days which are generally associated with seasonal concessionaires.
(b) Objectives. The objective of the park reservation and special use policy as detailed herein is to define the purpose for which park areas and facilities may be used, appropriateness and conditions of use, scheduling requirements and priorities, permit requirements and applicable charges for services and facilities provided by the department. An individual might require more than one (1) permit, depending on the activity.
(c) Types of park permits.
(1) General park permit. A group of twenty (20) or more who use a park area or facility.
(2) Approved schedules submitted by recognized youth or adult sports leagues, Burlington City governmental divisions or recognized annual concert series.
(3) Reservation permit. Included as part of a facility rental.
(4) Videography and photography permit (commercial use). Any use of videos, drones, or photography for commercial purposes in city parks.
(5) Programs in parks permit. For any commercial program or instruction in parks.
(6) Officiants permit. For officiants who charge to perform weddings and civil ceremonies in parks.
(7) Neighborhood park permit. For neighborhood focused events sponsored by residents, neighborhood businesses, or nonprofits.
(8) Rally/demonstration permit. For demonstrations in parks.
(9) Bike path permit. For use of the Burlington Greenway for an event.
(d) Conditions requiring park special use approvals. A park special use approval by the parks commission is required if one (1) or more of the following conditions exist:
(1) Use of park area or facility for commercial purposes, including, but not limited to, the sale of goods and services, solicitation of monies, sale of tickets or games of chance. Officiant and program permits, while commercial, do not require park commission approval.
(2) Fundraising.
(3) Amplified sound. Any sound created by the use of sound amplification equipment associated by an event beyond what is permitted in subsection (h) of this section.
(e) Rules and regulations concerning park permits.
(1) Park special use permits will be issued to responsible persons eighteen (18) years of age or older.
(2) Persons representing organizations, institutions or businesses must be an authorized representative and accountable for any personal or property damage arising from the activities of the group and for the conduct of those in the group.
(3) Payments associated with park permits must be made at the time the permit is issued.
(4) Requests for adjustments to park permits may be made by the applicant forty-eight (48) hours prior to scheduled use without liability. Refunds for cancellations follow the department refund policy. The department will issue cancellation notices as far in advance as possible, but reserves the right to cancel at any time as deemed necessary.
(5) Permits may be canceled by authorized department personnel or the chief and tour commander of the police department at the time of the reservation if the conditions and intent of the permit is violated or if the permit holders violate any park rule or regulation, park or city ordinance, Vermont State or federal law.
(6) Upon cancellation of a permit as a result of a violation of the permit agreement or violation of park regulations, park or city ordinances, Vermont state or federal law, the park area and/or facilities will be vacated by the group as stated on the permit and the area/facility will revert to use on a first-come first-served basis until such time as a succeeding permit comes into effect.
(7) No tickets are to be sold or admission charged, donations or other money-raising methods conducted except as expressly approved by the parks commission or authorized designee.
(8) No group shall conduct any activity causing undue additional work for the department unless a previous agreement has been made for reimbursement.
(9) Permits are not transferable to another individual or group.
(10) Request requiring department or park commission approval must be submitted in writing.
(11) Individuals or groups, including vendors associated with events, shall be required to provide proof of a comprehensive liability policy protecting themselves and the City of Burlington, as an additional insured, from loss or liability arising out of their sponsored activities as required by the city’s policy on procurement, property disposition, and approval authority for public contracts and related financial transactions. The limits of such policy will be identified in the permit application.
(f) Park user classifications. Park areas and facilities will be available for special use on a first-come first-served reservation system. However, upon the discretion of the department, to best serve the recreational needs of the public, and in order to give priority to the various groups making application for special use, the user classifications will preclude the first-come first-served reservation system. Appeals for park special use allocations may be made in writing to the parks commission for consideration.
(1) Class I recreational—Open to the public.
a. Department-sponsored events and activities.
b. Department-cosponsored events and activities.
c. Burlington School District youth athletics.
d. Nonprofit youth and adult sports leagues.
e. Governmental divisions/agencies, quasi-public agencies, nonprofit agencies.
f. Individuals, groups, organizations, businesses.
(2) Class II recreational—closed membership, not open to the public.
(3) Class III nonrecreation—nonprofit.
(4) Class IV commercial.
(g) Park special use approval authorization.
(1) The department of parks and recreation is authorized to process and approve all requests for park permits unless noted as requiring special use approval in subsection (d) of this section or outside of a standard use of a park.
(2) All special use approvals must be submitted in writing and approved by the parks commission.
