General penalty; continuing violations.
Burlington Code of Ordinances § 1-9
in effect1-9 General penalty; continuing violations.
(a) Criminal violations. Except as otherwise expressly provided, however, whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be prosecuted as a criminal offense and shall be punished by a fine not less than fifty dollars ($50.00) and not exceeding five hundred dollars ($500.00). Each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate violation.
The court before which a conviction shall be had shall order any continuing violations to cease, to be removed, or to be abated. A person convicted may also be found liable for any damages sustained by the city or any other person as a direct result of the ordinance violation and may be ordered by the court after hearing to pay restitution as a part of the sentence.
(b) Civil offenses. Selected provisions of the Code of Ordinances have been specifically designated as carrying a civil penalty. Violations of such ordinances shall be enforced as provided by state law and as provided herein. Upon a determination that a civil ordinance violation has occurred, those municipal officials authorized by the city to enforce civil ordinance violations shall issue a "municipal complaint" in the form provided by the court at 24 V.S.A. § 1977. The municipal official issuing the complaint shall appear to represent the city in any contested case before the traffic and municipal ordinance bureau or other forum provided by law. Unless otherwise provided in this Code, the fine for a violation of an ordinance designated as a civil offense shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). The waiver penalty for purposes of the municipal complaint (civil ticket) shall be fifty dollars ($50.00) for each offense unless otherwise specifically provided in this Code.
(c) First offense civil, second offense criminal. Selected provisions of the Code of Ordinances have been specifically designated as carrying a civil penalty for a first offense in any six-month period and a criminal penalty for a second and subsequent offense in the same six-month period.
(1) First offense: A first offense by a person during any six-month period shall be deemed a civil ordinance violation and shall be punishable by a fine of from fifty dollars ($50.00) to five hundred dollars ($500.00). The waiver fine shall be fifty dollars ($50.00). Any law enforcement officer may issue a municipal complaint ticket for such offense.
(2) Second and subsequent offenses: A second offense of the same ordinance during a six-month period shall be deemed to be a criminal offense and shall be punishable by a fine from one hundred dollars ($100.00) to five hundred dollars ($500.00). Each subsequent offense of the same ordinance shall be deemed to be a criminal offense and shall be punishable by a fine of from two hundred dollars ($200.00) to five hundred dollars ($500.00).
(3) Intent of enforcement under section 1-9(c). It is the intent of this subsection to preserve the public health, safety and welfare by prohibiting and punishing repeated violations of these ordinances. To that end, the city attorney’s office will, in their discretion and when they deem it appropriate, explore all options available to the city, in addition to prosecution and as alternatives to prosecution, which will achieve the stated intent of this section.
(d) Issuance of ordinance violation ticket. Any law enforcement officer who cites an accused for violation of any city ordinance which is punishable as a criminal offense shall issue a "Notice of Ordinance Violation Ticket," unless instructed by the city attorney, an assistant city attorney or city grand juror to issue a standard district court citation.
The ticket shall be a citation to appear in district court as contemplated by V.R.Cr.P. 3 and shall contain the name of the accused, the ordinance(s) violated, the date and time to appear in district court, and any other information required by law for a valid citation.
The ticket shall also contain a "Notice of Ordinance Violation" section which shall allow and inform the accused of the following:
(1) The option for the accused to waive process and prosecution by paying a waiver fee of between fifty dollars ($50.00) and two hundred dollars ($200.00) for each count to the police department within seventy-two (72) hours of issuance.
(2) That upon full and timely payment of the waiver fee the accused shall not be required to appear in court and the citation portion of the ticket shall be null and void.
(3) That if the accused elects not to make full and timely payment of the waiver fee, he or she shall appear in court on the date and time indicated on the ticket for prosecution.
Should the waiver not be exercised and prosecution be had, this subsection in no way alters or pre-empts any fine, penalty or other remedy as provided by this ordinance.
(e) Public nuisances. Any property within the city found to be maintained in violation of any provisions of this code or which in any other way endangers the health, safety and welfare of the residents of the city, and any violation of any provision of this Code that interferes with a public right, including air, noise, or water pollution, the emissions of noxious odors, or damage to public property in violation of Section 21-29, is hereby declared to be a public nuisance and may be ordered abated in any manner provided by law.
(Ord. of 9-29-82; Ord. of 12-12-83; Ord. of 9-8-86; Ord. of 6-24-91; Ord. of 1-9-95; Ord. of 6-22-98; Ord. of 9-14-98; Ord. of 12-9-24, eff. 1-8-25)
Source: City of Burlington, Vermont, Code of Ordinances and City Charter (General Code's codepublishing.com/VT/Burlington)URL: https://www.codepublishing.com/VT/Burlington/html/Burlington01/Burlington01.html#1-9Fetched: 11/8/2026