No person shall occupy any portion of the sidewalk or public highway in displaying foods or merchandise in front of his premises in the business or mercantile districts of the City as described by Chapter 300, Zoning. No person shall allow goods, boxes or other articles to remain more than 30 minutes on the sidewalk in front of his business premises, nor shall the specific enumeration of this privilege vest the owner or occupant of such premises with the right to refuse to remove such goods, boxes or other articles upon the summary order of the Chief of Police or any member of the police force.
[Amended 6-9-1980]
A. 
No person, firm or corporation shall run any vehicle along any sidewalk of the City except for the transportation of children or invalids. No person, firm or corporation shall run any vehicle across any sidewalk of the City except for the purpose of moving from the highway to the adjacent premises by use of a driveway, nor shall any person, firm or corporation delay the movement or passage of a vehicle across the walks of the City in such a manner as to blockade the thoroughfare or to impede the passage of pedestrians.
B. 
No person, firm or corporation shall hereafter construct, build, establish or maintain any driveway, nor shall any person, firm or corporation run any vehicle across or upon any portion of the public curb, public parkway or a public sidewalk, for purposes of gaining access to private property without first having obtained a written permit to do so from the Director of Public Works of the City of Jamestown.
C. 
Subsections A and B shall not apply to any person, firm or corporation engaged in the lawful delivery of goods, merchandise or services for hire to private businesses and dwelling houses nor to any person, firm or corporation engaged in the business of moving and storage of goods for hire.
[Amended 2-23-1976]
A. 
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
ROADWAY
That portion of a street or highway improved, designed or ordinarily used for vehicular traffic exclusive of the berm or shoulder.
SIDEWALK
That portion of the street between the curblines or the lateral lines of the roadway and the adjacent property lines intended for the use of pedestrians.
STREET or HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to use of the public for purposes of vehicular traffic.
TERRACE
The land lying between the street curb and the outer limits of the sidewalk running parallel with such street curb. The words “outer limits of the sidewalk” mean the outer or street side of any sidewalk. In localities where the sidewalk is not clearly visible because of a covering of cement or blacktop or otherwise, the outer limits of the sidewalk shall be determined to be a projection of the outer line of the sidewalk measured along the entire length of the street.
[Amended 2-23-2009]
B. 
Every person, partnership, corporation, joint-stock company or syndicate in charge or control of any building or lot of land within the City fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or otherwise shall remove and clear away or cause to be removed or cleared away snow and ice from so much of the sidewalk as is in front of or abuts on said building or lot.
C. 
The foregoing notwithstanding, in the event that snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person or entity charged with its removal shall cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause a path in said sidewalk to be thoroughly cleaned.
D. 
No person, partnership, corporation, joint-stock company or syndicate shall deposit or cause to be deposited any snow, gravel or stone or other debris or material on or against a fire hydrant, or mailbox, or any sidewalk, highway, street, roadway or loading and unloading areas of a public transportation system, except that snow and ice may be pushed, brushed, blown, plowed, swept, or shoveled to any terrace area within the City where necessary to effect the removal of snow from sidewalks and driveways; provided, however, that such snow does not encroach onto the roadway or highway between the outside faces of the curb nor obstruct any sidewalk, nor impede, impair or obstruct any pedestrian traffic; and provided, further, that such snow does not impede obstruct any established terraced sidewalks. Every person, partnership, corporation, joint-stock company or syndicate shall, wherever practical, store snow, ice, gravel or other debris or material removed from the property on the terrace area which abuts the property from which it was removed.
[Amended 2-23-2009]
E. 
No person, partnership, corporation, joint-stock company or syndicate shall leave any ditch, excavation of the highway or other hole or pile of dirt, material or building on the surface of the highway or sidewalk without having placed a barricade, fence, covered walk or other protection as may be required by the Director of Public Works or any law or regulation of the State of New York, including but not limited to the Vehicle and Traffic Law, and during the hours from sunset to sunrise display on and around the obstructed part or parts of the street or sidewalk such number and type of amber or red lights as shall be deemed proper and necessary by the Director of Public Works.[1]
[1]
Editor's Note: Former Section 26.14E, which immediately followed this subsection and established a penalty for offenses, was deleted 8-10-1992 by L.L. No. 2-1992.
F. 
Such owner or occupant, and each of them, shall be liable for any injury or damage by reason of omission, failure or neglect to make, maintain or repair such sidewalk. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 1, General Provisions, Article I, Penalties.
[Added 9-25-2006]
No person shall do any act or permit an object or vehicle under his control to be the subject of any act or situation which blockades or tends to blockade the highways of the City, nor shall any person refuse to desist from doing any act which tends to blockade the highways of the City when ordered to so desist by the Chief of Police or any of the subordinates.
[Amended 11-10-1997]
No person shall allow the weeds or grass to grow on any portion of his premises between the sidewalk and the curbline or any other area of the City street right-of-way bordering said premises without removing or cutting the same once each month between the first day of June and the 15th day of October in each year.