(3) Any request for city cosponsorship of an event or for park special use not in compliance with the park special use policy must be submitted in writing and approved by the parks commission.
(h) Approved activities by park. Park permits will be issued for park areas and facilities under the following guidelines and restrictions:
(1) Neighborhood and community parks. Lakeside, Pomeroy, Roosevelt, Schmanska, Smalley, Appletree, Baird, Kieslich, Schifilliti, Ethan Allen, Calahan, Starr Farm, Dewey, Champlain Street. Neighborhood parks, generally serving an area within a one-quarter-mile radius, are intended for use by neighborhood residents on a first-come first-served basis. Permits for events will be issued only to local youth groups, neighborhood organizations and civic organizations for specific events. Approval for continuous scheduled use by youth sports leagues may also be granted. Sound played through a personal device shall be prohibited in neighborhood parks from 10:00 p.m. until 7:00 a.m. and all events using amplified sound must have park commission approval.
(2) Regional parks. Battery Park, City Hall Park, Perkins Pier, Waterfront Park, Oakledge Park, North Beach, Burlington Greenway, A_Dog Skate Park.
a. Battery Park. Cultural, performing arts and concerts, public speeches and demonstrations, civic ceremonies, fundraising, shows and exhibits. The amplified sound at events or concerts shall not exceed four (4) consecutive hours in duration. Sound checks or testing shall commence no earlier than three (3) hours before the start of the permitted performance schedule. Concerts shall be limited to three (3) per week, not more than one (1) per day, with the week commencing on Saturday at 9:30 a.m. Concerts shall not be scheduled on more than two (2) consecutive days and will commence no earlier than 9:30 a.m. unless specifically authorized by the board of parks and recreation commission, nor shall they conclude later than 9:00 p.m. The volume level of any concert, or any event with amplified sound, shall not exceed eighty-five (85) decibels (A-weighted) at any time when measured at any place on the exterior perimeter of the park.
b. City Hall Park. Cultural, performing arts and concerts, public speeches and demonstrations, civic ceremonies, fundraising, shows and exhibits. Sound checks or testing shall commence no earlier than three (3) hours before the start of the permitted performance schedule. Concerts shall be limited to a maximum of eight (8) per week, not more than three (3) per day, with the week commencing on Saturday at 8:00 a.m. Concerts shall conclude no later than 10:00 p.m. The volume level of any concert shall not exceed ninety-five (95) decibels (A-weighted) at any time when measured at any place on the exterior perimeter of the park.
c. Perkins Pier. Waterfront or aquatic-oriented events. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than three (3) hours before the start of the permitted event or concert and no earlier than 9:00 a.m. The volume level of any concert, or any event with amplified sound, shall not exceed eighty-five (85) decibels (A-weighted) at any time when measured at any place on the exterior perimeter of the park.
d. Waterfront Park. Available for cultural, performing arts and concerts, fundraising events, shows and exhibits. Amplified sound must follow Act250 Waterfront Park requirements and all events require waterfront event committee approval.
e. Leddy Park. Available for field sports, tennis, picnicking and aquatic events. Permit for entertainment must be approved by the board of parks and recreation commissioners. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than three (3) hours before the start of the permitted event or concert and no earlier than 9:00 a.m. The volume level of any concert, or any event with amplified sound, shall not exceed eight-five (85) decibels (A-weighted) at any time when measured at any place on the exterior perimeter of the park.
f. Oakledge Park. Available for field sports and picnicking. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than three (3) hours before the start of the permitted event and no earlier than 9:00 a.m. The volume level of any concert, or any event with amplified sound, shall not exceed eight-five (85) decibels (A-weighted) at any time when measured at any place on the exterior perimeter of the park.
g. North Beach Park. Available for aquatic events, picnicking and fundraising events. The amplified sound at events or concerts shall not exceed four (4) continuous hours in duration. Sound checks or testing shall commence no earlier than three (3) hours before the permitted event or concert and no earlier than 9:00 a.m. The volume level of any concert, or any event with amplified sound, shall not exceed eight-five (85) decibels (A-weighted) at any time when measured at any place on the exterior perimeter of the park.
h. Burlington Greenway. Available for runs and walks and requires a bike path permit regardless of entry and exit points for events. Bicycle events require special use approval by the parks commission.
i. A_Dog Skate Park. Available for recreation programming and special community events. Permit for exclusive use, outside of department programs, must be approved by the parks commission.
