April Burbank

Free Press Staff Writer

Burlingtonians: Have a legal question about ferrets, pigeons or masks?

You're in luck: All are addressed in the city code of ordinances.

In Burlington's nearly 150-year history, a few ordinances and charter provisions have stuck around, some with charming language and old-fashioned social mores.

"I think you always find these kind of ancient laws that linger and become obscure and forgotten," said City Council President Joan Shannon, D-Ward 5.

Many of the unusual ordinances date back to a major revision of the city ordinances in 1962. Eventually, Burlington may do another comprehensive review of its laws, said City Attorney Eileen Blackwood.

Avid readers of the Burlington Code of Ordinances (you're out there somewhere) will stumble upon these intriguing tidbits:

1. The City Council can censor movies — and slide presentations.

Burlington city councilors have 65 specific powers in the city charter. High on the list is the power to censor "motion picture films, reels or stereopticon views or slides."

Councilors could create a "board of censors" to root out the shocking and profane.

Has the City Council ever taken advantage of that power?

"Not in my time, and I don't think that's really anything we're considering," said Shannon. "We do have a few bigger fish to fry."

Joe McNeil, who served as city attorney from 1970 to 2007, said his office consciously decided against enforcement of that section of the charter.

"It was pretty much a dead letter when I started," McNeil said. "It came up, and the city attorney's office was like, 'There's no way that's constitutional.'"

McNeil guessed that the charter provision dated to Victorian morals at the turn of the 20th century and that Burlington would judge movies coming into the city.

The city could remove the item from the city charter with a public vote, like other charter changes, and approval by the state Legislature.

On the books: City Charter title 3, article 19, section 48, No. 3

2. Traveling photographers and menageries can be taxed.

If you're among the group of "common showmen" ambling around the city, take note: The City Council may also regulate or tax "the exhibition of common showmen, circuses, menageries, carnivals, and shows of every kind, and all plays, athletic contests, exhibitions or entertainments for money."

Also in the City Council's purview: To regulate or prohibit "transient auctioneers and itinerant photographers."

The city requires auctioneers to be licensed, but City Council President Shannon wasn't sure if there was a modern equivalent for itinerant photographers.

In the age of Instagram, Shannon said, "I'm sure it hasn't been used for people with phones."

On the books: City Charter title 3,article 19, section 48, No. 3 and 4

3. Hitchhiking is a public nuisance, except in emergencies.

The city prohibits anyone from asking for a ride on the street — unless the person is a friend of the driver or someone needs an emergency ride because of sickness.

The ordinance is infrequently enforced, according to Burlington Police Chief Michael Schirling, but does come in play where hitchhiking is especially dangerous, such as Shelburne Road.

McNeil, the former city attorney, said hitchhiking was more of a problem, including among students, in the 1970s and 1980s.

On the books:Article 1, section 21, No. 21

4. Let the pigeons and gulls stay hungry.

Anyone who feeds pigeons or sea gulls in any public place may face civil and criminal fines.

"Every once in a while, we do enforce when there's complaints about particular areas like Waterfront Park or Battery Park," Chief Schirling said. "They don't always get a ticket, but sometimes it's enforced by, 'Hey, no more feeding the pigeons.'"

Birds have snatched hot dogs out of people's hands in Battery Park, the chief said.

On the books: Article 1, Section 21, No, 30.1 and 30.2

5. Have a European ferret? Bring it to Church Street.

A little more than a decade ago, Burlington enacted an ordinance banning exotic pets from Church Street Marketplace and city parks for health and safety reasons.

"Every once in a while someone will bring a giant snake or something strange out there and we have to respond," said Chief Schirling.

Anyone who wants to bring an exotic pet to those areas has to get approval from the Church Street Marketplace director or the Parks, Recreation and Waterfront Department.

The exceptions? Domestic dogs, domestic cats and the "European ferret (Mustela putorious furo)" — the ordinance includes the Latin name. That means the domesticated kind of ferret, according to the American Ferret Association website.

And if you're bringing an exotic pet across a city park on your way home from the pet store, never fear — just keep a copy of the receipt in your pocket.

On the books: Article 1, section 5, No. 5

6. The prostitution ordinance is gender-specific.

The city prohibits "any female" from being a prostitute, "and and no male shall associate and consort with such female for the purpose of prostitution."

But don't get too worked up over male prostitution — it's prohibited by state law, which prohibits any person from engaging in prostitution.

Police Chief Schirling said the Burlington Police Department would be more likely to use federal laws to go after prostitution, anyway.

"I think it's just really old, and we would not use it for cases involving prostitution or more accurately now, human trafficking kind of things," Schirling said.

On the books: Article 1, section 21, No. 33

7. You can't wear a mask in public.

Anyone older than 21 may not "congregate, march, parade or hold any meeting in any public street, highway, lane, park or common in the city, wearing any mask, hood or device for covering his face and head so as to disguise and conceal his personal identity."

This ordinance last received attention in 1962, when Burlington completed a major revision of its ordinances, but it might have been on the books before then.

Halloween revelers are safe, said Police Chief Schirling.

"My best guess is that it was created to ensure that people couldn't do things and obscure their identity by using a mask," Schirling said. "So it still makes sense to some extent."

In general, Schirling said, the ordinance can help to prevent potential problems such as someone standing outside an ATM machine or convenience store wearing a mask.

On the books: Article 1, section 21, No. 36

8. There are specific rules for refrigerator disposal.

Burlingtonians getting rid of old refrigerators and freezers are required to remove the lock or door to prevent children from being stuck inside.

State law contains a similar requirement, and Police Chief Schirling notes that disposing of refrigerators also involves other environmental concerns.

On the books: Article 1, section 21, No. 1

9. Lost or abandoned items can be adopted by the city.

If police have unclaimed property for at least 30 days, after trying to track down the owner, the police department can take it for a city department, give it to charity or auction it off.

"Most of the property — abandoned bicycles, in particular — go to charity," Chief Schirling said. Occasionally, he said, there's a tool that a department like the Parks, Recreation and Waterfront Department could use.

Many of the valuable things that are seized as evidence in cases of theft are eventually recovered, Schirling said. On that note, he said everyone should record serial numbers for their valuables.

On the books: Article 1, section 21, No. 2

10. Stick with the hitching posts. You can't tie your horse to a tree or shrub.

"No person shall hitch a horse or other animal to a tree, shrub or fence in a street, public park or other city property," the ordinance reads, "nor leave a horse or other animal untied or tied within reach of such tree, shrub or fence."

This ordinance is low on Burlington police's priority list, said Chief Schirling. It's fairly common for people to leash their dogs to a tree or fence in Burlington, he said — but he cautioned dog owners to be careful about leaving dogs outside in crowded places like Church Street Marketplace.

On the books: Article 1, section 29, No. 5

11. The City Council can ask you to shovel the walk.

Burlington's charter allows the City Council to write an ordinance that compels property owners to shovel the sidewalk in front of their property after a snowstorm.

There used to be such an ordinance, according to McNeil, the former city attorney, but enforcement stopped during World War II because "so many people were away in the service."

Now the city Public Works Department plows sidewalks, though McNeil said some in Burlington have considered returning to the old way.

On the books: City Charter title 3, article 19, section 48, No. 3

Contact April Burbank at (802) 660-1863 or aburbank@freepressmedia.com. Follow her on Twitter at www.twitter.com/AprilBurbank

More online:

The Burlington city charter and ordinances are current through September 2013 at http://codepublishing.com/vt/burlington/