Chapter 9 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. - IN GENERAL
ARTICLE II. - PROCEDURES AND FEES FOR CONTROL AND CONTAINMENT OF HAZARDOUS MATERIALS
ARTICLE III. - REGULATING CONDUCT IN COLCHESTER PARKS
ARTICLE IV. - FALSE ALARMS
ARTICLE I. IN GENERAL
Sec. 9-1. Hauling and dumping rubbish.
Sec. 9-2. Dumping ice and snow in public areas.
Sec. 9-3. Use of firearms regulated.
Sec. 9-1. Hauling and dumping rubbish.
(a) Covers required. No person shall convey upon any public highway of the Town at any time in any truck, wagon, cart or other vehicle any ashes, refuse, rubbish, waste or other discarded materials of any type whatsoever unless such vehicle, during such conveyance of such materials or matter is covered by a canvas tarpaulin or other suitable material of such character as to effectively prevent the emission of offensive or noxious odors from the materials or matter conveyed and unless such covering is fastened to such vehicle so as to prevent the falling or dripping of the load or any part thereof upon the highway.
(b) Compliance prerequisite to dumping. No person who has not complied with subsection (a) of this section shall dump, discard or otherwise dispose of any ashes, refuse, rubbish, waste, discarded materials or other matter of any type whatsoever at the sanitary land fill area.
(c) Violation; penalty. Any person found to have violated this section shall be fined pursuant to Chapter 1, Section 1-9. If any violation continues, each day's violation shall be deemed a separate violation.
(Ord. of 3-12-68, §§ 1—3; Ord. of 9-10-96)
Sec. 9-2. Dumping ice and snow in public areas.
(a) Placing prohibited without permission. No person, by his/her own act, or through his/her agents or employees, shall throw, put, place, push, or otherwise deposit snow, or ice, in the following public areas without the written permission of the Town Manager or his/her designated representatives:
(1) On the paved or travelled portion of any public street;
(2) On any Town sidewalk.
(b) Restrictions may accompany permission. In granting written permission under the previous section, the Town Manager or his/her representatives may impose such restrictions as are necessary to protect the safety and welfare of the public, and such permission may be revoked at any time.
(c) Violations; penalty. Any person who shall violate this section or the restrictions imposed by the written permission of the Town Manager or his/her agent shall, upon conviction, be fined pursuant to Chapter 1, Section 1-9, and each twenty-four (24) hours continuance of such violation shall be deemed a separate offense.
(Ord. of 11-9-71, §§ 1—3; Ord. of 9-10-96)
Sec. 9-3. Use of firearms regulated.
(a) Definitions.
(1) Firearm means a mechanical device from which a projectile is forced through and discharged from a metal tube by exploding gunpowder.
(2) Shotgun means a firearm specifically designed to use shotgun shells containing birdshot, buckshot, or a single projectile.
(3) Rifle means a firearm that has a rifled barrel that is held against the shoulder when shot.
(4) Muzzle loader means a firearm that loads from the muzzle and uses black powder or black powder substitute.
(5) Handgun means a small firearm (such as a revolver or a pistol) designed to be held and shot with one (1) hand.
(6) Birdshot/Buckshot means a shell loaded with at least three (3) metal pellets called shot.
(b) Restricted firearms use in certain areas. The following areas of the Town are restricted to the use and discharge of a firearm for hunting purposes using birdshot or buckshot only. No person may shoot or discharge any other firearm into or within a restricted use area.
(1) All zoning areas within these boundaries:
a. West of a line from Lake Champlain to Prim Road, Bean Road, and Parsons Road to the Winooski River.
b. An area bounded by a line north from Prim Road to Lake Champlain, along the shore line to Mallett's Creek, east to Interstate 89, south to Blakely Road, west along Blakely Road and West Lakeshore Drive to Prim Road.
c. From Interstate 89 to Route 7 between Creek Farm Road and Bay Road.
(2) The areas zoned Residential 1 within these boundaries:
a. From Severance Road to the Winooski city line between Route 7 and Essex town line.
(3) The areas zoned Residential 2 within these boundaries:
a. The area between Blakely Road, Malletts Bay Avenue and Lavigne Road.
(4) The areas zoned Residential 3 within these boundaries:
a. South of a line from Abigail Drive and the Winooski River to the Winooski city line.
b. South of Blakely Road and Severance Road to the Winooski/South Burlington city lines between Interstate 89 to the Essex town line.
c. From Bay Road to Blakely Road between Interstate 89 to Route 7 and Poor Farm Road.
d. From Route 2a to Pond Brook between East Road and Middle Road.
e. From Route 2a to Indian Brook between Mill Pond Road and the Essex town line.
(5) All areas zoned Mobile Home Park.
(6) All areas zoned General Development 2.
(7) All areas zoned Business District from Severance Road to Winooski city line between Route 7 and the Essex town line.
(8) All areas zoned Commercial from Malletts Bay Avenue and Lavigne Road to the Essex town line between Blakely Road and Severance Road to the Winooski city line.
(c) Limited firearms use in certain areas. The following areas of the Town are limited to the use and discharge of a muzzle loaded firearm, handgun or a shotgun using birdshot, buckshot or slug for hunting purposes. No person may shoot or discharge any other firearm into or within a limited use area.
(1) The area zoned General Development 3 south of Severance Road to Sunderland Hollow Natural Area and between Route 7 and the Essex town line.