(3) Park natural areas. Arms Park, McKenzie Park, Northshore Natural Area, 127 Recreation Path, Urban Reserve. Property suitable for passive recreation and educational purposes.
(i) Sound from personal devices must be restricted to within six (6) feet of the device.
(j) Fees and charges. As set annually by the parks commission.
(k) Appeals. Denial of a park permit by the department of parks, recreation, and waterfront, or the requirement of a permit for a proposed activity, may be appealed to the parks commission for review. Such appeal must be submitted at least seven (7) days prior to the regularly scheduled parks commission meeting prior to the date of the proposed activity. The parks commission’s decision on the denial or requirement for a permit shall be final.
(l) Alcohol. All rules and regulations regarding alcohol in parks are governed by Section 21-38.
(m) Penalties. Permittees violating conditions of permits may lose the opportunity for future permits, in addition to those penalties outlined in Chapter 22.
(Reg. of 8-4-86; Reg. of 2-23-87; Res. of 6-26-95; Res. of 6-9-97; Res. of 6-22-98; Res. of 9-14-98; Ord. of 6-16-25)
2 Perkins Pier Marina, Waterfront Park and Community Boathouse.
(A) Safety and Courtesy:
(1) Motorists shall not operate any motor vehicle within the land area of Perkins Pier or Waterfront Park at a speed in excess of five (5) miles per hour.
(2) Motorists shall park automobiles and boat trailers only in areas designated for that purpose and shall ensure that said vehicles and/or trailers do not block or impede pedestrian and bicycle access along designated pedestrian and bicycle paths. Persons wishing to use launching facilities may do so only after purchase of an appropriate daily vehicle entrance ticket or season’s vehicle and trailer vehicle entrance pass.
(B) Season Docking Permits:
(1) No person shall tie up overnight to any slip or bulkhead without first having acquired a transient permit signed by the Dock Master or having paid a transient fee. Vessels within the docking areas are presumed to be overnight if they remain after 8:00 p.m. E.D.T.
(2) Owner must provide adequate line and feeders and maintain them in proper condition and arrangement. In the interest of safety, the Dock Master may require that dock lines and feeders be changed or altered. In an emergency situation threatening damage to the owner’s vessel, another vessel or property of the City of Burlington. The Dock Master may cause appropriate lines and feeders to be attached to the owner’s vessel and do other necessary work and the cost of so doing shall be charged to the owner.
(3) The City of Burlington will provide docking assistance and maintain reasonable surveillance during regular hours but will not be held responsible for the security and/or safe-keeping of vessels moored or docked at the facility.
(4) This agreement is not transferable and the City reserves the right to use accommodations reserved by this agreement during temporary vacancies by owner. Owner shall give the City advance notice of commencement and duration of such vacancies.
(5) After May 1st no refunds will be given to persons choosing not to use a designated slip or mooring after having previously made payment to reserve said slip or mooring for the season. The only exception would be if the Department is able to refill the space at full value by May 15th of the same year.
(6) In no case may flame, heating elements, inflammable liquids, explosive gases or other hazardous materials or equipment be used on the vessel while it remains at the City’s facilities, but the use of approved galley stoves, lamps, motors and other equipment shall be allowed.
(7) Owner expressly undertakes and agrees to hold the City harmless with respect to damage or loss to or of the vessel or its outfit, except such damage as may be conclusively attributed to the City’s own negligence, and this undertaking is provided to induce the City to enter into this agreement.
(8) Season’s docking permit rates shall be set annually by the Harbor Commission, subject to final approval of the City Council. Persons acquiring a larger or smaller boat during the permit period shall have their fee altered and prorated on the basis of the amount of the season left. Boats shall not tie up prior to May 15th or later than October 15th without written permission from the Harbor Master. Season’s slips remaining open after July 1 may, after due notice by the Harbor Commission, be reclaimed and reallocated by the Commission.
(9) Permit holders failing to remove vessel from assigned slip by October 15 are subject to a late fee and/or towing fee set annually by the Harbor Commission.
(10) Additionally, rules set annually by the Parks and Recreation Commission are in effect and enforceable by ordinance.
(Reg. of 11-4-85; Reg. of 6-27-88; Reg. of 6-22-92)
3 Harbor and waterways; designated areas.
(A) Commercial Activities: These are defined as conduct involving the sale of goods or services for money or other consideration; and also handing out of goods, on land or on water within the Burlington Harbors. No such activities shall be conducted unless by authorization of the Harbor Commission or the Harbor Master.