No person shall maintain an air or gas hose across or over any sidewalk or public highway of the City.[1]
[1]
Editor's Note: Former Section 26.17 Burning of paper, leaves, rubbish, etc., as amended 5-23-1983, which immediately followed this section, was deleted 8-10-1992 by L.L. No. 2-1992. See now Ch. 142, Fires, Open.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017]
No person shall run any traction engine or other heavy machine having the surface of its wheels, flanges, spikes or other projections coming into contact with the pavement or highway in the operation thereof over any pavement or any street in the City without first obtaining permission from the Chief of Police and filing a bond with the City Clerk/Treasurer in such amount as the Chief of Police shall require and approve, conditioned for the protection of the City against any damages to the pavement. Unless a special permit is given by the Chief of Police, in writing, to the contrary, no person shall run any traction engine, machine or vehicle upon or over any pavement without placing upon the pavement planks of sufficient width to prevent such spikes, flanges or projections coming in contact with the pavement and doing damage thereto.
[Amended 3-21-2005]
Whenever any person, either as owner, lessee, tenant, contractor, employer or employee, shall erect platforms adjacent to a building or suspend a platform or supports by means of ropes, tackle or by other means from the roof or side of a building for purposes of painting, repairing or otherwise working on such structure, then such person shall cause the sidewalk immediately adjacent to the part of the building under such repair or upon which work is being done to be roped off, together with an indication of a means by which pedestrians may pass around such point or place immediately adjacent to or under the portion of the structure being subjected to work, paint, repairs and the like. No person shall proceed with such painting, repairs, work and the like without first obtaining a right-of-way permit.
A. 
The placing, erecting, constructing or permitting of any way, opening, hole or exit or entrance or means of entrance or exit, or both, for persons or things in, upon, across, through, over, above or below any highway, street, sidewalk, alley or other public place or thoroughfare or the public approaches thereto by any person is prohibited within the City except as otherwise allowed under Subsection B below.
B. 
A person desiring to place or construct a way, opening, exit or entrance from, to, below, above or across any street, sidewalk, alley or highway of the City or to exercise or seek to exercise similar privileges within the City as described by the Subsection A above shall in the first instance make a written application to the City Council for permission so to do. Such application shall contain the place it is desired to exercise such privilege, a description of the proposed way, opening, exit or entrance or the like, the purpose thereof and the means proposed to be provided to protect the public therefrom, together with the consent of the owner of such premises, if a tenant or other persons file such application, to such erection, construction or placing, coupled with the owner's waiver of any permanent right or vested interest in or to the means, ways or privileges if thereafter granted by the City Council. If after receiving an application including the conditions specified by this subsection the City Council grants such permit, it is hereby declared to be with the express understanding and reservation that no owner, tenant or lessee shall derive any right or permanent interest in any privileges thus granted and that the City Council may summarily revoke such grant and withdraw any such privileges at any time, with or without cause, and that any grants made or privileges permitted, given or extended upon the filing of an application as provided by this subsection shall be made, received and accepted upon the condition that the City Council may empower and direct its officers and agents to summarily withdraw such rights and privileges and to close, block, cover or abolish any way, hole, exit, entrance or the means of carrying persons or things in, upon, over, across, through, above or below any street, sidewalk, alley or other public place within the City.
No person shall coast on any of the sidewalks or highways of the City or slide thereon or ski, except on such sidewalks, highways or places as are designated from season to season by the City Council.
[Added 9-10-1984]
No person, association, firm or corporation shall utilize any portion of any public street for purposes of engaging in or holding any block party, festival, gathering or celebration without first obtaining the written permission of the Public Safety Committee of the Jamestown City Council, which Public Safety Committee is hereby authorized and empowered to impose such restrictions or conditions upon any such block party, festival, gathering or celebration it deems necessary for the preservation and protection of public health, safety, welfare, convenience and good order.
[Added 9-25-1989]
No person, association, firm or corporation shall engage in the repair or maintenance of any motor vehicle on the public streets, highways, roadways, sidewalks, parkways or City-owned parking lots or parking ramps of the City of Jamestown. For purposes of this section, the term "repair or maintenance" shall include but not be limited to bodywork, including painting, oil changes, radiator flushes, transmission fluid flushes, brake jobs, the changing of tires, except for the changing of a flat tire, ignition and electrical system repairs, all engine repairs and repairs to steering, transmission, drive train, exhaust system, axles and the like. Nothing in this section shall be deemed to prohibit the making of repairs necessary to enable a temporarily disabled motor vehicle to become operable. For purposes of this section, a "temporarily disabled motor vehicle" shall be deemed to be a motor vehicle not disabled when purchased or a motor vehicle which has stalled during its operation or which has otherwise been rendered inoperable because of unanticipated mechanical failure; provided, however, that if such disabled motor vehicle cannot be rendered operable within 24 hours of becoming disabled, the owner, operator or lessee of such motor vehicle shall cause the same to be towed or otherwise removed from the public street, highway, roadway, sidewalk, public parking lot or parking ramp of the City of Jamestown until such repairs can be completed.
