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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/03/2002 - FIRST READING OF ORDINANCE NO. 128, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 20 DATE: September 3, 2002 FORT COLLINS CITY COUNCIL FROM: Steve Roy John Fischbach SUBJECT : First Reading of Ordinance No. 128, 2002, Amending Chapter 20, Article III of the City Code lConcerning the Prohibition of the Use of Indoor Furniture in Certain Outdoor Locations. 1 RECOMMENDATION: j Staff recommends adoption of the Ordinance on First Reading. i EXECUTIVE SUMMARY: The City Code presently prohibits the use of indoor furniture in certain outdoor locations. It does so by including the use of indoor furniture in those locations within the definition of "discarded furniture"which,in turn,is part of the definition of"rubbish."An accumulation of rubbish is subject to removal by the City as a nuisance under the City Code. This Ordinance would establish a different approach to prohibiting indoor furniture in outdoor locations and would directly prohibit such furniture in yards and uncovered porches. BACKGROUND: In 1997, the City Council amended Section 20-41 of the City Code by changing the definition of jrubbish to include "upholstered furniture that is designed,manufactured and intended primarily for indoor use but is used or stored outdoors in any unroofed area, whether the upholstered furniture is actually discarded or not". The reason this was done is that the use of indoor furniture in outdoor locations in aesthetically offensive and also poses a danger to the health, safety and welfare of the inhabitants of the city, both because of the possible use of such furniture to fuel fires during the course of civil disturbances and because of the increased risk of rodent and insect infestation presented when such furniture is exposed to the weather. Under the current approach to prohibiting the use of indoor furniture out-of-doors,one can argue that the prohibition is applicable only when there is an "accumulation" of rubbish and that the presence of a single piece of upholstered furniture in the prohibited locations does not constitute a violation { of the Code. For that reason, City staff is recommending a different approach. Under the proposed Ordinance,indoor upholstered furniture used out-of-doors would no longer be part of the definition + of rubbish. Instead, it would be directly prohibited in certain areas,namely, in any front or side yard, and in any rear yard or other yard that is adjacent to a public street other than an alley. In addition, such furniture would be prohibited on uncovered porches located in or adjoining any of those yards. 1 ep em er , DATE: ITEM NUMBER: Under the Ordinance, the following exceptions would be established: (1) Furniture placed in an outdoor location in order to allow it to be moved during a move of the residents of the building or as part of a trash recycling program on a day scheduled for such moving or removal; (2) Furniture located in a yard other than a front yard that is not visible from ground level by a person located in a public right-of-way (excluding public alleys) unless the person takes extraordinary steps to view the furniture; and (3) Furniture temporarily placed out-of-doors in order that it be offered for sale at a yard or garage sale under certain specified conditions. I ORDINANCE NO. 128, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLE III OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE PROHIBITION OF THE USE OF INDOOR FURNITURE IN CERTAIN OUTDOOR LOCATIONS WHEREAS, by Ordinance No. 155, 1997, the City Council amended Section 20-41 of the City Code by changing the definition of"rubbish" to include upholstered furniture that is designed, manufactured and intended primarily for indoor use but is used or stored outdoors in any unroofed area, whether the upholstered furniture is actually discarded or not; and WHEREAS, Section 20-42(b) requires such rubbish to "accumulate" on a property in order for a nuisance to be declared; and WHEREAS,an individual item of upholstered furniture,standing alone,would arguably not constitute an "accumulation" of rubbish; and WHEREAS, the Council has determined that the Code should be amended to more specifically address the use of indoor furniture in outdoor locations and to ensure that an "accumulation"of outdoor furniture would not need to be proved in order to declare a nuisance; and WHEREAS, Council has further determined that the use of indoor furniture in outdoor locations is aesthetically offensive and also poses a clear and present danger to the health,safety and welfare of the inhabitants of the City, both because of the possible use of such furniture to fuel fires during the course of civil disturbances, and because of the increased risk of rodent and insect infestation presented when such furniture is exposed to the weather. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of"rubbish"contained in Section 20-41 of the Code of the City of Fort Collins be amended to read as follows: Sec. 20.41. Definitions. Rubbish shall mean nonputrescible solid wastes of a large size, including but not limited to large pieces of wood, large cardboard boxes or parts, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires,junked or abandoned motor vehicle bodies or parts, scrap metal, bedsprings, water heaters, discarded furniture and all other household goods or items,demolition materials,used lumber and other discarded or stored objects three(3)feet or more in length,width or breadth.As used Section 2. That a new definition of"yard' is hereby added to Section 20-41 of the Code of the City of Fort Collins to read as follows: Y4r4w$haltAieansthe opcn.Space bet�een.OWIdings andproperty lines at the front, rear�aisidoagraper : QBcoG} � tfiefro>t J?graha1tbecon5tderedto SP ? '�J � '"�sl�orte�� ght q -iw� "�here�ya�d's��be Section 3. That the Code of the City of Fort Collins is hereby amended by the addition of a new Section 20-42.5 to read as follows: 4T 3F i+TF tut �end # $� cusp t4rng } attatioti,. pbCatered chaitisKuphgtited,coucbes,said mattressas�'ifi anyoE'thCftYl�owing places<. (1) In;any front yard; (2) In any,side yard; (3) In aay dear.yard oth yard Opt;idjacent tq public street other than �. atttae5 n(+OT (4) Qaputicoverefpcocatedpt Adjoinnt p itf the yards'deserrt�ed t tngaing t e Y dceta N tO.be a nnisraneq and a menace m the MA MMM pP:a�' ` `St�ch:,�4�� n�! cit b'es�e��rtant gc4uft +lt�e�b}!.a person�tt�ated Qtt a4 pu�thc ngh�=4�'�ay(ex4lut�ng ppblic alleys}and that it has rrrtt yisi6le by,such a,persiR upless that person took extraordinary 2 otow to�4liieve a` � vant�x (3) Thin such furniture was temporailp placed in tltt;,lpcatioti in question in order that it be offered for sdeesiat a yard,:or.garage sale if each of the €ollaiwing condttottsextsts, tT ,haekeraa{this defense shall rtot ap171y if:ugholstered fumrtute tsoated iri an otitside location For more thari two daysJn4'1'1y'six manpeiod a; The furr%uturg"ts,locatetI J* t tttside _ F,only cutting Ye hours of 7:0U a:rir r°arid SIX}pain b The 1�f?u�t�nP uV _dRAefur tunes; thatp'p( inentjs outstds d #lie pc die' ; d gage , ? rrt2er}Co momto4te; e A signs;Cp r on or„. fi!r t nat ng that it s`for sale: Introduced and considered favorably on first reading and ordered published this 3rd day of September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk 3