(B) The Inner and Outer Harbor: The harbor of the City of Burlington shall, for the purposes of these rules and regulations, be divided into two (2) areas as follows:
(1) Inner Harbor. The Inner Harbor shall include all waters between the shoreline and breakwater of the harbor and such other waters as are included in a line drawn from the beacon on the northerly end of the breakwater following a compass heading of 007 degrees to a point of land commonly referred to as "Texaco Beach" and on the south end of the breakwater from the beacon following a line drawn of compass heading 120 degrees to a point of land commonly referred to as "Barnes Basin" also known as "The Barge Canal." (See Figure 1.)
Details of the Inner Harbor include:
(a) Special Anchorage Area: The area located at the southerly and shoreline end of the Inner Harbor.
1. The Harbor Commission shall, after consultation with the Harbor Master, determine the number of moorings that the Parks and Recreation Department will install and maintain for lease in said Special Anchorage Area.
2. The yearly registration period for a mooring permit shall run from May 15 through October 15. Any prior year moorings not registered with the Parks and Recreation Department by this time shall be cancelled and the mooring space allocated to those granted permits on a waiting list maintained by the Parks and Recreation Department.
3. A mooring location is not transferable. No mooring location or mooring may be rented.
4. A mooring permit does not give the permit holder any right of claim to any particular location. It does give the permit holder a location in the Special Anchorage Area at a mooring designated on the permit or as designated by the Harbor Master.
5. Permit holders are prohibited from boat or yacht chartering, selling or brokering, or carrying on any such businesses which involve the commercial or business use of the mooring in any way. This provision shall not prohibit the casual private sale between private persons not normally engaged in the selling, chartering or brokering of boats.
6. The fee for registering or re-registering a mooring shall be set by the Harbor Commission and approved by the City Council each year. All checks are to be made payable to the Parks and Recreation Department.
7. Permit holders failing to remove vessels from the Special Anchorage Area by October 15 are subject to a late and/or towing fee set annually by the Harbor Commission.
(b) Anchorage Area: Located easterly of the southern end of the breakwater, the Anchorage Area shall be marked with buoys.
1. Except in cases of emergency, special events or diving expeditions, no vessel shall anchor anywhere within the Inner Harbor except in the designated Anchorage Area.
2. No transient or visiting vessel shall anchor in the Anchorage Area without obtaining an anchorage permit from the Harbor Master, except that a vessel when first arriving in port may anchor in the Anchorage Area or make fast to any available mooring or pier for the period of time necessary to secure an anchorage permit.
3. A vessel arriving in port after 8:00 p.m. may anchor in the Anchorage Area until a permit is secured not later than 10:00 a.m. the following morning.
4. No permit shall be granted to any vessel to anchor in the Anchorage Area in excess of three consecutive days.
5. Owners of vessels anchored in the Anchorage Area shall be responsible for the security and/or safe keeping of such vessels, and shall hold the City of Burlington harmless for any damages caused to or by such vessel while in the Anchorage Area.
6. No fees for permits in the Anchorage Area shall be charged until such time as moorings are installed and the area is approved as a designated anchorage area.
(c) No person shall operate a boat, vessel or other watercraft upon any of the waters within the harbor of the City of Burlington at a speed greater than is reasonable or prudent, having due regard for other vessels, property and persons on said harbor and in no event at a speed which endangers the safety of persons or property.
(d) No person shall place a mooring, anchor, piling, swimming platform or permanently fixed object within the Inner Harbor without permission from the Harbor Commission.
(2) Outer Harbor: The Outer Harbor shall include all the waters of the harbor of the City of Burlington other than the waters included in the Inner Harbor as described by the Charter.
(a) Swimming Management Areas—Rules per State law: No person, except a lifeguard on duty and other authorized personnel, may operate any boat, canoe or water vehicle of any sort within the designated swimming area. A swimming area shall be marked in accordance with 23 V.S.A. section 3310(b), or any amendment or renumbering thereof. Areas shall be within the confines of their respective beach. Specifically this area will be determined annually by the Director of Parks and Recreation.
1. Blanchard Beach.
2. Oakledge Cove Beach.
3. Leddy Park Beach.
4. North Beach.
(3) Moorings:
(a) No person shall charge money or other consideration for the placement of or use of a mooring unless specifically authorized to do so by an act of the Vermont General Assembly. The term "mooring" herein shall also include a boat lift or carriage.
