(a) No person, being the owner, occupant or person in control of any building, room or premises shall store, use or permit to remain on premises under his control, in any outdoor area susceptible to moisture from inclement weather, including rain, snow or hail, or infestation by insect, rodent or other pest, any furniture designed for indoor use, including but not limited to cushions, pillows, mattresses, couches and chairs, except for the purposes of refuse pickup and recycling and not more than 24 hours before the designated collection time. This subsection shall not apply to furniture specifically designed and intended for outdoor use and exposure to moisture from inclement weather or furniture designed and intended for indoor use that, due to the materials it is composed of, is not susceptible to damage due to moisture from inclement weather or infestation, including plastic, rubber, vinyl, wood, wicker or metal.
(b) No person, being the owner, occupant or person in control of any building, room or premises shall store, use or permit to remain on premises under that person’s control, in any outdoor area, furniture designed for outdoor use, which has become dilapidated or deteriorated to the point it poses a safety or sanitation risk, except for the purpose of refuse pickup and recycling and not more than 24 hours before the designated collection time.
(c) No person shall construct makeshift outdoor furniture of plywood boards or other construction materials, saw horses, tubes, pipes or rigid materials suspended between two supports so as to be used as a permanent table or bench in any yard, alley, front porch, unenclosed rear porch or in any other outside area. However, it will be an affirmative defense to any alleged violation of this provision that such furniture was placed in an outside location designated for the collection of garbage, refuse or recyclable materials, for the purpose of having such furniture removed, provided that placement was not more than 24 hours before the designated collection time; or that the table or bench is actively being used for construction purposes.
(d) Whoever violates subsections (a), (b) and/or (c) is guilty of a minor misdemeanor on a first offense.
(e) Each day that a violation occurs constitutes a separate offense. If, within three years of the date of the violation, the offender has been previously convicted under this chapter, or a substantially similar municipal ordinance elsewhere, or a violation of Ohio Revised Code for littering or nuisance, the offense is a fourth-degree misdemeanor.
(Ord. 4446-15. Passed 9-15-15.)