(2) The areas zoned Residential 1, General Development 3 and Business District south of Blakely Road to Interstate 89 and between Route 7 and Interstate 89.
(d) Winooski Valley Park District and other nonprofit organizations reserve the right to regulate the discharge of firearms on property under their control.
(e) The use of all firearms in Colchester Town Parks will be regulated by Article III, Section 9-49, Regulating Conduct in Colchester Parks.
Certain uses excepted:
(1) Nothing shall prevent owners of land from the use of firearms to protect their lands or other property from damage being caused by wild animals or for other reasons which are otherwise lawful.
(2) Nothing in this section shall prevent police officers from the use of firearms in performance of their legal duties.
(3) Firing ranges in conformance with zoning regulations and State law are excluded from provisions of this section.
(Ord. of 4-11-80, §§ 1—3; Ord. of 3-5-91; Ord. of 11-12-91; Ord. of 5-26-15)
It shall be unlawful for any person to engage in panhandling if it involves any of the following conduct:
(a) Panhandling in a manner that is threatening, intimidating, coercive or obscene;
(b) Intentionally touching or grabbing the person being solicited;
(c) Directing fighting words at the person being solicited;
(d) Intentionally obstructing free passage of cyclists and pedestrians on public sidewalks and paths; or
(e) Intentionally obstructing, impeding, or otherwise making unsafe the flow of traffic.
Nothing in this section is intended to violate an individual's right of free speech under the First Amendment.
(Ord. of 12-8-15)
ARTICLE II. PROCEDURES AND FEES FOR CONTROL AND CONTAINMENT OF HAZARDOUS MATERIALS [1]
Sec. 9-19. Duties of person in possession.
Sec. 9-20. Control, containment and clean up.
Sec. 9-22. Use of costs and fees collected.
This article is adopted pursuant to the authority granted to the Town by Section 103(a) and Section 104(5) of the Colchester Town Charter as enacted by the General Assembly of the State of Vermont, March 5, 1985.
(Ord. of 11-13-90, § 1)
It is the purpose of this article to provide for the orderly and expeditious control and clean-up of any hazardous materials which may escape from the control of the person or persons having possession of them, and thereby pose a threat to the Town. Further, it is the purpose of this article to require that any person possessing any such hazardous material shall compensate the Town for all services provided in relation to the control and clean-up of such material, and to reimburse the Town for any costs or damages, direct or indirect, incurred by the Town as a result of its effort to contain, control or clean up such hazardous material.
(Ord. of 11-13-90, § 2)
This article applies to all incidents involving hazardous materials within the boundaries of the Town, and to all persons who may possess such materials found within the boundaries of the Town, except as State or Federal law and/or regulation may take precedence and authority over any such incident or person. This article shall be in addition to any and all provisions of said State or Federal law and/or regulation.
(Ord. of 11-13-90, § 3)
For the purposes of this article, the following words shall have the following meanings:
Hazardous materials. Those substances, materials or agents in such quantity, state and form as may constitute a potential risk to the health and safety of the people and environment of the Town and which may constitute a threat to the property of the people, including, without limitation, the following, explosives, radioactive materials, etiologic agents, flammable materials, combustible materials, poisons, oxidizing or corrosive materials, and compressed gases. Also any other materials listed as hazardous by the Office of Hazardous Materials Safety of the United States Department of Transportation in Title 49 of the Code of Federal Regulations, as amended, or those materials the disposal of which is regulated under 9 V.S.A. Section 2821 et seq., 10 V.S.A. Section 6601 et seq., and 10 V.S.A. Section 7001 et seq.
Person. Any individual, corporation or other entity having the recognized legal status of a person (i.e. association), or any partnership, trust or other legal entity as distinguished from the individual members thereof.
Possession. To possess, own, hold or have within his/her or its control any material defined as hazardous. In the case of any corporation or other legal entity, in addition to the entity itself, its officers, directors or other natural persons having legal responsibility for the control of such entity shall be deemed to be in possession. It is the intention of this article to include within the concept "person in possession" not only the legal owner but also any and all other persons who may at any time come within the chain of control without regard to the issue of legal title. Person in possession shall include not only the owner but any agent, consignee, employee, contractor or representative within a chain of control.
(Ord. of 11-13-90, § 4)
Sec. 9-19. Duties of person in possession.
The person or persons in possession of any hazardous material shall have the duty to prevent its discharge or release and to assure that any such material is used in a manner which will prevent its escape from safe containment. No person in possession shall discharge, dump, deposit, release or dispose of any hazardous material within the Town. In the event of the discharge or release of any hazardous material from safe containment, the person in possession at the time of discharge shall immediately report the same to the Colchester Fire Department and the Colchester Police Department.
(Ord. of 11-13-90, § 5; Ord. of 4-14-20)
Sec. 9-20. Control, containment and clean up.
The Town shall promptly respond to each such reported incident and shall take such action as is necessary to protect public health, safety, welfare, property and environment. The primary goals of the Town shall be to bring the material under control in safe containment and to minimize the damage caused by such material.
(Ord. of 11-13-90, § 6)
The person or persons in possession of any hazardous material shall pay a response fee of two hundred dollars ($200.00) and in addition shall be strictly liable to the Town for all costs incurred by the Town in the control, containment and clean-up of the materials which may have been discharged or released. If such material was possessed by more than one (1) person, then all shall be jointly and severally liable and the costs incurred by the Town may be recovered from any one (1) of them by suit brought in any court of competent jurisdiction.