[Added 3-12-1990; amended 5-13-1991]
A. 
No person shall operate or ride any devices commonly known as "skateboards," "roller skates" or "blades" on any of the public streets, highways, roads or parking lots owned, operated or maintained by the City of Jamestown, nor shall any person operate or ride any devices commonly known as "skateboards", "roller skates" or "blades" on any of the sidewalks, parking ramps or any other property owned, operated or maintained by the City of Jamestown located within the congested district as such is defined by Chapter 290, Vehicles and Traffic, of the Code of the City of Jamestown. For purposes of this section, the term "skateboard" shall be deemed to mean a device consisting of a board, regardless of material composition, to which there is affixed one or more wheels for purposes of supporting said board and providing locomotion thereto. The term "roller skates" shall be deemed to mean shoes or boots to which there are attached wheels for purposes of supporting said shoes or boots and providing locomotion thereto. The term "blades" shall be deemed to mean shoes or boots to which there are attached one or more wheels in tandem for purposes of supporting said shoes or boots and providing locomotion thereto.
B. 
The Chief of Police and the authorized officers under his command are hereby authorized to impound the skateboard, roller skates or blades being operated or ridden by any person found to be in violation of the provision of this section.
[Added 8-10-1992 by L.L. No. 2-1992]
No person shall deposit or place within any portion of any street or public place within the City any building materials or similar supplies to be used in construction or repair of any building except as permitted by the terms of this chapter. If an abutting owner or his lessee, agent or contractor desires to proceed with the construction or repair of a building on a site adjacent to a given public street or place and his plans have been approved as to use and design by the Building Inspector or by the Board of Appeals, if application is made to such body, then such abutting owner or his lessee, agent or contractor shall have the privilege of applying, in writing, to the Building Inspector for permission to occupy not more than 1/3 of the width of the highway in front of the building site for the purpose of storing building materials during the period of construction. The Building Inspector shall grant the permit, in writing, under such conditions and restrictions as he may deem advisable to specify therein for the purpose of lessening the inconvenience to the vehicular traffic and the danger to pedestrians.
[Added 8-10-1992 by L.L. No. 2-1992]
A. 
No person shall move a building across or through any public highway or place of the City without a permit from the Building Inspector. An application for a permit to move a building through a public street or place of the City shall be signed by the owner of the structure and the person undertaking the moving of the building and shall be submitted to the Building Inspector. The Building Inspector is authorized to grant a permit for the moving of the building through the public streets or places of the City under such restrictions as he may determine to be necessary for lessening the inconvenience of vehicular traffic, protecting the safety of pedestrians and assuring the accessibility of abutting owners to their residential and business premises. He shall have the right to recite in the permit a definite period of time in which the building shall be moved between the enumerated points and to require from the owner and a moving contractor a joint and several bond, upon a form to be approved by the Corporation Counsel, specifying conditions for the movement of the structure through the public streets or place under the terms of the permit and this chapter, together with suitable clauses protecting the City against liability by reason of the structure being moved through its streets or public places and providing that the obligors shall compensate the City for any damage to its pavements, curbs or sidewalks by reason of the moving of the structure. Such authority shall not authorize the Building Inspector to grant a permit for the movement of a structure through any street, alley or public place within the business districts as bounded by this chapter or as those districts may be bounded from time to time by amendment to this chapter. The movement of structures across or through the streets, alleys or public places within the boundaries of the business districts is hereby prohibited except in a case where the owner of the structure proposed to be removed deems himself aggrieved by the provision. Such owner shall have the right to apply, in writing, to the Board of Appeals to be relieved from the specific prohibitions of this section.
B. 
Such owner shall enumerate in his petition the facts which he claims to be the basis of his grievance and the grounds upon which he asks the Board to except him from the expressed prohibitions of this section. Such petition shall recite the route through which he proposes to move the structure and the signal lights and public utility wires to be intercepted, cut or raised together with the values of the structure to be moved. The Board of Appeals shall give notice of a hearing on the matter upon application therefor by publishing a notice of the time place and purpose of such hearing in the official newspaper at least two days preceding the date of such hearing. The Secretary of the Board shall at once transmit a copy of such notice to the Director of Public Works, charged with the protections of public property, the Chief of Police/Director of Public Safety, charged with the administration of the Traffic Ordinance,[1] the Superintendent of Public Utilities, charged with the supervision of the municipal utility wires, the Deputy Fire Chief and/or his designee, Alltel and any other persons who appear to have an interest in the application or whose rights may be involved along the route which is proposed to move the structure. If the Board of Appeals find upon public hearing that the expressed prohibitions of this section work an unusual hardship upon the owner of the structure proposed to be removed and if it further finds that such structure may be moved without detriment to the public interest, safety or convenience and without injury to the owners abutting the route of the proposed movement, then the Board, in exercise of its discretion, may relieve the applicant from the expressed prohibitions of this section and authorize the Building Inspector to grant a permit.
[Amended 2-24-2003]
[1]
Editor's Note: See Ch. 290, Vehicles and Traffic.