[Adopted 8-27-2013 by Ord. No. 2013-002]
As used in this article, the following terms shall have the meanings indicated:
AGENT
Any person with real or apparent authority to act on behalf of another person, and shall include but is not limited to a person who manages or operates the property for the owner, receives notices or process for the owner, or acts in any other way as the representative of the owner.
RESPONSIBLE PERSON
A property owner, tenant, occupant, lessee, and any agent of the foregoing. Each responsible person is individually and separately liable and each responsible person may be found responsible for the same conditions on the property that violate this section.
A. 
No responsible person shall place, use, keep, or maintain any upholstered furniture not designed or 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;
(4) 
On any covered or uncovered balcony, porch, deck, landing, or other area exposed to the weather.
B. 
The interior of any fully enclosed porch, including but not limited to, a porch enclosed by screening material, that cannot be accessed from the outside except through a door that can be locked shall not be considered an outside area for the purpose of this article.
C. 
The following shall constitute specific defenses to any alleged violation of this article:
(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, and a sign is affixed to the furniture indicating that it is for sale.
Notice to any responsible person by the Village of a violation of this article and order to correct the violation within 72 hours after such notification may be made by mailing it to the responsible person (in the case of an owner as shown on Village records), delivering it to the responsible person, or posting it at a conspicuous place on the property.
A violation of this article is a municipal civil infraction. The penalty for a violation that is a municipal civil infraction shall be a civil fine in an amount set by resolution of the Village Council from time to time.