(a) No person shall place, use, keep, store, or maintain any upholstered and/or furniture not manufactured for outdoor use, including, without limitation, upholstered chairs, upholstered couches, and mattresses, etc., 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. However, an alley shall not be considered a “public street” for the purpose of this subsection; or
(4) On any covered or uncovered porch located in or adjacent to any of the yards described in subsections (a)(1) through (a)(3) of this section.
(5) On any balconies or porches located on the second floor, or any floor above the second floor of a building.
(b) For the purpose of this section, yards are defined as follows:
(1) The terms “front yard,” “rear yard,” and “side yard” refer to the open spaces between buildings and property lines at the front, rear, and sides of a property, respectively.
(2) A 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.
(3) On a corner lot, the open space adjacent to the shorter street right of way shall be considered the front yard.
(4) 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, without limitation, 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 provision:
(1) That 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.
(2) That such furniture was temporarily placed in an outside location in order that it be offered for sale at a yard or garage sale if each of the following conditions exists:
A. The furniture is located in an outside location only during the hours of 8:00 a.m. and 6:00 p.m.
B. The person attempting to sell the furniture, or that person’s agent, is outside during the period of the yard or garage sale in order to monitor the sale.
C. A sign is placed on or near the furniture indicating that it is for sale.
D. This defense shall not apply if upholstered furniture is located in an outside location for more than two days in any six-month period.
(e) If Code Enforcement Officer finds that any upholstered furniture exists on any property in violation of this section, the officer may require that the owner and the lessee, agent, occupant, or other person in possession or control of the property correct the violation and bring the property into conformity with this section, using the following procedure:
(1) The Code Enforcement Officer shall notify the owner and/or the lessee, agent, occupant, or other person in possession or control of the property that such persons have ten days from the date of the notice to make such corrections. Notice under this subsection is sufficient if it is deposited in the mail, first class, to the last known owner of the property on the records of the Stark County Auditor.
(2) If the person notified fails to correct the violation as required by the notice prescribed by subsection (f)(1) of this section an administrative penalty of $50.00 will be levied against the owner of the property for collection by the Stark County Auditor in the same manner as delinquent general taxes. Each notice of a non-abated violation shall constitute a separate offense.
(Ord. 22-2014. Passed 4-7-14.)