City of Burlington in the Year Two Thousand Twenty-Five an Ordinance in Relation to Prohibiting Indecent Exposure

ORDINANCE 6.2
Sponsor: Councilor Traverse,

Ordinance Committee

Public Hearing Dates:

First Reading: 06/23/25

Referred to: Ordinance Committee

Rules suspended and placed in all stages of passage:

Second reading: 09/29/25

Action: adopted as amended

Date: 09/29/25

Signed by Mayor: 09/30/25

Published: 10/08/25

Effective: 10/28/25

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

That WHEREAS, indecent public exposure invades the privacy of members of the public who are unwillingly or unexpectedly exposed to such conduct and: (1) unreasonably interferes with the rights of all persons to use and enjoy the streets, sidewalks, and other public places; (2) creates a public safety hazard by creating distractions, obstructions, and crowds that interfere with the safety and free flow of pedestrian and vehicular traffic; and (3) discourages members of the public from visiting or living in areas where such conduct occurs; and

WHEREAS, law enforcement officials in Burlington are currently limited to addressing indecent public exposure only when it rises to the level of open and gross lewdness under 13 V.S.A. § 2601a; and

WHEREAS, a number of municipalities around Vermont have stood up broader public protections from indecent exposure; and

WHEREAS, in recent years, there have been multiple reported incidents of indecent public exposure, including in public areas around our schools;

NOW, THEREFORE, BE IT RESOLVED that Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of Burlington be and hereby is amended by adding Section 21-25 to read as follows:

21-25 Public indecent exposure.

(a) Authority. This section is enacted pursuant to the specific authority granted municipalities under 24 V.S.A. § 2291 to promote public health, safety, welfare, and convenience. It is the purpose of this article to regulate public indecent exposure, which is deemed to be a public nuisance.

(b) Definitions.

“Public indecent exposure” is defined as a person exposing their genitals or anus on any street, sidewalk, or other public place.

“Public place” is defined as any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public, and where nudity or exposure is not necessarily and customarily expected. Public places include, but are not limited to streets, sidewalks, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence whether permanent or temporary in nature and other places where an individual would not reasonably be expected to be observed by members of the public or where nudity or exposure is necessarily and customarily expected, shall not be deemed a public place.

(c) Unlawful Acts Prohibited. No person shall knowingly or intentionally engage in public indecent exposure. A violation of this section does not require open and gross lewdness as required under 13 V.S.A. § 2601a.

(d) Enforcement. A person who violates this section commits a first offense of indecent exposure punishable by a civil penalty of one hundred dollars ($100.00) (with a waiver penalty of fifty dollars ($50.00)) for the first offense. A person will be considered to have committed a second offense if it occurs less than six (6) months after a first offense, punishable by a civil penalty of two hundred dollars ($200.00) (with a waiver penalty of one hundred dollars ($100.00) A person will be considered to have committed a third offense if it occurs less than six (6) months after a second offense, which is a criminal offense, pursuant to 24 V.S.A. § 1974, punishable by a criminal penalty of five hundred dollars ($500.00). Any charges or citations shall be dismissed and the associated penalties shall be waived upon the successful completion of a restorative or reparative justice program through the Community Justice Center or City Circle. In addition to the enforcement procedures listed in this section, the city is authorized to commence a civil action to obtain injunctive and/or other appropriate relief, or to pursue any other remedy authorized by law.

(e) Exceptions.

i. The provisions of this section shall not apply to any person under the age of five years.

ii. This section shall not supersede or otherwise affect existing laws regulating nudity under the Burlington Code of Ordinances or Rules and Regulations of the Burlington Parks and Recreation Department.

iii. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, or parks special use permit are exempt from these provisions. Such persons shall comply with all conditions of such permits or licenses.

BT/Ordinances 2025/Prohibiting Indecent Exposure/New BCO Sec. 21-25

9/5/25, v.4 CCOC final