ORDINANCE 4.4

Sponsor: Office of the City Attorney,
Ordinance Committee

Public Hearing Dates:

First reading: 07/14/25

Referred to: Ordinance Committee

Rules suspended and placed in all
Stages of passage:

Second reading: 08/25/25

Action: adopted

Date: 08/25/25

Signed by Mayor: 08/28/25

Published: 09/03/25

Effective: 09/23/25

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Chapter 1, General Provisions, of the Code of Ordinances of the City of Burlington be and is hereby amended by amending Section 10, Prosecution Where Different Penalties Exist for Same Offense; to include a new subsection regarding City Circle to read as follows:

1-10 Prosecution and City Circle where different penalties exist for same offense.

(a) Prosecution where different penalties exist for same offense. In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the city, the city attorney may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

(b) City Circle. The Office of the City Attorney, in consultation with the Community Justice Center shall create a restorative justice program to address criminal and civil ordinance violations in the city of Burlington. This program shall be referred to as the “City Circle.”

(1) Rules and Regulations. The Community Justice Center shall consult with the City Attorney’s Office to establish the rules and regulations which will govern this restorative justice program. Such rules and regulations, and any future amendments thereto, shall be subject to approval by the City Council. Once approved, the rules and regulations shall be posted on the webpage maintained by the Community Justice Center.

(2) Citations. A person who is found by a Law Enforcement Officer to be in violation of Burlington Code of Ordinances 21-24; 21-29; 21-30; 21-37; 21-38; 21-45; 21-46; 21-47; 21-48; 21-49; or any other ordinance as deemed appropriate by the Office of the City Attorney in consultation with the Community Justice Center shall be issued both a citation informing them of the ordinance that they have violated as well as a citation informing them that they must report to the next meeting of the City Circle. The City Circle citation is to include the time and place in which the City Circle is to occur.

(3) Meetings. City Circle Meetings shall be held on a weekly basis at a location to be determined by the City Attorney and the Community Justice Center.

(4) Failure to attend. If an individual fails to attend their City Circle meeting as scheduled, civil ordinance violations will be forwarded to the Judicial Bureau. Criminal ordinance violations will be forwarded to the Superior Court, and the individual will be expected to appear for an arraignment on a misdemeanor violation of city ordinance. If the individual fails to appear at Superior Court, the assigned prosecuting attorney may request a warrant.

* Material stricken out deleted.

** Material underlined added.

EW/Ordinances 2025/City Circle/BCO Ch. 1, Subsection 10

Sec. 1-10

7/17/2025