(A) No person shall place, use, keep, store or maintain any upholstered furniture not manufactured for outdoor use, including, but not limited to, upholstered chairs, upholstered couches and mattresses, in any outside areas located in the following places:
(1) In any front yard;
(2) In any side yard;
(3) In any rear yard or other yard that is adjacent to a public street; and
(4) On any covered or uncovered porch located in or adjacent to any of the yards listed above.
(B) (1) For purposes of this section, YARDS are defined as follows:
FRONT YARD, REAR YARD and SIDE YARD. The open space between buildings and property lines at the front, rear and sides of property, respectively.
SIDE YARD. Extends the full length of a lot as if a line running along the edge of a building was extended to intersect with the rear property line.
(2) On a corner lot, the open space adjacent to the shorter street right-of-way shall be considered the FRONT YARD.
(3) The REAR YARD is that yard located on the opposite side of the lot from the front yard.
(C) The interior of any fully enclosed porch (including, but not limited to, a porch enclosed by screening material) that cannot be accessed from outside except through a door that can be locked shall not be considered an outside area for the purpose of this section.
(D) The following shall constitute specific defenses to any alleged violation of this section:
(1) Such furniture was placed in an outside location in order to allow it to be moved during a move of a resident or residents or removed as part of a trash or recycling program on a day scheduled for such moving or removal; and
(2) Such furniture was temporarily placed in an outside location in order that it be offered for sale at a yard or garage sale, and a sign is affixed to the furniture indicating that it is for sale.
(E) If it is determined that an individual is violating this section, the individual shall initially be asked by village police to immediately remove the furniture. The individual shall have 72 hours after such initial notification to properly remove and/or discard furniture.
(F) Upon the refusal of an individual to comply with the requirements of this section by removing the improperly placed furniture, the Police Department of the village shall have the authority and discretion to cause the removal and/or discarding of the improperly placed furniture, and the property owner shall be solely responsible for the expense of such removal and/or discarding.
(Ord. 2502, passed 2-16-2012) Penalty, see § 150.99