HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/17/2002 - SECOND READING OF ORDINANCE NO. 128, 2002, AMENDIN I
AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: September 17, 2002
. FORT COLLINS CITY COUNCIL FROM: Steve Roy
John Fischbach
SUBJECT :
Second Reading of Ordinance No. 128, 2002, Amending Chapter 20, Article III of the City Code
Concerning the Prohibition of the Use of Indoor Furniture in Certain Outdoor Locations.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
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, which was unanimously
adopted on first reading on September 3,2002,establishes a different approach to prohibiting indoor
furniture in outdoor locations and would directly prohibit such furniture in yards and on uncovered
porches.
Pursuant to direction received from the Council on first reading, a new subsection has been added
on second reading to allow for the immediate, temporary use of upholstered furniture out-of-doors
as long as the furniture does not remain in the outdoor location overnight.
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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:
See. 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.
iSection 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:
Yard shall mean the open space between buildings and property lines at the front,
rear, and sides of a property. On a corner lot, the front yard shall be considered to
be the open space adjacent to the shorter street right-of-way. The rear yard shall be
considered to be the area located on the opposite side of the lot from the front yard.
The side yard shall be considered to extend the full length of a lot as if a line running
along the edge of a building was extended to intersect with the front and rear property
lines.
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:
Sec. 20-42.5. Outdoor furniture restriction.
(a) No person shall place, use, keep, store, or maintain any upholstered
furniture not manufactured for outdoor use,including,without limitation,upholstered
chairs, upholstered couches, and mattresses, in any of 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 other than
an alley; or
(4) On any uncovered porch located in or adjoining any of the yards described
in paragraphs (1) through (3) above.
(b) The foregoing is hereby declared to be a nuisance and a menace to the
health and safety of the inhabitants of the City.
(c) The following shall constitute specific defenses to any alleged violation of
this Section:
(2) That such furniture was placed in the location in question in order to allow
it to be moved during a move of a resident or residents of the premises or
has been removed as part of a trash or recycling program on a day
scheduled for such moving or removal.
(3) That such furniture was located in a yard other than a front yard and was
placed in such a manner that it could not be seen from ground level by a
person located on a public right-of-way(excluding public alleys) and that
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• it was not visible by such a person unless that person took extraordinary
steps such as climbing a ladder or peering over a screening fence in order
to achieve a point of vantage.
(4) That such furniture was temporarily placed in the location in question in
order that it be offered for sale at a yard or garage sale if each of the
following conditions exists,provided,however,that this defense shall not
apply if upholstered furniture is located in an outside location for more
than two (2) days in any six-month period:
a. The furniture is located in an outside location only during the hours
of 7:00 a.m. and 5:00 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.
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
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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
Concerning the Prohibition of the Use of Indoor Furniture in Certain Outdoor Locations.
RECOMMENDATION:
a:'
Staff recommends adoption ofte Ordi ce o PtRezding.��'s
EXECUTIVE SUMMARY:
The City Code presently prohibits the use of indoor furniture in certain outdoor locations. It does
so by including the use of in do rtu hos ti w1in the definition of "discarded
furniture"which, in turn,is par f the e ition bb "� accumulation of rubbish is subject
to removal by the City as a tk tsance der th ode. £phis Ordinance would establish a
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different approach to prohibitinn 'a&br cgitriTe i tdoor l bations 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
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". The th" do h e u f indoor furniture in outdoor
locations in aesthetically offe ve an o po an r t ealth, safety and welfare of the
inhabitants of the city, both ause of a pos 1 e of su furniture to fuel fires during the
course of civil disturbances a us e ' eased 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
ithe 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
j 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.
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September ,
DATE: ITEM NUMBER: 20
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 ut- tit a offered for sale at a yard or
garage sale under cert speci i con 'o
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