Corona Municipal Code Ch. 12.18 Temporary Memorials on Public Property

The purpose of this chapter is to establish regulations regarding the acceptable contents and duration of temporary memorials on public property to help ensure safety while providing an avenue for people to memorialize or pay tribute to victims of tragic accidents.

(Ord. 3274 § 1, 2017)

For purposes of carrying out the intent of this chapter, the following words, phrases and terms shall have the meanings set forth herein, unless a different meaning is clearly intended by the use and context of the word, phrase or term.

(A) "Memorial display period" means 30 calendar days from the date on which the first item is placed at a temporary memorial.

(B) "Public property" means public parks, public streets, public alleyways, public trails, public access ways, public parking lots, public passageways, public rights-of-way, publicly owned landscaped areas or greenbelts, sidewalks, curbs, or other properties owned or controlled by the city.

(C) "Temporary memorial" means the placement, without a written agreement or other formal action approved by the Corona City Council for their permanent or long-term placement, of any type of materials on public property in memory of, or as a tribute to, a victim of a tragic event.

(Ord. 3274 § 1, 2017)

(A) Temporary memorials will be allowed to remain only for the memorial display period (as defined in § 12.18.020 of this code) and may be removed at any time thereafter by the city.

(B) All items placed at a temporary memorial that remain after the memorial display period shall be considered abandoned, shall immediately become the property of the city and may be removed and disposed of in any manner in the city's sole discretion.

(Ord. 3274 § 1, 2017)

(A) A temporary memorial shall not cause unsafe conditions for passing motorists, bicyclists or other pedestrians (as defined in Chapter 10.04 of this code).

(B) Unattended candles or other items with the potential for an open flame, as well as any glass items that can shatter, including, but not limited to, glass vases or glass containers, are prohibited as part of a temporary memorial.

(C) A temporary memorial shall not cause any type of damage to public property or any personal property located on public property, including, without limitation, trees, signs or traffic control devices.

(D) A temporary memorial shall otherwise comply with all other applicable laws.

(E) The city shall have the right to move, alter or rearrange a temporary memorial at any time if deemed necessary by the city to protect the public health, safety or welfare.

(F) Persons who place any item at a temporary memorial are unequivocally indicating that they do not intend to retain the item and that it may be discarded by the city. The city shall not be responsible for the loss or theft of any items placed at a temporary memorial.

(Ord. 3274 § 1, 2017)

Prior to the removal of a temporary memorial, but no later than five calendar days prior to the removal of the temporary memorial or the expiration of the memorial display period, whichever is later, the city shall post in a conspicuous place near the temporary memorial a notice reading substantially as follows:

"CITY OF CORONA

NOTICE OF INTENT

TO REMOVE AND DISCARD

TEMPORARY MEMORIAL

(CMC CHAPTER 12.18)

In order to provide an avenue to memorialize or pay tribute to victims of tragic accidents, while at the same time helping to protect the public health, safety and welfare of the community, temporary memorials are permitted on public property for up to 30 calendar days from the date on which the first item is placed. Thereafter, all items are considered abandoned, become the property of the City and may be removed and disposed of in any manner in the City's sole discretion.

Persons who place any item at a temporary memorial are unequivocally indicating that they do not intend to retain the item and that it may be discarded by the City. The City shall not be responsible for the loss or theft of any item placed at a temporary memorial.

NOTICE IS HEREBY GIVEN that on or after date ("Removal Date"), the City will remove and dispose of all items that comprise or are a part of this temporary memorial. Any person who wishes to recover any item that comprises or is a part of this temporary memorial should remove such item prior to the Removal Date. Items remaining after the Removal Date shall be considered abandoned, shall become the property of the City and may be removed and disposed of in any manner in the City's sole discretion."

The City Manager is authorized to approve revisions to this notice, so long as the notice remains consistent with the terms of this chapter.

(Ord. 3274 § 1, 2017)

(A) Notwithstanding anything to the contrary in this chapter, the following may be immediately removed and discarded by the city without notice or liability to any person or entity:

(1) Any item that comprises or is a part of a temporary memorial that does not comply with the standards set forth in this chapter;

(2) Any item deemed to be a threat to the public health, safety or welfare; and

(3) Displays, including all items that make up such displays, that do not meet the terms, definitions and conditions for a temporary memorial as provided for in this chapter.

(B) Whether any of these conditions have been met shall be determined by the City Manager or his or her designee in their sole discretion.

(Ord. 3274 § 1, 2017)