Elk Grove Municipal Code Art. XIX Temporary Roadside Memorials on Public Property and Rights-of-Way

The purpose of this policy is to establish the City’s policy regarding the acceptable duration of ad hoc memorials on public property and rights-of-way (hereinafter “roadside memorials”) and to provide standards for City staff in maintaining City property and the public right-of-way when any such roadside memorials are present.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The City Council hereby finds as follows:

A. Persons who leave roadside memorials do so to express their respect and sympathy for victims of tragic incidents and intend for such memorials to be left in place for a short period of time.

B. Roadside memorials generally consist of items which either expire, such as flowers or plants, or which are composed of materials, such as cardboard or cotton, which are perishable. Memorials also consist of items which are not adequately secured and which may shift from their place of placement. Roadside memorials create safety hazards and distractions for the motoring public and pedestrians. Roadside memorials hinder proper maintenance of the public right-of-way.

C. Because of the temporary nature of the memorials, it is expressly found that after a reasonably short period of time the person or persons who leave roadside memorials have intentionally abandoned the items.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

All items that comprise a roadside memorial and which remain in the City right-of-way or other City-owned property for a period longer than thirty (30) days shall be removed and stored for a period of time. Items that pose a safety hazard and/or a distraction for the motoring public may be removed immediately at the discretion of the City Manager, or the Manager’s designee.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

A. Upon removal of items that comprised a roadside memorial, all nonperishable items will be placed in clean containers appropriate for storage. Perishable items, including, but not limited to, food and flowers, will be discarded.

B. Contents of roadside memorials will be stored at the City’s Corporation Yard under the direction and supervision of the Public Works Department. Items collected by the City will be released to family member(s) of the roadside memorial honoree upon written request. Collected materials will be discarded by the City if not claimed within six (6) months of storage.

C. Prior to the removal of any roadside memorial items from the City’s right-of-way, except items that pose a safety hazard and/or a distraction for the motoring public, City staff will notify via telephone or electronic communication the following persons or departments:

1. Receptionists for Administration, Police Department, Community Development Department, and the Corporation Yard;

2. City Manager, or designee;

3. Chief of Police, or designee;

4. Executive Administrative Assistant to the City Manager; and

5. Code Enforcement Division.

For those items that have been immediately removed because it has been determined that they pose a safety hazard and/or a distraction for the motoring public, City staff will notify via telephone or electronic communication the above persons or departments as soon after removal of the items as reasonably practicable.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

The City Manager may adopt administrative policies to facilitate the implementation of this article.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)