(b) No person may interfere in whole or in part with the right of access of a lake shore property to the line of navigability of the lake by the placement of a mooring, raft, anchored vessel, dock or other structure in the waters of the lake lying between the littoral property and the line of navigability. The line of navigability shall be such points where the actual depth of the lake is four (4) feet. The rights among adjoining littoral properties shall be established by a method which divides the line of navigability proportionately and equitably to the several frontages of the shore. The "colonial method" shall be used unless it results in inequitable apportionment. The "colonial method" shall mean drawing a base line between the two (2) corners of any shoreline property where they are bounded by the lake. From these two (2) corners parallel lines are extended at ninety (90) degrees from the base line to the line of navigability. Where the extension of such lines by adjoining properties intersects due to concavity of the shoreline, the area shall be allocated by a line bisecting the area of such overlap.
(c) Docks. Wooden or metal docks for noncommercial uses mounted on poles or floats are permitted in the outer harbor, provided that:
1. The combined horizontal distance of the proposed encroachment and any existing encroachments located within one hundred (100) feet thereof which are owned and controlled by persons interested in the littoral property do not exceed fifty (50) feet and their aggregate surface areas do not exceed five hundred (500) square feet; and
2. Concrete, masonry, earth or rock fill, sheet piling, bulk heads, crib rock or other similar construction does not form any part of the structure; and
3. Navigation or boating is not unreasonably impaired.
The Harbor Master or Harbor Commission is authorized to order offending structures to be modified, moved or removed.
(d) All issues regarding the administration of the harbor regulations shall first be resolved by the Harbor Master. Any person aggrieved by the Harbor Master’s action or failure to act may appeal to the Harbor Commission by filing a written request for such appeal with the Harbor Commission within fourteen (14) days.
(C) Designated Areas:
(1) Within the waters of the inner harbor of the City of Burlington there shall exist the following designated areas as identified on the chart attached hereto:
(a) Mooring management area (Perkins Pier) located at the southerly and shoreline end of the inner harbor.
(b) Anchorage areas located at the southern end of the breakwater.
(2) Within the Perkins Pier mooring management areas, the following rules and regulations shall apply:
(a) The harbor commission shall, after consultation with the harbormaster, determine the number of moorings that the parks and recreation department will install and maintain for lease in each mooring management area.
(b) The yearly registration period for a mooring permit shall run from May 15 through October 15. Any prior year moorings not registered with the parks and recreation department by this time shall be cancelled and the mooring space allocated to those granted permits on a waiting list maintained by the parks department.
(c) A mooring location is not transferable. No mooring location or mooring may be rented.
(d) A mooring permit does not give the permit holder any right of claim to any particular location. It does give the permit holder a location in the designated mooring management area, at a mooring designated on the permit or a location designated by the harbormaster.
(e) Permit holders are prohibited from boat or yacht chartering, selling or brokering, or carrying on any such businesses which involve the commercial or business use of the mooring in any way. This provision shall not prohibit the casual private sale between private persons not normally engaged in the selling, chartering, or brokering of boats.
(f) The fee for registering or re-registering a mooring shall be set by the city council each year. All checks are to be made payable to the parks and recreation department.
(3) Within the inner harbor there is established an anchorage area along the inner side of the breakwater as delineated on a chart attached hereto. Within the anchorage area the following rules shall apply:
(a) Except in cases of emergency, no vessel shall anchor anywhere within the inner harbor except in the designated anchorage area.
(b) No transient or visiting vessel shall anchor in the anchorage area without obtaining an anchorage permit from the harbormaster, except that a vessel when first arriving in port may anchor in the anchorage area or make fast to any available mooring or pier for the period of time necessary to secure an anchorage permit.
(c) A vessel arriving in port after 8:00 p.m. may anchor in the anchorage area until a permit is secured at 10:00 a.m. the following morning.
(d) No permit shall be granted to any vessel to anchor in the anchorage area in excess of three (3) consecutive days.
(e) Owners of vessels anchored in the anchorage area shall be responsible for the security and/or safe keeping of such vessels, and shall hold the City of Burlington harmless for any damage caused to or by such vessel while in the anchorage area.
(f) No fees for permits in the anchorage area shall be charged until such time as moorings are installed and the area is approved as a designated anchorage area.
(Res. of 11-4-85; Reg. of 6-27-88; Reg. of 6-22-92; Res. of 6-22-98)
4 Beaches and waterfront areas.
(a) Prohibited activities.
(1) Changing clothes except in bathhouse.
(2) Permitting dogs, except for service dogs, on beaches, except where permitted elsewhere in Appendix D.
(3) Swimming from dusk till dawn during the summer season or at any time before the beaches are opened for the season or after they are closed for the season.
