[Adopted 8-27-2013 by Ord. No. 2013-002]
As used in this article, the following terms shall have the
meanings indicated:
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.
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:
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.
