The city of Burlington, Vermont, home to the University of Vermont, is making an effort to crack down on "quality of life" crimes, including noise violations. The following excerpts from the Burlington Code, and related text, is from a flyer distributed by the Burlington Police department. Note that the police department not only cites the code, but adds its own words as well.
Burlington Code
21-13(b)(1) General Prohibitions:
It shall be unlawful for any person to make or cause to be made any
loud or unreasonable noise. 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 the community. Any such
noise sheall be considered to be a noise disturbance and a public
nuisance.
21-13(b)(2) Express Prohibitions:
The following acts, which enumeration shall not be deemed to be
exclusive, are declared to be a noise disturbance:
A. Radios, television sets, musical instruments, phonographs and
similar devices.
The operation or permitting the use or operation of any musical
instrument, radio, television, phonograph, or other device for the
production or reproduction of sound in such a manner as to disturb the
peace, quiet, or comfort, of the public or in such a manner as to be
audible through walls between units within the range of the same building,
from another property or the street.
B. Parties and other social events.
It shall be unlawful for any person in charge of a party or other
social event to allow that party or event to produce noise in a loud or
offensive manner such that the noise interferes with the peace or health
of members of the public or is audible through walls between units within
the same building, from another property or from the street. A person
shall be deemed to be in charge of a party or social event when that event
occurs on private property and the person is present at the event and
resides on the premises involved or is a person who lives in or on the
premises involved and who has authorized the use of the premises for such
event.
Enforcement
21-13(e)
1) First offense:
A first offense of any provision of this ordinance by a person during
any twelve-month period shall be deemed a civil ordinance violation and
shall be puishable by a fine of from one hundred dollars ($100.00) to five
hundred dollars $500.00). The waiver fine shall be one hundred dollars
($100.00). Any law enforcement officer may issue a municipal complaint
ticket for such offense.
2) Second and subsequent offenses:
A second offense during a twelve-month period 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). Each subsequent
offense shall be deemed a criminal offense and shall be punishable by a
fine of from three hundred dollars ($300.00) to five hundred dollars
($500.00).
3) Any law enforcement officer who cites an accused for violation of
this ordinance shall issue a "Notice of Violation Ticket" as
provided in section 1-9(d).
ALL SECOND OFFENSES ARE DEEMED A CRIMINAL OFFENSE AND THE VIOLATOR OR
VIOLATORS WILL BE ISSUED A CRIMINAL CITATION TO APPEAR IN COURT. THIS
MEANS THAT UPON CONVICTION YOU WILL HAVE A CRIMINAL RECORD.
***The Burlington Police reserve the right to issue a criminal
citation under the following Vermont Law:
Title 13, Vermont Statutes Annotated, section 1026,
Disorderly Conduct:
A person who, with intent to cause public inconvenience, or annoyance
or recklessly creating a risk thereof:
1) Engages in fighting or in violent, tumultuous or threatening
behavior;or
2) Makes unreasonable noise; or
3) In a public place uses abusive or obscene language; or
4) Without lawful authority, disturbs any lawful assembly or meeting
of persons.
Failure to Respond to the Police
Every year we experience those individuals who consider themselves
above the law and decide to ignore our presence. Failure to answer the
door for a law enforcement officer carries some serious repercussions.
Often times there are extenuating circumstances taking place inside the
suspect residence.
****Please take note: If you fail to answer the door, we will contact
your landlord and advise them of the situation that is occurring on their
property and the liability they have possibly incurred. The Burlington
Police have access to a a great deal of area landlords.
Every reasonable attempt will be made to contact you at your
residence and discuss the violation. Should we have trouble contacting
you, or we clearly see you are avoiding out efforts the following will
happen:
1) If you are to receive a citation and are clearly avoiding service,
a warrant will be issued for your arrest; or
2) If you are a student, we will contact you while in class and serve
you with the appropriate paperwork; or
3) We will contact you at your place of employment and serve you with
the appropriate paperwork.
We would appreciate your cooperation in meeting with us when we
arrive. Your cooperation saves us time and saves you embarrassment.
***Any questions or concerns that you may have may be addressed with
the following individuals: Lieutenant Richard Long 658-2704 x.271,
Sergeant Paul Glynn 658-2704 x.163, or Officer Amy Avery 659-2704 x.146.