[HISTORY: Adopted by the City Council of the City of Jamestown 3-26-1962 as Ch. 22 of the 1962 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks, Recreation and Conservation Commission — See Ch. 57.
Advertising materials — See Ch. 83.
Electrical standards — See Ch. 131.
Freshwater wetlands — See Ch. 149.
Games of chance — See Ch. 155.
Licenses and permits — See Ch. 175.
Peace and good order — See Ch. 198.
Peddling and soliciting — See Ch. 204.
Signs and encroachments — See Ch. 245.
Trees and shrubs — See Ch. 280.
Zoning — See Ch. 300.
[Amended 8-10-1992 by L.L. No. 2-1992]
As used in this chapter, the following terms shall have the meanings indicated:
PARK RESERVATION
All grounds now or hereafter lawfully under the control of the Director of Parks, Recreation and Conservation as parks, parkways, street parkings, street lawns and playgrounds.
[Amended 8-10-1992 by L.L. No. 2-1992]
No person shall dig up, cut, break, remove, deface, defile or ill-use any building, stone, fence, pole or other construction or any root, branch or other part of any tree or shrub or any plant, turf or rock or any other property of the City over which the Director of Parks, Recreation and Conservation has control except upon a permit issued by the Park Division or other duly authorized officer or agent acting under the control of the Director of Parks, Recreation and Conservation.
No person shall have possession of instruments of gambling in any park of the City or play any game of chance therein or utter profane, loud, threatening, abusive or indecent language in any such park or do any obscene or indecent thing therein or solicit the acquaintance of or follow or in any way annoy any visitor in any of the parks of the City.
No person shall go within the shrubberies in any park of the City or stand upon or lie down upon a bench or sit or stand upon or climb over any balustrade, wall or fence on any of the parks of the City.
[Amended 8-10-1992 by L.L. No. 2-1992; 9-25-2017]
No person shall throw any stone or other missile or discharge any firearm, firecracker, torpedo or firework or operate remote-controlled air devices such as, but not limited to, airplanes, helicopters, drones and the like or make a fire or post, paint, affix or display any sign, notice, placard or advertising device or have any intoxicating beverages or preach or pray aloud or make any oration or harangue or move in a military or civic parade, drill or procession or play any musical instrument in any of the public parks of the City, except by written authority of the Director of Parks, Recreation and Conservation. No person shall play any game of tennis, baseball, football or other sport upon any of the public parks of the City except by written authority of the Director of Parks, Recreation and Conservation or his duly authorized officer or agent.
[Amended 6-15-2020]
A. 
No person shall sell or offer or expose for sale or for rent any goods or wares or pleasure craft whatsoever on park reservations. This shall not be construed to prevent lawful sales on private grounds which are adjacent to park reservations. This prohibition shall be subject to the following exceptions:
(1) 
Public markets: any public market, as defined in Chapter 217 of the Code of the City of Jamestown.
(2) 
Mobile markets: any mobile market as defined in Chapter 217 of the Code of the City of Jamestown.
(3) 
Community events: Anyone deemed a special event vendor pursuant to § 249-2 of the Code of the City of Jamestown shall be allowed to operate in a park during a special event, so long as the fees contained in § 249-5 have been duly paid.
[1]
Editor's Note: Former Section 22.8, Attachment of contrivances to trees prohibited; Section 22.9, Requests for removal or trimming of trees; and Section 22.10, Planting of trees, which immediately followed this section, were deleted 8-10-1992 by L.L. No. 2-1992. See now Ch. 280, Trees and Shrubs.
[Amended 8-10-1992 by L.L. No. 2-1992]
Whenever directed by the Director of Parks, Recreation and Conservation, any person having or maintaining poles between the sidewalk and curbline of any street, square or highway shall paint the same with such color as shall be designated by the Director of Parks, Recreation and Conservation.
