[HISTORY: Adopted by the City Council of the City of Jamestown as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-13-1992]
[Added 8-10-1992 by L.L. No. 2-1992]
Except as otherwise provided, any person who shall violate any provision of this Code shall, upon conviction thereof, be punishable by a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
[Amended 11-23-2009]
Whenever pursuant to this Code or any ordinance of the City a violation occurs resulting in the issuance of an appearance ticket by the Building Inspector, the Plumbing Inspector, the Fire Inspector or the Electrical Inspector for enforcement by Jamestown City Court, there shall be imposed against each defendant mandatory court costs in the amount of $50 for each and every appearance which is required in Jamestown City Court by a representative of the City of Jamestown or by the party so cited, except in those cases where the City Court Judge makes a determination that there was no legal basis for the service of the appearance ticket. Said mandatory court costs shall be separate and independent from any fines or penalties imposed elsewhere under this or any other chapter or ordinance of the City Code.
[Adopted 8-10-1992 by L.L. No. 2-1992]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Jamestown, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 300, shall be known collectively as the "Code of the City of Jamestown," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the City of Jamestown" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such local law, ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Jamestown, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-5 below.
All local laws and ordinances of a general and permanent nature of the City of Jamestown in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-5 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the City of Jamestown prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. 
An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the City of Jamestown or any penalty, punishment or forfeiture which may result therefrom.
C. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the City of Jamestown.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Jamestown.
E. 
Any local law or ordinance of the City of Jamestown providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the City of Jamestown or any portion thereof.
F. 
Any local law or ordinance of the City of Jamestown appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the City of Jamestown or other instruments or evidence of the City's indebtedness.
G. 
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any legislation relating to salaries or employee benefits.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any legislation pertaining to vehicles and traffic.
M. 
Any legislation adopted subsequent to March 23, 1992.
If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
[Amended 11-27-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A copy of the Code, in loose-leaf form, has been filed in the office of the City Clerk/Treasurer of the City of Jamestown and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified to by the City Clerk/Treasurer of the City of Jamestown by impressing thereon the Seal of the City of Jamestown, and such certified copy shall remain on file in the office of said City Clerk/Treasurer to be made available to persons desiring to examine the same during all times while the said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the City of Jamestown" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the City Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the City Council deems desirable.
[Amended 11-27-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
It shall be the duty of the City Clerk/Treasurer to keep up-to-date the certified copy of the book containing the Code of the City of Jamestown required to be filed in the office of the City Clerk/Treasurer for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the City Council subsequent to the enactment of this local law in such form as to indicate the intention of said City Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
[Amended 11-27-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Copies of the Code may be purchased from the City Clerk/Treasurer of the City of Jamestown upon the payment of a fee to be set by resolution of the City Council, which Council may also arrange by resolution for procedures for the periodic supplementation thereof.
[Amended 11-27-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Any person who, without authorization from the City Clerk/Treasurer, changes or amends, by additions or deletions, any part or portion of the Code of the City of Jamestown or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Jamestown to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
A. 
Whenever words of the masculine or feminine gender appear in any provision of the Code, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male and female persons. This construction shall apply to gender indicative suffixes or prefixes as well as to gender indicative words.[1]
[1]
Editor's Note: Former Subsection B, regarding L.L. No. 1-1992 and the words "City Clerk" and "City Treasurer" being deemed to mean "City Clerk Treasurer," as amended, was repealed 12-11-1995 by L.L. No. 6-1995.
A. 
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Jamestown, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B, C and D hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such as of the date of their original adoption.
B. 
Nomenclature changes throughout the Code: "Councilmen" and "Councilman" shall be changed to "Council persons" and "Council person" throughout the Code.
C. 
The following sections are amended to delete a specific fee amount for a permit or licenses and replace it with a reference to Chapter 175, Licenses and Permits.[1]
[1]
Pursuant to § 1-14C, the following sections were amended: §§ 97-6A, 101-3, 125-9, 131-5, 131-6B and C, 204-4B, 204-5D, 204-6, 210-1, 229-7, 235-4, 235-8A, 245-5B, 252-3, 252-11, 274-11, 300-83A and 300-92B.
D. 
In addition, the following changes, amendments or revisions are made herewith, to take effect retroactively as of the date of adoption of the original provisions. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)[2]
[2]
Editor's Note: Pursuant to § 1-14D, the following chapters, articles or sections were added or amended: §§ C-6, C-8, C-9B(3), C-10A, C-10B, C-13, C-15, C-37, C-39, C-40, C-42, C-44, C-47A, C-59, C-62B, C-76, C-82B, C-83E(1), C-87B, C-93, C-116, C-121, 1-1, 21-2, 21-3A, 47-1, 72-2A, 72-4A, 83-4, 97-1, 97-11, 97-13, 101-8, 107-1, 107-10, 112-1, 112-8, 120-12, 125-7, 131-4, 131-20, 140-8, Ch. 142, §§ 145-7, 145-9, 160-10, 165-4, 175-3A, 185-3B, 185-7, 193-1, 193-2, 193-6, 193-8, 193-9, 193-10, 193-11, 193-13, 193-14A, 193-15, 198-1B, 198-5, 204-14, 215-5, 215-6A, 229-12, 245-11, 252-25, 252-26, 252-27, 265-1, 265-2A, 265-10, 274-14, 280-2, 280-17, Ch. 292, §§ 300-19, 300-20, 300-40 and 300-46G. In addition, the following original sections were deleted: §§ 10(g), 17(c), 37, 38, 64, 66, 68a and 114 and Title VIIIA of the Charter; Section 16.3 of former Ch. 16; Sections 20.1 through 20.4, 20.7, 20.10 and 20.11 of former Ch. 20; Sections 22.8, 22.9 and 22.10 of former Ch. 22; Sections 26.14E and 26.17 of former Ch. 26; Sections 31.20, 31.21 and 31.22 of former Ch. 31; and Sections 2 and 3 of L.L. No. 3-1981. A complete description of each change is on file in the office of the City Clerk/Treasurer.
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the City of Jamestown, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-3 to 1-16, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.