[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 disturb or injure any bird, bird's nest or bird's eggs or any squirrel or other animal or set any trap or snare within the park reservations of the City.
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 4-16-2001[1]]
All rules and regulations posted in any public park shall be observed at all times.
[1]
Editor's Note: This ordinance also redesignated former § 193-15 as § 193-16.
[Added 3-28-2016[1]]
A. 
No person shall smoke and/or utilize any tobacco products within the City of Jamestown Park System. This prohibition against the use of tobacco products includes but is not limited to sporting fields, the Riverwalk System, swimming pools and/or playgrounds, picnic facilities, parking lots and lawn areas.
B. 
No person shall smoke and/or utilize any tobacco products within the City of Jamestown buildings, public parking facilities and/or grounds.
C. 
No person shall smoke and/or utilize any tobacco products 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.
D. 
For purposes of this section, "to smoke and/or utilize any tobacco products" shall mean to burn a lighted cigar, cigarette or pipe, and/or to use any other substance which contains tobacco and also includes electronic cigarettes, vapor devices and chewing tobacco.
E. 
Appropriate signage shall be posted designating tobacco-free zones; however, the presence or absence of signs shall not be a defense to a violation of this section.
F. 
Violation of this section shall be punishable in accordance with the provisions of § 193-17.
[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.