(4) Swimming from or at Perkins Pier from May 1 to October 31.
(5) Leaving unattended a child yet to reach their twelfth birthday.
(6) Using inflatable or foam rafts or tubes.
(7) Using nonpersonal Coast Guard approved flotation devices.
(8) Parking in any area except the parking lots unless specifically directed to do otherwise by parks and recreation department personnel.
(b) Rate structure.
(1) The following regulations shall apply to persons entering Bernard J. Leddy Park, Oakledge Park, North Beach and Perkins Pier during the summer season, generally held to be May 15 until Labor Day or as otherwise posted.
(2) Reserved.
(3) No person shall enter the above-mentioned areas by motor vehicle unless the operator of the motor vehicle pays an entrance fee determined annually by the parks commission, subject to the final approval of the city council, except that no daily fee shall be charged any vehicle or trailer:
a. With a season’s pass;
b. Whose operator is the rightful bearer of a Green Mountain Passport if applicable. Park locations which accept the Green Mountain Passport shall be posted on the department’s parking webpage and updated annually; or
c. Whose operator qualifies for and receives a business pass as described herein.
(4) A season’s pass may be issued to motor vehicles of residents and nonresidents of Burlington upon a payment of a fee determined annually by the parks commission, subject to final approval of the city council. For the purpose of these regulations, the legal address as listed on the registration of the vehicle in question shall determine residency. Eligible vehicles must be owned or otherwise be substantially controlled by the individual making application and intended for their private, noncommercial recreational use while at said parks.
(5) Reserved.
(6) A special boat trailer season’s pass may be issued to residents and nonresidents for the use of Perkins Pier upon payment of a fee determined annually by the parks commission, subject to final approval of the city council, in addition to the purchase of the appropriate resident or nonresident season’s vehicle pass. The trailer may not be left for storage beyond three (3) nights at any parking lot or boat launch location, unless permission is provided by the harbormaster or deputy harbormaster.
(7) Season’s vehicle passes may be issued by the parks, recreation and waterfront department, or designee, to vehicles leased for personal use under the following conditions:
a. The vehicle is lawfully registered.
b. The applicant is able to produce evidence satisfactory to the department that the vehicle in question is substantially controlled for the personal use with permission of the owner or lessee.
(8) A business pass may be issued to the operator of a motor vehicle for specific business with the parks, recreation and waterfront department, or a concessionaire or licensee under contract with the department to operate within the park, except that said pass shall not be available to any applicant for use of a recreational service during the time of admission.
(9) There shall be no admission fee for pedestrians or for the operators of bicycles, buses owned by CCTA, vehicles of parks and recreation department employees, or other municipal, state or United States government vehicles operated by persons conducting official business.
(10) All buses, defined as vehicles with carrying capacity of sixteen (16) or more passengers, may be admitted on a space-available basis at a fee determined annually by the parks commission, subject to final approval of the city council.
(11) The falsification of identification or legal address for the purpose of obtaining a city resident pass shall be considered a violation of a city ordinance and conviction thereof shall be punishable by a fine not to exceed seventy-five dollars ($75.00).
(12) The parks commission reserves the right to suspend or revoke, after appropriate hearing for violation of a parks and recreation regulations or ordinance, any permit issued under provisions hereof.
(c) Swim at your risk at all city beaches and water access points.
(Res. of 11-4-85; Res. of 4-17-2000; Ord. of 4-17-23(2); Ord. of 6-16-25)
5 Park closings.
(A) Motor vehicles are prohibited at all times within the confines of City Hall Park, Champlain Street Park, Lakeside Park, Pomeroy Park, Roosevelt Park, Smalley Park and Battery Park.
(B) Motor vehicles are permitted to be driven and/or parked within the confines of Waterfront Park, Leddy Park, South Park, Oakledge Park, Ethan Allen Park, North Beach Park and Perkins Pier, provided that:
(1) Motor vehicles shall be excluded from the confines of Leddy Park between 11:00 p.m. and 6:00 a.m., except that motor vehicles may be driven and/or parked within the confines of Leddy Park during such time for the purpose of attending scheduled skating events at Gordon H. Paquette Municipal Arena. Motor vehicles shall be excluded from Perkins Pier between the hours of 11:00 p.m. and 6:00 a.m., except that motor vehicles may be driven and/or parked within the confines of Perkins Pier if the person driving and/or parking such vehicles displays on his or her dash-board a late parking permit obtained from the attendant upon admission to the Pier.