(Ord. of 11-13-90, § 7)
Sec. 9-22. Use of costs and fees collected.
All costs and fees collected under this article shall be placed in a special hazardous materials account and expended by the Town Manager in accordance to the policies and limits established by the Selectboard.
(Ord. of 11-13-90, § 8)
The Town Manager shall be responsible for administering and enforcing this article.
(Ord. of 11-13-90, § 9)
FOOTNOTE(S):
--- (1) ---
Editor's note— Being not specifically amendatory of the Code, the provisions enacted by §§ 1—9 of a Nov. 13, 1990, ordinance have been incorporated herein as Art. II to Ch. 9, §§ 9-15—9-23, at the editor's discretion. (Back)
ARTICLE III. REGULATING CONDUCT IN COLCHESTER PARKS [2]
Sec. 9-30. Purpose and authority.
Sec. 9-32. Park hours and closures.
Sec. 9-33. Buildings and other property.
Sec. 9-35. Use of cameras and recording devices.
Sec. 9-36. Authority to rent or lease parks and equipment.
Sec. 9-40. Picketing or demonstrations.
Sec. 9-41. Commercial activities.
Sec. 9-42. Noise and amplified sound.
Sec. 9-43. Fireworks and explosives.
Sec. 9-45. Distribution of printed material.
Sec. 9-46. Motor vehicles and bicycles.
Sec. 9-48. Aircraft and radio-controlled devices.
Sec. 9-49. Firearms and other weapons.
Sec. 9-51. Abandoned property.
Sec. 9-53. Swimming and wading.
Sec. 9-54. Boating and fishing.
Sec. 9-55. Camping and overnight use.
Sec. 9-56. Fires and firewood.
Sec. 9-57. Personal risk in natural areas.
Sec. 9-58. Natural resource protection and preservation.
Sec. 9-59. Pollution of waters.
Sec. 9-61. Drug and alcohol use.
Sec. 9-30. Purpose and authority.
The purpose of this article is to ensure all Colchester residents that the Town parks will be clean, safe and enjoyable places for people to engage in the recreation pursuits of their choice, and to protect the peace, order, health, safety, comfort, protection, morality, and general welfare of the Town and of its citizens. Because recreation is different things to different people, the following regulations have been developed to facilitate the use of parks for active and passive, scheduled and spontaneous, group and individual recreation activities. This article is adopted pursuant to 24 V.S.A. Ch. 61, Section 103(b), and Sections 105 et seq. of the Colchester Town Charter.
(Ord. of 9-22-15)
As used in the article, the following terms shall have the following meanings ascribed to them:
(a) Town: Town of Colchester, Vermont.
(b) Department: Colchester Parks and Recreation Department.
(c) Director: The Director of the Colchester Parks and Recreation Department, or his/her designee.
(d) Fireworks: The term "fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, including blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons that are propelled by explosives, firecrackers, torpedoes, sky rockets, Roman candles, cherry bombs, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except sparklers.
(e) Manager: Town of Colchester Town Manager, or his/her designee.
(f) Motor vehicle: Any wheeled conveyance (except a wheelchair) for transportation of persons or materials whether powered or drawn by motor such as an automobile, truck, golf cart, recreational vehicle, motorcycle or scooter. "Vehicle" does not include any Town of Colchester fleet or emergency vehicles operating in the course of public safety or official Town of Colchester business.
(g) Park/park property: May include, but is not limited to, parks, open space, greenspace, natural areas, cultural and historic sites, playgrounds, ball fields, pools, pavilions, greenways, wetlands, floodplains, lakes, rivers, beaches or water areas, and buildings and structures which are under the control of or assigned for inspection, upkeep, maintenance or operation by the Department.
(h) Permit: A document provided by the Department granting permission for use of reserved park property and which sets forth terms and conditions applicable thereto.
(i) Person: Any person, firm, association, joint venture, partnership, company, corporation, entity or organization of any kind.
(j) Pet: Any domesticated animal kept for pleasure rather than utility.
(k) Plant: Any tree, vine, shrub, flower, fungi or related living organism.
(l) Recreation Path: any trail, path, or sidewalk in the Town of Colchester on Town owner land or Town or State of Vermont Right of Way, made of gravel, dirt, pavement, or concrete.
(m) Special event: Any organized activity open to the public, taking place on park property and having as its purpose entertainment, recreation and/or education, such as a festival or celebration, foot or vehicle race, parade or concert.
(Ord. of 9-22-15; Ord. of 7-5-22)
Sec. 9-32. Park hours and closures.
(a) All parks shall be open to the public during designated hours. The opening and closing hours shall be posted at each park in order to give notice to the public.
(b) No person shall enter or remain on park property during hours when the park is closed. The provisions of this section shall not apply to emergency personnel or department employees while in the discharge of their duties, or to any person having permission by the Director to be or remain in any part of the parks between such hours.
(c) In the interest of public safety, the Director may close parks or areas within parks to public entry or otherwise restrict use until such time as the area can be made available for safe public use. Except in emergency circumstances, notice of closure shall be posted, and only authorized persons shall enter closed or restricted areas.
(Ord. of 9-22-15)
Sec. 9-33. Buildings and other property.
(a) No person shall willfully mark, destroy, deface, vandalize or otherwise damage any building or other property belonging to or used by Town of Colchester in any park.
