ORDINANCE 6.7

Sponsor: Councilor Singh

Public Hearing Dates:

First reading: 9/14/2026

Referred to: Ordinance Committee

Rules suspended and placed in all stages of passage:

Second reading: 10/26/26

Action: adopted as amended by OC

Date: 10/26/26

Signed by Mayor: 10/28/26

Published: 11/04/26

Effective: 11/24/26

That Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of Burlington be and hereby is amended by amending Sec. 21-45A(f), Trespass on City Property, thereof to read as follows:

21-45A(f). Notice of Trespass on City Property

(f) Appeal.

(1) Process. The recipient of a notice of trespass may appeal the notice of trespass by filing an appeal, in writing, within seven (7) calendar days of the issuance of the notice. The written appeal shall include the appellant’s name, address, phone number, and indicate whether a hearing is requested. No fee shall be charged for filing the appeal. The appeal shall be filed at the location designated in the notice of trespass. Except for in exigent circumstances, any such appeal shall stay the operation of the notice of trespass beyond the day the appeal is filed, pending a hearing and/or written decision.

(2) Exigent circumstances. For purposes of this chapter, “exigent circumstances” means any situation in which the issuing city official/officer determines that a person presents an immediate and substantial threat or danger to the health, safety, or welfare of another person. In such circumstances, an appeal shall not stay the operation of the notice of trespass. The existence of exigent circumstances and the specific factual basis therefore shall be determined by the issuing city official/officer and communicated to the designated hearing panel and appellant in writing within one (1) business day from when the appeal is filed.

(3) As written.

(4) Procedure. When an appeal is filed, the designated hearing panel shall meet within ten (10) business days to consider the appeal, unless the Committee determines, either upon its own finding or request of either party, that additional time is warranted given the complexity of the matter at hand. However, in no event shall the hearing shall be scheduled more than thirty (30) days after the appeal is filed. If no hearing is requested, the designated hearing panel may consider any written submissions as part of its decision. If a hearing is requested, the appellant must be provided at least three (3) business days written notice of the date, time, and location of the hearing. The designated hearing panel shall allow oral and/or written testimony and evidence from the appellant and the issuing city official or officer. In reviewing the notice of trespass, the panel will utilize the preponderance of the evidence standard with the burden of proof on the charging official or their representative. The designated hearing panel shall issue a written decision within ten (10) business days of the hearing, which shall include a record of any finding by the issuing official/officer of the existence of exigent circumstances regarding the stay of the notice of trespass while the appeal was pending, if applicable. The designated hearing panel may extend the time period for hearing if the operation of the notice of trespass is stayed or if the appellant consents.

(5) — As written.

* Material stricken out deleted.

** Material underlined added.

*** Material in red text from 1st reading plus Ordinance Committee proposal

PSC/HM/Ordinances 2026/BCO Chapter 21, Sec. 21-45A(f) – Appeal Hearing Scheduling Timeline

10/13/26