[Amended 8-10-1992 by L.L. No. 2-1992]
It shall be the duty of the employees acting under the control of the Director of Parks, Recreation and Conservation and of all policemen to remove as soon as discovered all advertisements or other matter affixed to or connected with any tree, fence, pole or other structure in violation of these rules, together with the tacks or other appliance used in affixing the same, and to report the removal as soon as practicable to the Director of Parks, Recreation and Conservation. These employees and policemen shall in all such cases ascertain if possible the person guilty of affixing, placing or displaying such advertisement or other matter and report the same to the Director of Parks, Recreation and Conservation.
[Amended 8-10-1992 by L.L. No. 2-1992]
Nothing in this chapter shall be construed to limit the authority of the City Council in opening, widening or narrowing streets, establishing or changing grades or in constructing, raising or lowering sidewalks, curbs or gutters or in exercising any other power conferred upon the City Council by the Charter.
[Amended 8-10-1992 by L.L. No. 2-1992]
It shall be unlawful for any person to install, change, alter or modify in location, position, substance or quality any structure, apparatus or thing between the curb and property line upon any street, avenue or alley above the level of the sidewalk thereon, including among other things not specified the following: poles, wires, pipes, signs, advertising means, entrances, covered or otherwise, racks, containers, posts and lights and other illuminating means without first obtaining the written permit of the Director of Parks, Recreation and Conservation authorizing the same.
Applications for the placing and maintenance of electrical signs shall conform to the provisions of Chapter 245, Signs and Encroachments, and shall be submitted to the Building Inspector for his approval.
[Amended 8-10-1992 by L.L. No. 2-1992]
Each permit to maintain poles in and along the streets, alleys, parks and public places of the City is granted, and any pole now erected in any street, alley, park or public place in the City shall be allowed to remain only under the condition that the City shall have the right to run all wires owned by the City either for fire alarms, police calls, streetlighting or power lines on all poles erected or allowed under § 193-11 to remain on any street or alley of this City in such positions on the poles as shall be decided to be proper by the Director of Parks, Recreation and Conservation and without the payment of any pecuniary consideration therefor.
A. 
Electric equipment having a capacity in excess of 25 kilowatts and used for the purpose of transforming electric current must not be located on any portion of the public highway or on any public lands without written permission from the Director of Parks, Recreation and Conservation and then only on such conditions as may be prescribed by the Director of Parks, Recreation and Conservation. Complete details showing methods of supporting shall be submitted upon application for permission to locate any such transformer equipment.
[Amended 8-10-1992 by L.L. No. 2-1992]
B. 
Transformer equipment having a capacity of 25 kilowatts or less may be placed on poles located between the sidewalk and curbline, provided that such equipment is adequately supported in accordance with the best practices known to the trade and will not interfere with the general rights and privileges of the public.
[Added 3-28-2016[1]; amended 6-24-2024; 6-24-2024]
A. 
Purpose. The use of tobacco, tobacco products, electronic cigarettes, and cannabis or herbal cigarettes on real property owned or leased by the City of Jamestown, including streets, sidewalks, parks, sporting fields, the Riverwalk System, swimming pools/splash pads and/or playgrounds, picnic facilities, parklets, parking lots, and lawn areas, is prohibited in order to:
(1) 
Protect the public health, safety, and general welfare by eliminating exposure to the hazards and annoyances of second-hand smoke;
(2) 
Acknowledge the need of non-smokers, especially children, to breathe smoke-free air, and eliminate the danger to public health which second-hand smoke causes;
(3) 
Recognize that the need to breathe air free of disease-causing toxins in second-hand smoke and chemicals emitted from combusted products should have priority over the desire and convenience of smoking on real property owned or leased by the City of Jamestown;
(4) 
Recognize the right and benefit to City residents and visitors to be free from unwelcome toxins, offensive odors, and residue from tobacco, tobacco products, electronic cigarettes, and cannabis or herbal cigarettes while on real property owned or leased by the City of Jamestown.
B. 
Definitions.