(b) No person shall construct or erect on park property any building or structure of whatever kind, whether permanent or temporary in character, except as part of a Department program or permitted event.
(Ord. of 9-22-15)
(a) No person shall enter or use any park for which an entrance or use fee has been established unless each person has first paid the fee or is otherwise authorized to enter.
(b) The Director may establish rules for the proper use of park amenities such as playgrounds, swim areas, skate parks, etc. which shall be enforceable by park personnel.
(Ord. of 9-22-15)
Sec. 9-35. Use of cameras and recording devices.
No person shall use any type of camera or similar device to record or produce a visual image in any park restroom, locker room, bath house, shower facility or other area used for dressing or changing clothes.
(Ord. of 9-22-15)
Sec. 9-36. Authority to rent or lease parks and equipment.
The Director is authorized to rent or lease the use of park equipment and to charge a fee for the use of park facilities to individuals and private or public organizations.
(Ord. of 9-22-15)
Reasonable fees may be assessed by the Selectboard for the use of parks by individuals. The Town shall establish a schedule of such fees as approved by the Selectboard.
(Ord. of 9-22-15)
(a) Parks and park property shall be reserved only by permit made in accordance with the Department's reservation policy. Said reserved park areas may include athletic fields, group picnic shelters and associated amenities, recreation facility spaces, and those areas requested for the use of special events.
(b) No person shall use or occupy a reserved space except the person or party for whom the space is reserved.
(c) Any person having a permit issued by the Department must comply with all applicable rules and regulations. Upon request, confirmation of the reservation must be displayed to department employees charged with supervision or patrolling of parks. Violations of permit requirements may result in immediate suspension or revocation of the permit.
(d) Department employees, in the course of authorized business, shall have the right to enter the premises of any building, structure or enclosure on park property, including those rented or set aside for the private or exclusive use of any individual or group.
(Ord. of 9-22-15)
(a) Application for any permit or permission issued pursuant to this article shall be made to the Parks and Recreation Department.
(b) Application for group use of a park shall be made to the Parks and Recreation Department at least fourteen (14) days prior to the proposed activity date. Application for group use of a park shall be made on a form provided by the Parks and Recreation Department.
(c) The organization of any assembly or group to conduct programs or entertainment in any park is allowed by permit from the Parks and Recreation Department. Said permits shall be carried by the person directing or leading such activity. Failure to follow the conditions of the permit shall void the permit.
(d) The Parks and Recreation Director or designee shall issue a permit if the applicant's use will not unreasonably interfere with the enjoyment and use of the park by the general public based on the consideration or whether the applicant's activity:
(1) Will unreasonably detract from residents' entitlement to recreation;
(2) Will unreasonably infringe on public health, safety or welfare;
(3) Will unreasonably conflict with facilities reserved for other uses;
(4) Will unreasonably interfere with traffic or burden police services; or
(5) Is likely to cause personal or property injury, incite violence, crime or disorderly conduct.
(e) The Parks and Recreation Director may impose reasonable conditions upon the issuance of a permit.
(f) A fee may be imposed by the Selectboard as a condition to the issuance of a permit.
(g) As a condition of the issuance of a permit, the Parks and Recreation Director may, at his/her discretion, require the individual/group to have in attendance a Law Enforcement Officer, Fire Officer or Rescue Officer.
(h) Denial of an application shall be accompanied by a statement of reasons for such a denial. An applicant may appeal the action of the Parks and Recreation Director to the Town Manager, within thirty (30) days of notification of a denial.
(i) Any permit is revocable for violation of any article or for breach of the conditions attached to the permit.
(Ord. of 9-22-15)
Sec. 9-40. Picketing or demonstrations.
Any person, group or organization engaged in any picketing, demonstrations, assembly, gathering, procession or other activity protected by the U.S. Constitution shall be prohibited from blocking the ingress and egress of any park or park property, from disrupting or interfering with scheduled events, or preventing or being inconsistent with the intended use of the park at the proposed site of assembly.
(Ord. of 9-22-15)
Sec. 9-41. Commercial activities.
(a) No person shall conduct the commercial sale of, or offer to sell any goods, ware, drinks, food or similar items nor render or offer to render any service for hire, at any park except as authorized by contract or permit issued by the Director.
(b) Commercial vendors interested in doing business on Town property/parks shall contact the Parks and Recreation Director to complete the proper permit application.
(c) No person shall place any stand, cart or vehicle for the transportation, sale, trade or display of any article, material or service within any park area unless approved by the Director in conjunction with a permitted use of a reserved park area.
(Ord. of 9-22-15)
Sec. 9-42. Noise and amplified sound.
Patrons shall preserve the peace and quiet enjoyment of the parks by observing all state laws governing noise and amplified sound while on park property.
(a) All unreasonably loud noise is hereby prohibited in Town parks. Noise shall be deemed to be unreasonable when it disturbs, injures, or endangers the peace or health of another or when it endangers the health, safety, or welfare of park users. A determination of unreasonable shall be made by enforcement personnel based on time/place/density of park usage and other relevant factors.
(b) The operation or permitting the operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound is hereby prohibited in all Town parks, unless played in connection with a permit granted by the Director of the Town Department of Parks and Recreation.
(Ord. of 9-22-15)
Sec. 9-43. Fireworks and explosives.
No person shall possess or use any kind of firework or other explosive material or system, except by permit, in any park, except as otherwise indicated in Section 9-49 of this article.
