It has been suggested by certain members of the Council that the "unsightly" presence of indoor furniture being used on porches and unenclosed patios in the Borough "might" create situations of unsanitary junk accumulation, and they worry "that sofas and chairs used outdoors could get wet and become foul smelling, or be a haven for bugs and vermin." McSherrystown could vote this month on banning sofas outdoors
In an effort to discourage the use of "indoor" furniture outside, these Council members are proposing an Amendment to the Solid Waste Ordinance (178) to specifically state that the Borough may fine anyone who does so. It was suggested that other local municipalities currently have text in their Ordinances banning such furniture. You can read that text and get a feel for what their citizens think from the following references:
York Bans Indoor Furniture Used Outside--FOX43
York’s great couch “epidemic”
York City passes ordinance to forbid indoor furniture outdoors
Gettysburg Borough Code, Page 10-4 §10-107. Unlawful to Maintain Interior Furniture On Porch.
Maintaining or causing to maintain upon any unenclosed porch, or exterior attachment,
furniture, other than furniture designed for exterior use, which is commonly intended
for use inside a dwelling, including but not limited to upholstered sofas, chairs, davenports, beds, divans and the like, shall constitute a nuisance.
(Ord. 6743, 4/3/1967; as added by Ord. 1211-98, 8/10/1998, §3; and as amended by Ord.
1333-07, 4/9/2007)
I have two specific issues with this proposed Amendment.
My first issue is that the Ordinance currently states, "It shall be unlawful for any person to accumulate or store any junked, abandoned or discarded vehicle, trailer, boat, appliance or household furnishing on private or public property within the Borough.", Chapter 178, Article I, Section 178-3 of the Code of the Borough of McSherrystown. Household furnishings are defined as "All items normally found and used in a home." under the definitions within said Chapter.
Chapter 178, Article I, Section 178-1 of the Code says that the accumulation of these items "creates a hazard and danger to the health and welfare of people of the Borough".
It also states that "Any person who shall violate any section of this article shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $1,000, and, in default thereof, to imprisonment for a term not to exceed 30 days.", Chapter 178, Article I, Section 178-4 of the Code of the Borough of McSherrystown.
I believe these two sections of the already-existing Code are sufficient to give the Borough authority to maintain cleanliness and aesthetic tranquility within our municipality, without Amendment. If these furnishings are maintained as to not create "a hazard and danger to the health and welfare of people of the Borough", then it is my deduction that it is the people's responsible right to choose and maintain those furnishings, regardless of their intended use or classification by the manufacturer. Should those furnishings become non-compliant with the current Ordinance, the Borough already has remedies and actions it can take to correct those situations.
This brings us to my second issue with this proposed Amendment.
I am of the mind that the infringement of a citizen's right to choose what furniture they use at their residence is not within the powers of this municipal body, nor any legislative or representative body, under the jurisdiction of the Constitution of the Commonwealth of Pennsylvania. If that furniture does not violate the above-referenced Ordinance and is in good condition, it is not for this Council to dictate how our citizens enjoy their possessions.
I will refer to Article I, Sections 1 and 26 of the Constitution of the Commonwealth of Pennsylvania (click here to read the full text of this document):
Inherent Rights of Mankind
Section 1.
All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
No Discrimination by Commonwealth and Its Political Subdivisions
Section 26.
Neither the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right.Being an Inherent Right, I believe that a citizens right of acquiring and possessing property and pursuing their own happiness with that property is a protected liberty under our Constitution. That right is currently reflected in our current Ordinance. By including the text of what specific furniture one may enjoy within the Commonwealth violates the very first section of our founding document. Including such restrictions also puts our Council in violation of Section 26, as I interpret the Inherent Rights explained under Section 1 to include and supersede the civil rights mentioned. If one cannot afford specifically designated "outdoor" furniture, and chooses to responsibly use other furnishings to enjoy their property, it is a direct discrimination against this demographic to ban their right to do so by legislation on any level of municipal government in Pennsylvania.
When I was sworn in as a Council member last December in the Gettysburg Courthouse, I vowed to defend the Constitution of the United States of America and the Commonwealth of Pennsylvania. The latter document tells us that we have certain inherent rights, among which are those of enjoying liberty. It is my purpose, and my honor, to defend that liberty for all those who have entrusted me with this position. The government is designed to serve the people, not to hamper their rights. I hope that I have clearly demonstrated why I will NOT be voting in favor of this Solid Waste Ordinance Amendment, or any such legislation that violates the rights of our citizenry under the founding laws of our land.
David "Scotty" Bolton
McSherrystown Borough Councilman and citizen.
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