McSherrystown Borough officials have approved banning the use of indoor furniture outdoors despite opposition from one council member, who called the measure unconstitutional.

The new regulations resemble a Gettysburg ordinance, and make it "unlawful to maintain any interior furniture outdoors or on porches."

The ordinance will go into effect in mid-December.

Councilman David Bolton was the lone of seven council members to vote against the ordinance, and he read lengthy statement into the minutes indicating his reasons.

Bolton said he believes problems arising from indoor furniture being left outside could be dealt with under the existing "junk storage" ordinance. That ordinance would allow borough officials to make a resident move something that has become an eyesore or endangers the health and welfare of the community, said Bolton.

But Bolton also said the ban is unconstitutional.

"It would be an infringement of residents' rights to tell them what furniture they can use or how our citizens can enjoy their possessions," said Bolton. "It would be an infringement of their civil rights."

Other borough council members responded that if someone uses overstuffed furniture outside it would be difficult to enforce the junk ordinance prior to it causing a significant health and safety risk for the entire neighborhood.

"If indoor furniture is kept outside it will eventually draw mice and rats," said Councilman Fred Walter.


"And that would be an infringement of your neighbors' rights."

Mayor Anthony Weaver agreed, adding that indoor furniture should be used only for the intended manufactured purpose.

"If you put an upholstered chair or sofa out on an open porch and it gets wet, naturally it's going to turn it into something that shouldn't be there," said Weaver. "This is a preventive ordinance, so we don't have to deal with that kind of problem."

Councilman Joseph VonSas said he agrees with Bolton that preserving responsible residents' rights is important, but it's alos important to uphold the rights of the entire community.

"One of the most important things he read was the words 'responsible owners,'" said VonSas. "Responsible owners would not be using furniture other than that was designed for exterior use. We are concerned about the irresponsible owners."

The new regulations will be added to the borough's existing nuisance ordinance amendment as per the suggestion of borough Solicitor Robert Campbell. Previously the council had considered adding the rules under the borough's solid-waste ordinance but Campbell told council that it would be easier to enforce as a subsection of the public nuisance ordinance.

The new ordinance amendment will go into effect in 30 days from the date of the borough council meeting held on Wednesday, Nov. 14, said Campbell.