(Ord. of 9-22-15)
(a) No person shall dump, deposit, place or throw any garbage, glass, coals, ashes, paper, boxes, cans, dirt, waste or other trash in any park except in proper receptacles where provided. Where receptacles are not provided, litter shall be carried away from park property by the person or persons responsible for its presence.
(b) No glass containers are permitted within park boundaries.
(Ord. of 9-22-15)
Sec. 9-45. Distribution of printed material.
No person shall hand out, distribute, post, display or affix any printed material or advertisement within any park property or on any vehicle that is calculated to attract the attention of the public. Exceptions to this rule include the direct distribution, without charge to the receiver thereof, of non-commercial handbills to any person willing to accept it; announcements of Department-sponsored or sanctioned events; authorized signs located entirely within concession structures; and signs or distribution of printed materials approved by the Director in conjunction with a permitted use of a reserved park area.
(Ord. of 9-22-15)
Sec. 9-46. Motor vehicles, pedestrians, and bicycles.
(a) All applicable state and local motor vehicle laws are enforceable within parks.
(b) Law enforcement officers may enforce all applicable state and local motor vehicle, traffic and parking laws, and enforce all rules and regulations set forth by the Director within park property. Enforcing officials may direct traffic and enforce the rules and regulations set forth by the Director within park property.
(c) All vehicles operated on park roads must be street legal by state and local vehicle laws.
(d) All motorized vehicles of every kind and description are prohibited from driving on Colchester Recreation paths, except as follows:
(1) Emergency response vehicles and authorized town maintenance and enforcement vehicles;
(2) Vehicles crossing the path at designated crossing points such as intersections and driveways;
(3) Vehicles travelling on public roads which share road surface with designated recreation paths;
(4) Motorized wheelchairs; and
(5) Segways with permission of Parks and Recreation Director.
(e) Racing of bicycles is prohibited on recreation paths, unless approved by the Parks and Recreation Director.
(f) Pedestrians have the right-of-way on recreation paths.
(g) Users of the recreation paths shall observe and obey the following:
(1) All users shall stay to the right side of the path except when passing.
(2) Passing shall be done on the left or the person(s) being passed. Users shall warn others prior to passing them by announcing "passing on your left" or some other suitable warning.
(3) Users shall travel single file when necessary for safety.
(4) Users shall obey all applicable traffic rules and regulations, including coming to a complete stop at all stop signs, and shall walk their bicycle in any area posted for walking only.
(5) All users shall travel only at such speeds and in such a manner as is safe under the circumstances, including current weather conditions and the condition of the path surface.
(h) Bicycles are allowed on concrete or asphalt paths within parks but are prohibited on natural surface trails unless expressly designated as bicycle trails.
(i) All terrain vehicles (ATV) and snowmobiles are not permitted within the boundaries of parks, except with prior written permission from the Director of Parks and Recreation.
(Ord. of 9-22-15; Ord. of 7-5-22)
(a) No person shall park a vehicle on park property at any place other than in the expressly designed space provided for that particular type of vehicle, unless directed otherwise by a Law Enforcement Officer or Department Employee, or by official signs or markings.
(b) No driver or operator of any vehicle shall leave a vehicle parked on park property after posted closing hours without permission of the Director. Such permission shall be posted in a conspicuous location while the vehicle is parked after hours. If there is no permission vehicle will be towed at owner's expense.
(c) Vehicles parked in unauthorized areas that pose a threat to patron safety may be towed at the owner's expense.
(d) No vehicle shall be parked on park property when the parked vehicle is for the purposes of sale or repair.
(Ord. of 9-22-15)
Sec. 9-48. Aircraft and radio-controlled devices.
(a) No person shall operate, direct or be responsible for any aircraft, helicopter, glider, balloon, parachute, uav, drone or other aerial apparatus that shall take off from, operate within, or land within park property except in emergency law enforcement situations or when permission has been obtained from the Director.
(b) No person shall launch or operate any radio-controlled model rocket, airplane, glider, boat, car or similar vehicle without permission from the Director.
(Ord. of 9-22-15)
Sec. 9-49. Firearms and other weapons.
(a) No person shall shoot or otherwise discharge a firearm, weapon, bow, arrow or similar device from within a park, or into any park from beyond the boundaries of such park.
(b) Subject to the requirements of applicable state law, the Director may permit the use of weapons in a park for recreational, educational, wildlife or natural resource management purposes, or other departmental functions under supervision, written guidelines or agreements.
(c) Shotguns may be legally discharged in that area of the Causeway Park, which is bordered by water, for the purpose of hunting.
(Ord. of 9-22-15)
No person shall use a metal detector in any park except for official activities authorized by the Director.
(Ord. of 9-22-15)
Sec. 9-51. Abandoned property.
No person shall abandon a vehicle or other personal property in any park. Abandoned property shall be removed, impounded and sold in conformance to Town of Colchester Ordinances.
(Ord. of 9-22-15)
Sec. 9-52. Pets in Parks and on Recreation Paths.
(a) Any person bringing a domestic pet within park boundaries shall keep the pet on a physical leash, or under the immediate personal supervision and control of the owner. "Under the immediate supervision and control of the owner" means that the pet will stop and come to the owner upon command and that the pet is at all times prevented from causing injury, damage, disturbance or annoyance to park property or other park users. Police K-9 are exempt.
1) Additionally, on recreation paths and sidewalks, all dogs must be leashed on a maximum six-foot leash.