(2) Motor vehicles shall be excluded from the confines of Schmanska Park, Ethan Allen Park, Waterfront Park and Oakledge Park between the hours of 9:30 p.m. and 6:00 a.m.
(3) Motor vehicles shall be excluded from the confines of North Beach Park, unless access and parking within the campsite area are allowed by permit, between Saturday at 6:00 a.m. on the last weekend in April and the end of Labor Day in the following manner:
(a) Motor vehicles shall be excluded from the "bench parking lot" as follows:
1. Between 9:30 p.m. and 9:00 a.m. or
2. Within twenty (20) minutes after the time that the lifeguard in charge shall announce that the beach is closed.
(4) Between midnight on Labor Day and 6:00 a.m. on the last Saturday of April motor vehicles shall be excluded from the confines of North Beach Park between the hours of 5:00 p.m. and 7:00 a.m.
(5) Motor vehicles shall not be parked within the confines of any city park except in those areas properly designated and marked parking areas. Motor vehicles shall not be parked within the confines of a city park except by those using the park for recreational purposes.
(C) The superintendent of parks or tour commander of the police department shall have the authority to close any park to vehicles and/or person on a temporary basis for the following reasons:
(1) Maintenance and/or construction.
(2) For public protection from conditions caused by weather or climate.
(3) When there is reason to believe that the closing of such park is necessary for the maintenance of order, safety and decency in such park and in those areas surrounding such park.
(D) The superintendent of parks may, as authorized by the board of parks and recreation commissioners, allow vehicles in prohibited areas for special events occurring in such areas.
(E) There shall be stop signs placed at the following locations within the city parks:
(1) At the Flynn Avenue exit from Oakledge Park.
(2) At the North Avenue exit from Leddy Park.
(3) At the North Beach entrance.
(4) At the entrance to Perkins Pier.
No person shall park a motor vehicle in any parking space on Perkins Pier which is marked for boat trailers.
(F) Closing hours for City Hall Park. City Hall Park shall be closed for public use from 12:00 midnight until 6:00 a.m. on a daily basis. This park closing shall not effect pedestrian crossings through the park.
(Reg. of 11-4-85; Res. of 6-26-95; Res. of 6-22-98)
6 Tennis and basketball courts.
(A) Courts are for tennis and basketball play only. Prohibited activities include, but are not limited to, in-line skating, roller skating, street hockey and skate boarding.
(B) Court play will be prohibited at neighborhood parks between the hours of 10:00 p.m. to 7:00 a.m. unless otherwise permitted by the parks and recreation department.
(C) No food or drinks allowed on courts.
(D) Swearing or impolite conduct is prohibited.
(Reg. of 12-3-93; Res. of 6-26-95)
7 Off-leash dog areas.
(A) Designation of Areas. The following areas are designated as areas managed and regulated by the board of parks and recreation commissioners for the purpose of allowing dogs to be under control of the owner or another individual by means other than physical restraint:
(1) Starr Farm Park. That portion of Starr Farm Park that is bounded on the east by the Burlington Bikeway and bounded on the west by that part of Starr Farm Park which is set aside for community gardens.
(2) Schmanska Park. That multipurpose field portion of Schmanska Park that extends from the basketball court to the tennis court.
(3) Oakledge Park. That portion of Oakledge Park that is bounded on the west by the Burlington Bikeway, is bounded on the north by the parking lot servicing the southernmost picnic shelter, and is bounded on the south by the baseball field on the southernmost part of the park (adjacent to Austin Drive).
(4) Urban Reserve. Upon any required written approval by the Vermont Housing and Conservation Board, that portion of the area designated as the Waterfront Urban Reserve that is bounded on the east by the Burlington Bikeway, bounded on the south by the land known as the Texaco Jetty—including so much land to the south of the Jetty as to allow for access to the beach directly adjacent to the Jetty, and bounded on the north by the northern boundary of the Urban Reserve.
(5) Intervale Leased Land. That portion of land owned by the Burlington Electric Department in the Burlington Intervale under lease to the Intervale Foundation and sublease to the Burlington Department of Parks and Recreation for the purpose of establishing an off-leash dog area, being such land bounded on the south by the lands leased to the parks and recreation department by the Burlington Electric Department for community gardens, bounded on the east by the lane used for farm vehicles and the Burlington Bikeway, bounded on the north by the lane used to access communications towers and commercial farming operations, and bounded on the west by commercial farming operations.
