The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 61: REGULATORY PROVISIONS; POLICE POWER OF MUNICIPALITIES

 

Sub-Chapter 1: Definitions For Chapter

§ 2001. Definition

The term "legislative body" of a municipality, as used in this chapter, shall mean the mayor and board of aldermen of a city, the board of selectmen of a town, and the president and trustees of an incorporated village. The term "selectmen," as used in this chapter, shall include the mayor and board of aldermen of a city and the president and trustees of an incorporated village. The term "town" shall mean village or city.


 

Sub-Chapter 2: Jitneys And Taxis

§ 2031. Jitneys; regulations; powers

The legislative branch of a municipality shall have the power to make, establish, alter, amend or repeal regulations for the operation, parking, soliciting, delivery or fares in the jitney and taxi business in general within the municipality and to establish penalties for the breach thereof, not to exceed $100.00 for each violation thereof. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 80, eff. April 9, 1974.)


§ 2032. Referendum

The right of a legislative branch of a municipality to make such regulations shall not take effect until they have been approved and accepted by a majority of the voters of the municipality attending a duly warned regular or special meeting called for that purpose, nor shall such regulations take effect until they are published once a week on the same day for two consecutive weeks in a newspaper published in such municipality or, in the absence thereof, in a newspaper circulating within the county.


 

Sub-Chapter 3: Junkyards

§§ 2061-2066. Repealed. 1961, No. 261, § 17, eff. July 31, 1961.


§§ 2067-2081. Repealed. 1969, No. 98, § 2.


 

Sub-Chapter 4: Radio-television Interference

§ 2091. Complaint

Upon complaint to the legislative body that some person, firm or corporation, having authority to transact business in this state, is unreasonably and unnecessarily disturbing or interfering with the reception of radio or television waves used for radio or television transmission, the legislative body, after notice to such person, firm or corporation, may investigate or cause to be investigated such complaint under such rules and regulations as the legislative body may prescribe as to service of such notice and as to the date of hearing thereon.


§ 2092. Investigation, notice

If, upon such investigation, the source and cause of such alleged disturbance or interference is determined, after due notice as provided in section 2091 of this title, the legislative body shall give due notice in writing to the person, firm or corporation found by such legislative body to be responsible therefor to correct or eliminate the cause of such unnecessary or unreasonable disturbance or interference, within a reasonable time thereafter to be stated in such notice. Such notice may be sent to the person, firm or corporation affected, by registered mail addressed to the residence or place of business in this state.


§ 2093. Penalty

Within the time fixed in the notice, a person who refuses and neglects to correct or eliminate the cause of the unreasonable disturbance, provided the same is reasonably subject to correction at a cost not to exceed $50.00, and who, after such time, knowingly, wilfully or maliciously continues unreasonably or unnecessarily to disturb the reception of such radio or television waves, shall be fined not more than $50.00. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 81, eff. April 9, 1974.)


 

Sub-Chapter 5: Nuisances

§ 2121. Injunctions

The selectmen of a town in the name and behalf of such town or the town school district therein, as the case may be, and the trustees of an incorporated village, in the name and behalf of such village, may prefer complaint for relief by injunction for the abatement of public nuisances. The Superior Court shall have jurisdiction of such actions.


 

Sub-Chapter 6: Curfew

§ 2151. Child welfare

A municipality may make regulations respecting children under sixteen years of age who are allowed to loiter in the streets or other public places. Such regulations shall be conducive to their welfare and to the public good. Such municipality may fix a penalty of not more than $5.00 for each violation of such regulations to be recovered against the person having the custody of such child in a civil action on this statute.


 

Sub-Chapter 7: Sale Of Produce

§ 2181. License not required

Owners and renters of land shall have the right to vend or sell all products of such land at wholesale or retail, in person or by agent, in towns without obtaining licenses therefor from such towns.


 

Sub-Chapter 8: Rubbish And Garbage

§ 2201. Throwing, depositing, burning, and dumping refuse; penalty; summons and complaint

(a)(1) Prohibition. Every person shall be responsible for proper disposal of his or her own solid waste. A person shall not throw, dump, deposit, cause, or permit to be thrown, dumped, or deposited any solid waste as defined in 10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing in or on lands or waters of the State outside a solid waste management facility certified by the Agency of Natural Resources.

(2) There shall be a rebuttable presumption that a person who is identifiable from an examination of illegally disposed solid waste is the person who violated a provision of this section.

(3) No person shall burn or cause to be burned in the open or incinerate in any container, furnace, or other device any solid waste without:

(A) first having obtained all necessary permits from the Agency of Natural Resources, the District Environmental Commission, and the municipality where the burning is to take place; and

(B) complying with all relevant State and local regulations and ordinances.