CANNABIS OR HERBAL CIGARETTES
Any product made primarily of cannabis or other herb or combination of herbs and intended to be smoked in any of the methods that tobacco is smoked, including, but not limited to, as a cigarette, cigar, or pipe filler.
ELECTRONIC CIGARETTES
An "electronic cigarette" is an electronic device that converts any solid or liquid substance into vapor for ingestion, and includes e-cigarettes, e-cigars, e-pipes, or any other similar device.
PARKLET
A small seating area or green space created as a public amenity on or alongside a sidewalk or in place of City of Jamestown parking spaces.
PUBLIC OFFICER
Any police officer, code enforcement officer, building code official, or authorized inspector to enforce federal, state and/or City laws, rules, regulations and/or ordinances.
REAL PROPERTY
All real property owned or leased by the City of Jamestown, including real estate, lands and any structures, buildings or facilities located upon said real estate and lands, streets, sidewalks, parks, sporting fields, the Riverwalk System, swimming pools/splash pads and/or playgrounds, picnic facilities, parklets, parking lots, and lawn areas.
SMOKING
Inhaling or exhaling from, or possessing, a lighted pipe, lighted cigar, operating electronic smoking device, or lighted cigarette of any kind, or the lighting of a pipe, cigar, electronic smoking device, or cigarette of any kind, including but not limited to, tobacco, cannabis or any other weed or plant.
TOBACCO AND TOBACCO PRODUCTS
Broad terms that include products containing tobacco such as cigarettes, cigars, pipes, chewing tobacco, snuff, and/or any other substance capable of being burned, ingested, and inhaled.
C. 
Smoking prohibited.
(1) 
No person shall smoke and/or utilize any tobacco, tobacco products, electronic cigarettes, and cannabis or herbal cigarettes on all real property owned or leased by the City of Jamestown, including streets, sidewalks, parks, sporting fields, the Riverwalk System, swimming pools/splash pads and/or playgrounds, picnic facilities, parklets, parking lots, and lawn areas.
(2) 
No person shall smoke and/or utilize any tobacco, tobacco products, electronic cigarettes, and cannabis or herbal cigarettes while traveling in or operating any equipment and/or vehicles owned or leased by the City of Jamestown and any of its operating entities and used in the delivery of public services.
(3) 
No person shall smoke and/or utilize any tobacco, tobacco products, electronic cigarettes, and cannabis or herbal cigarettes within 25 feet of the area occupied by a mobile vending cart, parklet, or outdoor dining area on all real property owned or leased by the City of Jamestown.
(4) 
Appropriate signage shall be posted designating smoke-free zones; however, the presence or absence of signs shall not be a defense to a violation of this section.
(5) 
Violation of this section shall be punishable in accordance with the provisions of § 193-17.
D. 
Responsibility of licensee or permit holder to inform. Any licensee or permit holder for an outdoor dining area, vending or outdoor event on City-owned property shall be required to inform members of the public of applicable restrictions on outdoor smoking (for example, through signs posted on a mobile vending cart, at the perimeter of an outdoor dining area or outdoor event and/or in the publicity for an event.
[1]
Editor's Note: This ordinance also redesignated former § 193-16 as § 193-17.
[Added 8-10-1992 by Ord. No. 2-1992; amended 4-16-2001; 3-28-2016]
Violations of the provisions in this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, Penalties, except for violations of §§ 193-15 and 193-16 of this chapter wherein, upon conviction of a violation of any said section, the fine shall not be less than $50 for a first-time offense, $100 for a second offense and $250 for a third or subsequent offense, which shall not be suspended, waived or otherwise reduced below those amounts. In addition, any equipment used in any violation of the provisions of this section may be seized or disposed of pursuant to order of the City Court Judge.
[Added 6-24-2024]
A. 
Any public officer, as previously defined herein, may issue a violation ticket(s) to the individual(s) known to have violated this chapter.
B. 
A ticket shall be served upon a violator by personally serving it to the violator.