(b) No exotic animals are permitted at any park.
(c) No person shall bring a pet into an enclosed park building except those qualified as service animals under the Americans with Disabilities Act, or as part of an authorized program or event.
(d) Any pet not under the immediate personal supervision and control of a responsible person or any pet creating a disturbance or nuisance, may be restrained, confiscated or removed from the park by authorized personnel.
(e) No person shall permit a pet for which he or she is responsible to be in the water of a swimming area or designated water play area, and no such person shall permit a pet except for those qualified as service animals under the Americans with Disabilities Act, to be within the land area or beach area adjacent to the water of a swimming area or designated water play area. Pets are not permitted to enter any natural or constructed body of water except in areas dedicated for such purpose.
(f) Persons bringing pets onto park property are required to carry appropriate material and remove any fecal waste left by their pets.
(g) Horseback riding shall not be permitted in the parks.
(h) No pets shall be unattended.
(i) Current rabies and appropriate inoculation and registration tags must be displayed on pets at all times.
(Ord. of 9-22-15; Ord. of 7-5-22)
Sec. 9-53. Swimming and wading.
No person shall swim, wade or play in any natural or built water area within a park except where specifically designated, and in compliance with such rules and regulations set by the Director. All persons swimming in the public parks do so at their own risk.
(Ord. of 9-22-15)
Sec. 9-54. Boating and fishing.
Boating or fishing shall not be conducted within two hundred (200) feet of any designated swimming area, in accordance with U.S. Coast Guard regulations.
(Ord. of 9-22-15)
Sec. 9-55. Camping and overnight use.
No person may erect a tent or related shelter at any time to camp, sleep or park a vehicle overnight at any park or open space, except as authorized by permit, and only in areas designated or marked for such purpose.
(Ord. of 9-22-15)
Sec. 9-56. Fires and firewood.
(a) No person may light, build or maintain a fire in any park except in a device provided, maintained or designated for such purposes, or as authorized by the Director.
(b) Grills are provided throughout the parks for patron use; use of any other grill or cooking equipment is prohibited unless otherwise authorized by the Director.
(c) No person may cut, gather or collect wood or other combustible material at any park for use as firewood or fuel, unless authorized by the Director.
(d) Fires or lighted grills shall not be left unattended, and any person starting a fire shall not leave the area without extinguishing said fire.
(e) During periods when a fire hazard has been declared "high" or greater by the State of Vermont or similar agency, the Director may prohibit or restrict fires in park areas.
(Ord. of 9-22-15)
Sec. 9-57. Personal risk in natural areas.
Personal risks associated with the natural environment are inherent in parks. Native wild animals, poisonous plants, rough terrain and other natural conditions are considered a part of the visitor's experience. Park users are responsible for their own health and welfare regarding natural elements and other environmental conditions when they elect to enter such areas.
(Ord. of 9-22-15)
Sec. 9-58. Natural resource protection and preservation.
(a) No person shall dig, cut, break, move, excavate, disturb, remove, destroy, harm or tamper with, nor carry within, any soil, rocks, trees, shrubs, plants, mushrooms, down-timber or other wood or materials without authorization from the Director.
(b) No person shall harm, harass, disturb the breeding grounds or habitat of, hunt, trap or remove any animal, including mammals, fish, insects, birds, reptiles, amphibians or any other living creature, including eggs and nests, from any park except upon authorization of the Director. This subsection shall not apply to fish caught by an individual in possession of a valid Vermont fishing license fishing in an area designated for this activity, in accordance with state fishing regulations.
(c) No person shall feed any non-domesticated animal in any park unless authorized by the Director.
(d) Park properties that are primarily in their natural state, yet provide some means of access for visitors, shall be maintained to protect the environment as well as the user.
(Ord. of 9-22-15)
Sec. 9-59. Pollution of waters.
(a) No person shall throw, discharge, disturb or otherwise place or cause to be placed in the waters of any lake, river, stream, or other body of water within park property any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(b) No person shall bury, discharge or intentionally dispose of a toxic or hazardous substance in parks or on park property, or the State waters found therein.
(Ord. of 9-22-15)
(a) No person shall smoke on public beaches.
(b) At no time shall marijuana or any product containing THC be used in the parks or beaches.
(Ord. of 9-22-15)
Sec. 9-61. Drug and alcohol use.
(a) It is unlawful to use, possess or sell any controlled substance in violation of State statutes.
(b) It is unlawful to serve, possess, consume or bring beer, wine or other alcoholic beverages into a park in kegs, barrels, or other bulk tap quantities without permission of the Director.
(c) Containers of alcoholic beverages are not permitted on Town beaches.
(Ord. of 9-22-15)
(a) This article is a civil ordinance and shall be enforced in the Vermont Judicial Bureau or in the Vermont Superior Court, Civil Division, Chittenden Unit, at the election of the enforcing official, in accordance with 24 V.S.A. §§ 1974a et seq.
(b) Violations of this article are punishable by a civil penalty of not more than eight hundred dollars ($800.00) per violation. The Selectboard may adopt a separate Schedule of Fines relative to this article.
(c) The enforcing official may choose to file an enforcement action in the Vermont Superior Court, Civil Division, Chittenden Unit, to seek injunctive relief, and fines as appropriate. Any enforcing official shall have the authority to eject from any of the parks any person acting in violation of any provisions of the ordinance codified in this article or in violation of any permit issued pursuant to this article and may issue a notice against trespass on behalf of the Town of Colchester.