(b) Prosecution of violations. A person who violates a provision of this section commits a civil violation and shall be subject to a civil penalty of not more than $500.00. This violation shall be enforceable in the Judicial Bureau pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a municipal attorney, solid waste management district attorney, environmental enforcement officer employed by the Agency of Natural Resources, grand juror, or designee of the legislative body of the municipality, or by any duly authorized law enforcement officer. If the throwing, placing, or depositing was done from a snowmobile, vessel, or motor vehicle, except a motor bus, there shall be a rebuttable presumption that the throwing, placing, or depositing was done by the operator of such snowmobile, vessel, or motor vehicle. Nothing in this section shall be construed as affecting the operation of an automobile graveyard or salvage yard as defined in section 2241 of this title, nor shall anything in this section be construed as prohibiting the installation and use of appropriate receptacles for solid waste provided by the State or towns.

(c) Roadside cleanup. A person found in violation of this section may be assigned to spend up to 80 hours collecting trash or litter from a specified segment of roadside or from a specified area of public property.

(d) Repealed.]

(e) Revocation of hunting, fishing, or trapping license. The Commissioner of Fish and Wildlife shall revoke the privilege of a person found in violation of this section from holding a hunting, fishing, or trapping license for a period of one year from the date of the conviction, if the person fails to pay the penalty set forth in subsection (b) of this section. The Bureau shall immediately notify the Commissioner of Fish and Wildlife of the entry of judgment.

(f) Repealed.]

(g) Amendment of complaint. A person authorized to enforce this section may amend or dismiss a complaint issued by that person by marking the complaint and returning it to the Judicial Bureau. At the hearing, a person authorized to enforce this section may amend or dismiss a complaint issued by that person, subject to the approval of the hearing judge.

(h) Repealed.]

(i) Applicability. Enforcement actions taken under this section shall in no way preclude the Agency of Natural Resources, the Attorney General, or an appropriate State prosecutor from initiating other or further enforcement actions under the civil, administrative, or criminal enforcement provisions of 10 V.S.A. chapter 23, 47, 159, 201, or 211. To the extent that enforcement under this section is by an environmental enforcement officer employed by the Agency of Natural Resources, enforcement under this section shall preclude other enforcement by the Agency for the same offence.

(j) Definitions. As used in this section:

(1) "Motor vehicle" shall have the same meaning as in 23 V.S.A. § 4(21).

(2) "Snowmobile" shall have the same meaning as in 23 V.S.A. § 3801.

(3) "Vessel" means motor boats, boats, kayaks, canoes, sailboats, and all other types of watercraft.

(4) "Waters" shall have the same meaning as in 10 V.S.A. § 1251(13). (Amended 1961, No. 164, eff. June 14, 1961; 1965, No. 62, eff. May 19, 1965; 1967, No. 90, § 1, eff. July 1, 1969; 1969, No. 287 (Adj. Sess.), § 1, eff. Sept. 1, 1970; 1971, No. 245 (Adj. Sess.), §§ 1, 2, eff. April 6, 1972; 1989, No. 286 (Adj. Sess.), § 4; 1999, No. 63, § 3; 1999, No. 160 (Adj. Sess.), § 29; 2005, No. 23, § 1; 2009, No. 56, § 3; 2013, No. 117 (Adj. Sess.), § 1.)


§ 2201a. Depositing household and commercial trash in roadside and park litter barrels

(a) A person shall not use trash containers which are provided for travel trash at state parks, public picnic and rest areas and roadside turnouts as dumping places for household garbage, household trash, farm waste or commercial waste materials or deposit such garbage, trash or waste material on or near any spot commonly used for picnic purposes.

(b) A person who violates a provision of this section shall be fined not more than $200.00 or may work a total of not more than 40 hours collecting trash or litter from roadsides or other public property under such supervision as the court may direct. (Added 1983, No. 210 (Adj. Sess.).)


§ 2202. Repealed. 1977, No. 106, § 4.


§ 2202a. Municipalities-Responsibilities for solid waste

(a) Municipalities are responsible for the management and regulation of the storage, collection, processing, and disposal of solid wastes within their jurisdiction in conformance with the State Solid Waste Management Plan authorized under 10 V.S.A. chapter 159. Municipalities may issue exclusive local franchises and may make, amend, or repeal rules necessary to manage the storage, collection, processing, and disposal of solid waste materials within their limits and impose penalties for violations thereof, provided that the rules are consistent with the State Plan and rules adopted by the Secretary of Natural Resources under 10 V.S.A. chapter 159. A fine may not exceed $1,000.00 for each violation. This section shall not be construed to permit the existence of a nuisance.

