(a) No person, including the owner of real property, lessee or tenant in possession of real property shall place, use, keep, store, maintain or allow to remain any upholstered or other furniture designed or manufactured primarily for indoor use in the following places:
(1) On unenclosed exterior porches or balconies.
(2) On any exposed open yard or area of private property.
(b) The following items are specifically excepted from this restriction: Furniture constructed completely out of wood, metal or plastic and outdoor patio furniture with weather resistant cushions.
(c) No person, including the owner of real property, lessee or tenant in possession of real property shall place, use, keep, store, maintain or allow to remain construction materials such as saw horses, tubes, pipes or other rigid materials suspended between two supports so as to be used as a table in any exposed open yard or area of private property or on unenclosed exterior porches or balconies.
(d) The following uses shall be considered an affirmative defense to alleged violations of this section:
(1) Such furniture was placed in an outside location designated for the collection of garbage, refuse and recycling service in accordance with the Village refuse service for the purpose of having said furniture removed and said placement at said location is not more than 24 hours before the designated collection time.
(2) Such furniture was temporarily placed in an outside location in order to allow it to be moved during a move of a resident so long as its not placed in the outside location more than 24 hours before the scheduled move.
(3) Such furniture was temporarily placed in an outside location in order for it to be offered for sale at a yard sale or garage sale permitted by the Village, or at an auction so long as said furniture is not placed in the outside location more than 24 hours before the scheduled auction or sale.
(4) The construction materials, boards, saw horses, tubes, pipes or other rigid materials are actively being used as part of the construction process.
(e) Whoever violates this section is guilty of a minor misdemeanor on the first offense, and each subsequent offense shall render such person guilty of a misdemeanor of the fourth degree. Any day that a violation of this section continues shall constitute a separate offense.
(Ord. 2023-03. Passed 2-21-23.)