(d) Waiver fee: An issuing Municipal Official shall have the authority to recover a waiver fee, in lieu of a civil penalty, in the amount set forth in the schedule of fines adopted by Selectboard.
(e) Enforcement Officials: For the purpose of enforcement in the Judicial Bureau, any Town of Colchester Police Officer, the Director of the Department of Parks and Recreation, or his or her designee, and any person(s) duly appointed by the Selectboard shall have the authority to act as issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint.
Schedule of Fines
| Park Ordinance | Maximum Each Offense | 1st Offense | 2nd Subsequent Offense |
| Park Hours, § 9-32 | $800.00 | $50.00 | $100.00 |
| Buildings (vandalism) and other property, § 9-33 | $800.00 | $200.00 | $300.00 |
| Park usage, § 9-34 | $800.00 | $50.00 | $100.00 |
| Use of cameras or recording device, § 9-35 | $800.00 | $100.00 | $200.00 |
| Authority to rent or lease parks and equipment, § 9-3 | $800.00 | $50.00 | $100.00 |
| Reserved areas, § 9-38 | $800.00 | $100.00 | $200.00 |
| Permit system, § 9-39 | $800.00 | $100.00 | $200.00 |
| Picketing or demonstrations, § 9-40 | $800.00 | $100.00 | $200.00 |
| Commercial activities, § 9-41 | $800.00 | $100.00 | $200.00 |
| Noise and amplified sound, § 9-42 | $800.00 | $100.00 | $200.00 |
| Fireworks and explosives, § 9-43 | $800.00 | $100.00 | $200.00 |
| Litter, § 9-44 | $800.00 | $50.00 | $100.00 |
| Distribution of printed material, § 9-45 | $800.00 | $50.00 | $100.00 |
| Motor vehicles and bicycles, § 9-46 | $800.00 | $100.00 | $200.00 |
| Parking, § 9-47 | $800.00 | $50.00 | $100.00 |
| Aircraft and radio controlled devices, § 9-48 | $800.00 | $50.00 | $100.00 |
| Firearms and other weapons, § 9-49 | $800.00 | $200.00 | $300.00 |
| Metal detectors, § 9-50 | $800.00 | $50.00 | $100.00 |
| Abandoned property, § 9-51 | $800.00 | $100.00 | $200.00 |
| Pets, § 9-52 | $800.00 | $50.00 | $100.00 |
| Swimming and wading, § 9-53 | $800.00 | $50.00 | $100.00 |
| Boating and fishing, § 9-54 | $800.00 | $100.00 | $200.00 |
| Camping and overnight use, § 9-54 | $800.00 | $100.00 | $200.00 |
| Fires and firewood, § 9-56 | $800.00 | $100.00 | $200.00 |
| Natural Resource Protection, § 9-58 | $800.00 | $400.00 | $800.00 |
| Pollution of waters, § 9-59 | $800.00 | $400.00 | $800.00 |
| Smoking, § 9-60 | $800.00 | $50.00 | $100.00 |
| Drug and alcohol use, § 9-61 | $800.00 | $50.00 | $100.00 |
(Ord. of 9-22-15)
FOOTNOTE(S):
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Editor's note— An ordinance adopted Sept. 22, 2015, amended Art. III in its entirety to read as herein set out. Former Art. III pertained to the same subject matter, consisted of §§ 9-30—9-41, and derived from ordinances adopted July 28, 1992; and March 12, 2002. (Back)
ARTICLE IV. FALSE ALARMS [3]
Sec. 9-72. Statutory authority.
Sec. 9-74. Persons responsible for false alarms.
Sec. 9-75. Registration of alarm systems.
Sec. 9-78. Violations or failures to comply.
Sec. 9-79. Liability of the Town of Colchester.
The Colchester Police Department is responding to an inordinate number of false alarms. In many instances, these are repeated false alarms from the same source. The response to each false alarm requires the deployment of personnel and vehicles to non-emergency situations and effectively removes that personnel and equipment from the designated services of protecting life and properties, and causes unnecessary expenditure of public funds.
Responsible regulation of the alarms should result in the significant decrease in false alarms, therefore saving public resources, and the abatement of a public nuisance.
This Article is therefore enacted to encourage the responsible use of alarms by those protected by automatic electronic alarm systems. Responsible use includes proper maintenance of equipment, and training of alarm users.
(Ord. of 6-27-06, § 1)
Sec. 9-72. Statutory authority.
This article has been promulgated under the authority granted the Town's Selectboard by 24, V.S.A. Section 2291(14), (15).
(Ord. of 6-27-06, § 2)
Alarm systems: Any assembly of equipment, mechanism or device that is used in a building or on premises for the detection of burglary, unauthorized entry, or any other criminal activity which is designed to transmit to any receiving station a signal, message or warning or other indication of an occurrence requiring a police response.
Alarm system user: Any person, partnership, firm, association, or any other entity in control of any building, structure, premises, or facility where an alarm system is installed.
Audible on-site alarms: Audible on-site alarms which may be heard in any public place, shall be equipped and maintained to shut off automatically no longer than fifteen (15) minutes after being activated.
Chief: The Chief of Police of the Colchester Police Department.