(b) Municipalities may satisfy the requirements of the State Solid Waste Management Plan and the rules of the Secretary of Natural Resources through agreement between any other unit of government or any operator having a permit from the Secretary, as the case may be.

(c)(1) No later than July 1, 1988 each municipality, as defined in subdivision 4303(12) of this title, shall join or participate in a solid waste management district organized pursuant to chapter 121 of this title no later than January 1, 1988 or participate in a regional planning commission's planning effort for purposes of solid waste implementation planning, as implementation planning is defined in 10 V.S.A. § 6602.

(2) No later than July 1, 1990 each regional planning commission shall work on a cooperative basis with municipalities within the region to prepare a solid waste implementation plan for adoption by all of the municipalities within the region which are not members of a solid waste district, that conforms to the State Waste Management Plan and describes in detail how the region will achieve the priorities established by 10 V.S.A. § 6604(a)(1). A solid waste implementation plan adopted by a municipality that is not a member of a district shall not in any way require the approval of a district. No later than July 1, 1990 each solid waste district shall adopt a solid waste implementation plan that conforms to the State Waste Management Plan, describes in detail how the district will achieve the priorities established by 10 V.S.A. § 6604(a), and is in conformance with any regional plan adopted pursuant to chapter 117 of this title. Municipalities or solid waste management districts that have contracts in existence as of January 1, 1987, which contracts are inconsistent with the State Solid Waste Plan and the priorities established in 10 V.S.A. § 6604(a), shall not be required to breach those contracts, provided they make good faith efforts to renegotiate those contracts in order to comply. The Secretary may extend the deadline for completion of a plan upon finding that despite good faith efforts to comply, a regional planning commission or solid waste management district has been unable to comply, due to the unavailability of planning assistance funds under 10 V.S.A. § 6603b(a) or delays in completion of a landfill evaluation under 10 V.S.A. § 6605a.

(3) A municipality that does not join or participate as provided in this subsection shall not be eligible for State funds to plan and construct solid waste facilities, nor can it use facilities certified for use by the region or by the solid waste management district.

(4) A regional plan or a solid waste implementation plan shall include a component for the management of nonregulated hazardous wastes.

(A) At the outset of the planning process for the management of nonregulated hazardous wastes and throughout the process, solid waste management districts or regional planning commissions, with respect to areas not served by solid waste management districts, shall solicit the participation of owners of solid waste management facilities that receive mixed solid wastes, local citizens, businesses, and organizations by holding informal working sessions that suit the needs of local people. At a minimum, an advisory committee composed of citizens and business persons shall be established to provide guidance on both the development and implementation of the nonregulated hazardous waste management plan component.

(B) The regional planning commission or solid waste management district shall hold at least two public hearings within the region or district after public notice on the proposed plan component or amendment.

(C) The plan component shall be based upon the following priorities, in descending order:

(i) the elimination or reduction, whenever feasible, in the use of hazardous, particularly toxic, substances;

(ii) reduction in the generation of hazardous waste;

(iii) proper management of household and exempt small quantity generator hazardous waste; and

(iv) reduction in the toxicity of the solid waste stream, to the maximum extent feasible in accordance with the priorities of 10 V.S.A. § 6604(a)(1).

(D) At a minimum, this plan component shall include the following:

(i) an analysis of preferred management strategies that identifies advantages and disadvantages of each option;

(ii) an ongoing educational program for schools and households, promoting the priorities of this subsection;

(iii) an educational and technical assistance program for exempt small quantity generators that provides information on the following: use and waste reduction; preferred management strategies for specific waste streams; and collection, management, and disposal options currently or potentially available;

(iv) a management program for household hazardous waste;

(v) a priority management program for unregulated hazardous waste streams that present the greatest risks;

(vi) a waste diversion program element that is coordinated with any owners of solid waste management facilities and is designed to remove unregulated hazardous waste from the waste stream entering solid waste facilities and otherwise to properly manage unregulated hazardous waste; and

(vii) a waste management system established for all the waste streams banned from landfills under 10 V.S.A. § 6621a.

(E) For the purposes of this subsection, nonregulated hazardous wastes include hazardous wastes generated by households and exempt small quantity generators as defined in the hazardous waste management regulations adopted under 10 V.S.A. chapter 159.

(d) By no later than July 1, 2015, a municipality shall implement a variable rate pricing system that charges for the collection of municipal solid waste from a residential customer for disposal based on the volume or weight of the waste collected.

