Power of the City

V.S.A. tit. 24 Appendix, ch. 13, subch. 1

in effect

24 App. V.S.A. ch. 13, § 101 Corporate existence retained

101. Corporate existence retained The inhabitants of the Town of South Burlington, within the corporate limits as now established, shall continue to be a municipal corporation by the name of the City of South Burlington.

24 App. V.S.A. ch. 13, § 102 General law application

102. General law application Except when changed, enlarged, or modified by the provisions of this charter, or by any legal regulation or ordinance of the City of South Burlington, all provisions of the statutes of this State relating to municipalities shall apply provisions to the City of South Burlington. Prior acts or enactments of the Town of South Burlington shall not be affected by this charter, except as otherwise provided herein. Except when changed, enlarged, or modified by the provisions of this charter, all provisions of the statutes of this State relating to schools or school districts shall apply to the South Burlington School District. Amended 1997, No. M-15 (Adj. Sess.), § 2.

24 App. V.S.A. ch. 13, § 103 Powers of the City

103. Powers of the City (a) The City shall have all the powers granted to towns and municipal corporations by the Constitution and laws of this State together with all the implied powers necessary to carry into execution all the powers granted, and it may enact ordinances not inconsistent with the Constitution and laws of the State of Vermont or with this charter. (b) The City may acquire real and personal property within or without its corporate limits for any City purpose, including storm water collection and disposal; waste water collection and disposal; solid waste collection and disposal; provision of public water supply; provision of public parks and recreation facilities; provision of municipal facilities for office, fire protection, and police protection; provision of public libraries; provision of public parking areas; provision of sidewalks, bicycle paths, and green strips; provision of public roadways; provision of public view zones and open spaces; and such other purposes as are addressed under the general laws of the State of Vermont. The City may acquire such property in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation and may sell, lease, mortgage, hold, manage, and control such property as its interest may require. (c) In this charter, mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers that the City would have if the particular power were not mentioned.

24 App. V.S.A. ch. 13, § 104 Ordinances; subjects

104. Ordinances; subjects The general grant of ordinance-promulgating authority in section 103 of this charter shall include the authority: (1) to adopt and enforce ordinances relating to making and installation of local improvements, including curbs, sidewalks, and storm drains; requiring the installation of curbs, sidewalks, and storm drains in a manner specified by the City as a condition precedent to the issuance of a building permit; apportioning part or all of the expenses of such improvements against property owners benefited thereby; providing for the collection of such assessments and penalties for nonpayment; (2) to adopt and enforce ordinances establishing systems or regulations for signs and billboards, including provisions for the termination of nonconforming signs and billboards through a schedule for removal that takes into consideration the interests of nonconforming sign and billboard owners in amortizing their investments, but such ordinances shall not permit the violation of the laws of this State or any City zoning ordinance or regulation; (3) to adopt and enforce police ordinances regulating and prohibiting the use of firearms, air rifles, and devices having a capacity to inflict personal injury and the parking, operation, and speed of motor vehicles upon town and State aid streets and highways; (4) to adopt and enforce ordinances relating to regulation, licensing, or prohibition of the storage and accumulation of garbage, ashes, rubbish, refuse, and waste materials; regulation of the removal and disposal of such materials; licensing for revenue and regulation or prohibition of the collection, removal, and disposal of such materials by persons; collection, removal of such materials by the City either by contract or by a City officer or department now existing or created for that purpose; establishment of service rates to be paid the City for such services; (5) to adopt and enforce ordinances relating to the operation, parking, soliciting, delivery, or fares in the taxi business within the City; (6) the specification of powers herein shall not be deemed to limit the general grant of ordinance-promulgating authority conferred by section 103 of this charter; (7) to adopt and enforce ordinances for the purpose of regulating and licensing the following activities, or other activities that the City has the power to regulate or license by virtue of the law of this State or this charter, and to fix reasonable and necessary license fees therefore; places or public resort or public amusement whether indoor or outdoor; places dispensing food and drink to the public, such as restaurants, bars, or inns; theaters; public dances; itinerant vendors; the exclusive occupancy of any specified portion of a public street or right-of-way; and the keeping of dogs or other pets.

24 App. V.S.A. ch. 13, § 105 Ordinances; enforcement; adoption

105. Ordinances; enforcement; adoption (a) The Council may provide penalties for the breach of any ordinance authorized by general law or this charter, may prosecute any person violating the same through the City Grand Juror or police officers who for such purposes shall be informing officers, and may maintain actions to restrain actual or threatened violations of the same. The establishment of any fine or penalty shall be by ordinance. (b) Ordinance-making authority granted to the City by this charter and general law shall be exercised pursuant to the provisions of sections 106 through 109 of this subchapter.

24 App. V.S.A. ch. 13, § 106 Introduction; first and second readings; public hearing

106. Introduction; first and second readings; public hearing (a) Every ordinance shall be introduced in writing. The enacting clause of all ordinances shall be “The Council of the City of South Burlington hereby ordains . . .”. If the Council passes the proposed ordinance upon first reading, it shall cause a short and concise one-paragraph description of the effects of the proposed ordinance to be published in a newspaper of general circulation in the City, at least once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Such publication shall include reference to a place within the City where copies of the entire text of the proposed ordinance may be examined. The first such publication shall be at least one week prior to the date of said public hearing. (b) At the time and place so advertised, or at any time and place to which such hearing may from time to time be adjourned, such ordinance shall be read in full, except that by vote of a majority of the Council the ordinance may be read by title, and after such reading, all persons interested shall be given an opportunity to be heard.

24 App. V.S.A. ch. 13, § 107 Further consideration; final passage

107. Further consideration; final passage After the hearing, the Council may finally pass the ordinance with or without amendment, except that if the Council makes an amendment it shall cause a short, concise one-paragraph description of the effects of the amended ordinance, including a concise description of the proposed amendments, to be published at least once together with a notice of the time and place of a public hearing at which the amended ordinance will be further considered, which publication shall be at least one week prior to the public hearing. The publication shall include a reference to a place within the City where copies of the entire text of the amended ordinance may be examined. At the time so advertised or at any time and place to which the meeting may be adjourned, the amended ordinance shall be read in full, except that by vote of a majority of the Council, the ordinance may be read in full, except that by vote of a majority of the Council, the ordinance may be read by title. After the hearing, the Council may finally pass the amended ordinance or again amend it subject to the same procedures as outlined herein.

24 App. V.S.A. ch. 13, § 108 Effective date

108. Effective date Every ordinance shall become effective upon passage unless otherwise specified or, if the ordinance be conditioned upon approval of the voters of the City, then upon a favorable vote of a majority of those voting thereon.

24 App. V.S.A. ch. 13, § 109 Filing

109. Filing The City Clerk shall prepare and keep in the City Clerk’s office a book of ordinances that shall contain each ordinance finally passed by the Council together with a complete index of the ordinances according to subject matter.

24 App. V.S.A. ch. 13, § 110 Annual City report

110. Annual City report The annual City report shall be made available to the legal voters of the City and School District not later than 20 days prior to the annual City and School District meeting. Amended 2009, No. M-19 (Adj. Sess.), § 2, eff. May 5, 2010.

24 App. V.S.A. ch. 13, § 111 Reservation of powers to the City

111. Reservation of powers to the City Nothing in this charter shall be so construed as in any way to limit the powers and functions conferred upon the City of South Burlington and the Council of said City by general or special enactments in force or effect or hereafter enacted, and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/013Fetched: 10/21/2026