HomeMy WebLinkAbout128 - 09/17/2002 - AMENDING THE CITY CODE CONCERNING THE PROHIBITION OF THE USE OF INDOOR FURNITURE IN CERTAIN OUTDOOR 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.
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:
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:
(1) That such furniture was moved to an outdoor location for immediate,
temporary use; provided, however, that this provision shall not apply to
furniture left overnight in any of the locations referenced in subsection(a)
above.
(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.
F
Mayor _ _-
ATTEST:
08 1,�-k� "
City Clerk
Passed and adopted on final reading this 17th day of September, A.D. 2002.
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S
Mayor
ATTEST:
City Clerk
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