(e) The education and outreach requirements of this section need not be met through direct mailings, but may be met through other methods such as television and radio advertising; use of the Internet, social media, or electronic mail; or the publication of informational pamphlets or materials. (Added 1977, No. 106, § 3; amended 1987, No. 76, § 18; 1987, No. 78, § 3; 1989, No. 281 (Adj. Sess.), § 6, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 5, eff. June 22, 1990; 1989, No. 286 (Adj. Sess.), § 12, eff. June 22, 1990; 1991, No. 100, § 12; 1993, No. 81, § 5; 2011, No. 148 (Adj. Sess.), § 11.)


§ 2203. Repealed. 1977, No. 106, § 4.


§ 2203a. Municipal disposal

Each town and city shall provide for the operation and maintenance of any of the following: sanitary landfills, incinerators, recycling centers, intermediate processing facilities, composting plants or resource recovery facilities or a combination thereof as the exclusive means for disposal of solid waste, as defined in 10 V.S.A. § 6602, subject to the rules and guidelines promulgated by the secretary of the agency of natural resources. (Added 1977, No. 106, § 3; amended 1985, No. 231 (Adj. Sess.), § 1; 1987, No. 76, § 18.)


§ 2203b. Recycling centers

(a) Whether or not a municipality provides for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, the municipality may establish requirements for the management of such a center or facility.

(b) [Deleted.]

(c) For the purposes of Titles 10, 24, and 32, recycling means the process of utilizing waste for the production of raw materials or products, but shall not include processing solid waste to produce energy or fuel products.

(d) The provisions of this section shall not apply to hazardous waste. (Added 1985, No. 231 (Adj. Sess.), § 2; 1999, No. 63, § 6.)


§ 2204. Repealed. 1979, No. 47, § 1(1), eff. April 25, 1979.


§ 2205. Repealed. 1979, No. 47, § 1(2), eff. April 25, 1979.


§ 2206. Recycling centers

(a) The secretary of natural resources shall develop a state plan for the establishment and operation of solid waste recycling centers sufficient to meet the need for solid waste recycling throughout the state. In developing a state plan the secretary may establish pilot or demonstration projects for the purpose of determining equitable regions or methods for solid waste recycling. Pursuant to such plan the secretary shall establish and operate or contract for the establishment and operation of a solid waste recycling center within each town, or within each administrative district created pursuant to section 4001 of Title 3, or within such other regions as he deems reasonable to efficiently utilize solid waste recycling facilities at locations determined by him with the approval of the legislative body of the town in which the facility is to be located. Each recycling center shall be used for the storage, processing and sale or disposal of solid waste. The secretary may purchase, lease or rent land or designate land owned by the state or any agency or department thereof for use as recycling centers.

(b) The secretary is authorized to contract in the name of the state for the service of independent contractors under bond or with an agency or department of the state or a town to operate the recycling centers or to collect solid waste and deliver it to a recycling center.

(c) The secretary shall promulgate rules pursuant to chapter 25 of Title 3 to implement the provisions of this section.

(d) [Omitted.]  (Added 1971, No. 252 (Adj. Sess.), § 2.)


 

Sub-Chapter 9: Trailer Parks

§§ 2231-2233. Repealed. 2007, No. 120 (Adj. Sess.), § 1(a).


 

Sub-Chapter 10: Salvage Yards

§ 2241. Definitions

For the purposes of this subchapter:

(1) "Abandoned" means a motor vehicle as defined in 23 V.S.A. § 2151.

(2) "Board" means the State Transportation Board, or its duly delegated representative.

(3) "Highway" means any highway as defined in 19 V.S.A. § 1.

(4) "Interstate or primary highway" means any highway, including access roads, ramps, and connecting links, which have been designated by the State with the approval of the Federal Highway Administration, Department of Transportation, as part of the National System of Interstate and Defense Highways, or as a part of the National System of Primary Highways.

(5) "Junk" means old or scrap copper, brass, iron, steel, and other old or scrap or nonferrous material, including rope, rags, batteries, glass, rubber debris, waste, trash, or any discarded, dismantled, wrecked, scrapped, or ruined motor vehicles or parts thereof.

(6) "Junk motor vehicle" means a discarded, dismantled, wrecked, scrapped, or ruined motor vehicle or parts thereof, or a motor vehicle, other than an on-premise utility vehicle, which is allowed to remain unregistered or uninspected for a period of 90 days from the date of discovery.

(7) "Salvage yard" means any place of outdoor storage or deposit for storing, keeping, processing, buying, or selling junk or as a scrap metal processing facility. "Salvage yard" also means any outdoor area used for operation of an automobile graveyard. It does not mean a garage where wrecked or disabled motor vehicles are stored for less than 90 days for inspection or repairs.