False alarm: For the purpose of this Article, a false alarm is defined as the notification given to the Colchester Police Department by electronic or telephonic means that an emergency exists, when an emergency or other circumstance that could be perceived as an emergency does not exist. Examples of false alarms include, but are not limited to, the following:
(1) Alarms activated through inadvertence by the alarm used or persons authorized to use or maintain the system;
(2) Negligence;
(3) Accident;
(4) Alarm testing without prior notification to the Police Department;
(5) Faulty installation or maintenance;
(6) Improper or unsuited equipment; or
(7) Equipment malfunction.
(Ord. of 6-27-06, § 3)
Sec. 9-74. Persons responsible for false alarms.
An alarm system user shall be responsible for false alarms generated by their system or devices.
(Ord. of 6-27-06, § 4)
Sec. 9-75. Registration of alarm systems.
Any alarm system user who owns, operates, or maintains an alarm system, including on-site alarm systems within the Town of Colchester shall provide the Chief or designee, written information containing the following:
(1) Name of business/residence owner;
(2) Address;
(3) Telephone number;
(4) Name and telephone number of the alarm company;
(5) Minimum of three (3) persons who can be notified to secure the premises during any hour of the day or night; and
(6) Full directions to the business/residence, and any other pertinent information regarding the premises.
The alarm system user shall promptly notify the department, in writing, of any changes in this information.
There shall be a ten-dollar annual fee for registration.
Should any of the above information not be provided, the system shall be considered an unregistered alarm, and shall be subject to penalties for same.
(Ord. of 6-27-06, § 5)
It shall be unlawful to install, operate, or maintain an alarm system that transmits via telephone line directly to the Colchester Police Department, a prerecorded message requesting a police response. The owner or lessee of any such alarm system or device shall disconnect or have disconnected such system or device on or before ninety (90) days from the effective date of this Article.
(Ord. of 6-27-06, § 6)
For a police response to any false alarms (as defined in Section 9-73 above) the Town of Colchester may charge and collect from the person having or maintaining such alarm system on premises or occupied by him/her, waver fees as follows:
(1) False alarms:
a. First response. For a response to premises at which no other false alarm (as defined in Section 9-73 above) has occurred within the preceding twelve-month period, hereinafter referred to as "first response," no fee shall be charged, except for false alarms from unregistered alarm systems.
b. Subsequent response(s). For a second response to a false alarm to premises within twelve (12) months after the first response, a waiver fee of fifty dollars ($50.00) shall be charged. For each succeeding response thereafter within twelve (12) months of the first response, a waiver fee of one hundred dollars ($100.00) shall be charged.
c. Additional penalties. An additional penalty of ten dollars ($10.00) shall be assessed for any audible false alarm or audible alarm that does not shut off automatically with fifteen (15) minutes.
(2) Failure to register: A waiver fee of twenty-five dollars ($25.00) will be assessed for each alarm, whether or not it is false or an actual emergency, if the alarm is not registered in accordance with Section 9-75 above, or if the information on the registration form is out of date.
(3) Payment deadline: All fees must be paid within ten (10) days of receipt of notice. If fees are paid after the ten (10) days, an additional fee of ten dollars ($10.00) will be charged.
(d) Use of prohibited alarm: If the Police Department is called to respond through the user of a prohibited alarm as defined in Section 9-76 above, a waiver fee of fifty dollars ($50.00) will be charged in addition to the fees provided for in Section 9-76 above, regardless of whether or not the call was false.
(Ord. of 6-27-06, § 7)
Sec. 9-78. Violations or failures to comply.
A violation of this Article shall be a civil matter enforced in accordance with the provisions of 24 V.S.A. 1974 (a) and 1977 et seq. Anyone convicted of a violation or failure to comply with any provisions of this Article, including failure to pay any fee, may be subject to civil penalty of not more than five hundred dollars ($500.00) in addition to the waiver fees outlined in Section 9-77 above. Each day a violation continues shall constitute a separate offense.
(Ord. of 6-27-06, § 8)
Sec. 9-79. Liability of the Town of Colchester.
The Town of Colchester regulation of alarm systems shall not constitute acceptance by the Town of any liability to maintain any equipment, to answer alarms or anything in connection therewith.
(Ord. of 6-27-06, § 9)
If any section, sentence, or phrase of this Article shall for any reason be held invalid or unconstitutional by a decree or decision of any Court of Competent Jurisdiction, such decree or decision shall not affect or impair the validity of any other section or remaining portion of this Article.
(Ord. of 6-27-06, § 10)
(a) Initial administrative appeal: An alarm system user shall have the right to appeal any waiver fee to the Chief of Police. An appeal must be filed within fourteen (14) days of receipt of the fee or violation notice. The decision of the Chief of Police may be appealed to the Colchester Selectboard within ten (10) days of receipt of the Chief's decision. In the event such appeal is not satisfactorily resolved before the Selectboard, civil enforcement proceedings may be brought by the Town pursuant to 24 V.S.A. Section 1974(a).
(b) Enforcement before the Judicial Bureau: In the event an alarm system user violates this Article and fails to either pay the waiver fee or to take an appeal as hereinabove described, civil enforcement proceedings may be brought pursuant to 24 V.S.A. Section 1974(a).
(Ord. of 6-27-06, § 11)
FOOTNOTE(S):
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Editor's note— An ordinance dated June 27, 2006, amended the Code by enacting new provisions designated as Ch. 9, Art. IV. In order to preserve the format and allow for expansion of the Code, such provisions have been designated as §§ 9-71—9-81 at the editor's discretion. (Back)