(B) Times of Operation. The following are the allowed times of operation for areas designated as off-leash dog areas:
(1) Starr Farm Park: The designated area may be used at any time of the day and year for off-leash dog activities permitted by these rules.
(2) Schmanska Park: The designated area may be used from April 16 to October 14 from 8:00 p.m. to 8:00 a.m. and from
October 15 to April 15 from 4:00 p.m. to 9:00 a.m. for off-leash activities permitted by these rules.
(3) Oakledge Park: The designated area may be used at any time of day from October 1 to April 1 for off-leash activities permitted by these rules.
(4) Urban Reserve: The designated area may be used at any time of the day and year for off-leash dog activities permitted by these rules.
(5) Intervale Leased Area: The designated area may be used at any time of the day and year for off-leash dog activities permitted by these rules.
(C) General Rules for All Areas Designated as Off-Leash Dog Areas:
(1) A person taking a dog into an off-leash area shall have control of the dog by means of physical restraint (leash, cord, chain, etc.) when entering and leaving the off-leash area.
(2) A person taking a dog into an off-leash area shall maintain voice, hand or other appropriate control over the dog at all times while the dog is in the off-leash area. Such person shall also have in their possession at all times a means of physical restraint.
(3) A person taking a dog into an off-leash area may only do so during the times set forth by these rules.
(4) All dogs present in an off-leash area shall be licensed and vaccinated and shall display valid license and vaccination tags attached to a dog collar.
(5) A dog present in an off-leash area shall be the responsibility of a person who is present in the area with that dog. A person responsible for a dog in an off-leash area shall not leave the dog unattended in the off-leash area. A person responsible for a dog in an off-leash area shall be legally responsible for its actions.
(6) A person shall not take a female dog in heat into an off-leash area.
(7) A person taking a dog into an off-leash area is responsible for removing that dog’s feces from the off-leash area. A person taking a dog into an off-leash area shall carry equipment for removing such feces and shall place feces deposited by such animal in an appropriate receptacle.
(8) A person taking a dog into an off-leash area shall stop that dog from digging holes and shall fill in any hole created by the dog prior to exiting the area.
(9) A person may not take more than three (3) dogs at a time into an off-leash dog area without a special permit given by the parks and recreation department. Professional dog trainers shall not use off-leash dog areas for their commercial activities.
(10) Vicious dogs as defined by Burlington Code of Ordinances section 5-13 are not allowed in an off-leash area.
(11) There shall be no eating or smoking in the off-leash area.
(12) Glass containers shall not be allowed in an off-leash area.
(13) Any gate to an area shall be closed upon entry and exiting.
(14) Person in control of a dog in an off-leash area shall not permit the dog to engage in excessive barking, howling, or other noise.
(15) Persons under the age of twelve (12) years shall not be allowed in an off-leash area without the accompaniment of someone at least eighteen (18) years of age.
(D) Reserved.
(E) Enforcement:
(1) In addition to the penalties provided for by ordinance, a person or dog that violates the rules of this section is subject to ejectment from the off-leash area.
(2) In addition to the penalties provided for by ordinance, a duly authorized enforcement official may impound a dog for a violation of the rules of this section or for activities determined to be a nuisance.
(3) In addition to the penalties provided for by ordinance, a person who violates the rules of this section on two (2) occasions within a twelve-month period shall be barred from using the off-leash areas during the six (6) months after the second violation.
(F) Administration:
(1) Pilot program. The rules of this section shall be in full force and effect for eighteen (18) months. The director of parks and recreation shall review the impacts of the designated off-leash areas and shall make a report to the city council after twelve (12) months of operation. Unless directed otherwise by the city council, these rules shall expire upon the end of the 18th month in which the rules were in effect.
(2) The director of parks and recreation may, upon a finding of need at a particular off-leash area, may close the area to off-leash use. The reopening of such area is at the discretion of the director. The director shall post a notice indicating that the area has been closed for off-leash use at the entrance to the area and at other locations in the area if needed to conspicuously advise the public of the closing.
(3) No area may be used as an off-leash area unless a site coordinator has been designated for that area.
(4) Subsection (C) (General Rules) of this section and any duly adopted special regulations for a specific designated off-leash area shall be conspicuously posted in each designated off-leash area.
(Res. of 4-17-00; Ord. of 9-23-02)
8 Repeal of prior rules.
The rules and regulations set out above shall amend and/or repeal any rules or regulations that have been passed to date relating to matters hereinabove regulated or which regulate the same or similar matters as the above rules and regulations.
(Reg. of 11-4-85; Res. of 4-17-2000)