(8) "Legislative body" means the city council of a city, the selectboard of a town, or the board of trustees of a village.

(9) "Main traveled way" means the portion of a highway designed for the movement of motor vehicles, shoulders, auxiliary lanes, and roadside picnic, parking, rest, and observation areas and other areas immediately adjacent and contiguous to the traveled portion of the highway and designated by the Transportation Board as a roadside area for the use of highway users and generally but not necessarily located within the highway right-of-way.

(10) "Motor vehicle" means any vehicle propelled or drawn by power other than muscular power, including trailers.

(11) "Notice" means by certified mail with return receipt requested.

(12) "Scrap metal processing facility" means a manufacturing business which purchases sundry types of scrap metal from various sources including the following: industrial plants, fabricators, manufacturing companies, railroads, junkyards, auto wreckers, salvage dealers, building wreckers, and plant dismantlers and sells the scrap metal in wholesale shipments directly to foundries, ductile foundries, and steel foundries where the scrap metal is melted down and utilized in their manufacturing process.

(13) "Secretary" means the Secretary of Natural Resources or the Secretary's designee.

(14) "Automobile hobbyist" means a person who is not primarily engaged in the business of:

(A) selling motor vehicles or motor vehicle parts; or

(B) accepting, storing, or dismantling junk motor vehicles.

(15) "Automobile graveyard" means a yard, field, or other outdoor area on a property owned or controlled by a person and used or maintained for storing or depositing four or more junk motor vehicles. "Automobile graveyard" does not include:

(A) an area used by an automobile hobbyist to store, organize, restore, or display motor vehicles or parts of such vehicles, provided that the hobbyist's activities comply with all applicable federal, State, and municipal law;

(B) an area used for the storage of motor vehicles exempt from registration under 23 V.S.A. chapter 7;

(C) an area owned or used by a dealer registered under 23 V.S.A. § 453 for the storage of motor vehicles; or

(D) an area used or maintained for the parking or storage of operational commercial motor vehicles, as that term is defined in 23 V.S.A. § 4103(4), that are temporarily out of service and unregistered but are expected to be used in the future by the vehicle operator or owner. (Added 1969, No. 98, § 1; amended 1971, No. 36, § 1, eff. April 1, 1971; 1973, No. 164 (Adj. Sess.), § 2, eff. July 1, 1974; 1983, No. 185 (Adj. Sess.), § 1; 2003, No. 101 (Adj. Sess.), § 2; 2009, No. 56, § 4; 2009, No. 93 (Adj. Sess.), § 2; 2013, No. 161 (Adj. Sess.), § 72.)


§ 2242. Requirement for operation or maintenance

(a) A person shall not operate, establish, or maintain a salvage yard unless he or she:

(1) holds a certificate of approval for the location of the salvage yard; and

(2) holds a certificate of registration issued by the Secretary to operate, establish, or maintain a salvage yard.

(b) The issuance of a certificate of registration under subsection (a) of this section shall not relieve a salvage yard from the obligation to comply with existing state and federal environmental laws and to obtain all permits required under State or federal environmental law.

(c) The Secretary may require a person to obtain a salvage yard certificate of registration under this section upon a determination, based on available information, that the person has taken action to circumvent the requirements of this subchapter. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 2; 2009, No. 56, § 5; 2009, No. 93 (Adj. Sess.), § 3.)


§ 2243. Administration; duties and authority

The Agency of Transportation and the Secretary of Natural Resources are designated as responsible for carrying out the provisions of this subchapter and shall have the following additional responsibilities and powers:

(1) The Agency of Transportation or the Secretary of Natural Resources may make such reasonable rules and regulations as he or she deems necessary, provided such rules and regulations do not conflict with any federal laws, rules, and regulations, or the provisions of this subchapter.

(2) The Agency of Transportation shall enter into agreements with the U.S. Secretary of Transportation or his or her representatives in order to designate those areas of the State which are properly zoned or used for industrial activities, and to arrange for federal cost participation.

(3) The Secretary shall adopt and enforce requirements for adequate fencing and screening of salvage yards.

(4) The Agency of Transportation may seek an injunction against a salvage yard which is in violation of the relevant provisions of this subchapter. The Secretary may enforce the relevant provisions of this chapter under 10 V.S.A. chapter 201.

(5) The Agency of Transportation or the Secretary may issue necessary orders, findings, and directives, and do all other things reasonably necessary and proper to carry out the purpose of this subchapter. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 3; 1993, No. 172 (Adj. Sess.), § 31; 2009, No. 56, § 6.)