BACKGROUND
Temporary memorials occasionally pop up around the city on streetscapes, sidewalks, or corners following tragic fatalities. These memorials allow family members and others close to the victim(s) to grieve and share their condolences. Sometimes these memorials remain for an indefinite amount of time and may cause a public safety issue depending on the size and/contents of the memorial. Additionally, depending on their location, memorials can prevent city staff or contractors from performing regular maintenance and upkeep of city property. The City does not currently have an ordinance in place to regulate these memorials, including reviewing for safety, establishing acceptable duration and contents, and ensuring its safe removal, storage, or disposal. Staff acknowledges the importance of affording citizens a reasonable opportunity to express their grief and condolences when tragedies occur, while also properly and safely maintaining public property and reduce hazards to the general public, city personnel, and public property. Some of the notable sections of the proposed Ordinance are summarized herein for convenience.
Duration of temporary memorials – Section 13.14.030 of the proposed Ordinance would establish that temporary memorials can remain on public property for no more than forty-five (45) calendar days from the date on which the incident that gave rise to the temporary memorial occurred.
Physical restrictions – Section 13.14.040 of the proposed Ordinance would establish the physical restrictions of the memorial to be no more than thirty (30) inches in height, two (2) feet in width, and one (1) foot in depth.
Unauthorized or unsafe displays - Section 13.14.050 of the proposed Ordinance would establish the standards for the content of any memorial and identifies the eight (8) situations in which the city may immediately remove and dispose of a memorial, prior to the expiration of the 45-day period. This includes temporary memorials that pose a distraction to motorists or obstructs sight lines, have flammable material, interfere with routine maintenance activities of the city, cause damage to public property, emit music or amplified sound, contain glass or items containing the potential for an open flame, or include any drugs and alcohol or contain vulgar or obscene language or images.
Abandoned property – Section 13.14.060 of the proposed Ordinance would establish that items placed at the temporary memorial after the 45-day period shall be considered abandoned and that the city may remove and dispose of the contents. All nonperishable items will be placed for storage at the city’s Corporation Yard under the direction and supervision of the Parks, Recreation & Libraries Department and that items not claimed within thirty (30) calendar days may be discarded.
Posted notice prior to removal – Section 13.14.070 of the proposed Ordinance would establish the process in which the city will provide notice of its intent to remove the temporary memorial. The city shall post a notice in a conspicuous place near the temporary memorial no later than five (5) calendar days prior to removal of the temporary memorial or the expiration of the 45-day period, whichever is later.
The proposed Ordinance is intended to give the city, as well as the public, a clear and consistence process for regulating temporary memorials and ensuring public safety.