Roseville Municipal Code Ch. 13.14 Temporary Memorials

The purpose of this chapter is to promote the public health, safety, and welfare by regulating temporary memorials on public property. Specifically, this chapter is intended to:

A. Afford citizens a reasonable opportunity to express their grief and condolences when tragedies occur;

B. Establish the acceptable duration and contents of temporary memorials;

C. Reduce hazards to the general public, city personnel, and public property;

D. Enhance and protect the physical appearance of the city; and

E. Allow the city to properly and safely maintain public rights-of-way, streets, sidewalks, easements or other areas of thoroughfare, parks, trails, and other public property.

(Ord. 6874, 9/18/2024)

For purposes of this chapter, the following words shall have the meanings set forth in this section:

"Public property"

means any public street, right-of-way, sidewalk, curb, easement or thoroughfare, alleyway, parking lot or parking garage, park, trail, open space, or other property owned or controlled by the city.

"Temporary memorial"

means the placement, at or near the site of a tragic event, of a single item or collection of items, including, but not limited to, real or plastic flowers, crosses, or other mementos made of any materials, in memory of, or as a tribute to, a victim of a tragic event.

(Ord. 6874, 9/18/2024)

Any temporary memorial placed on public property shall be allowed to remain for no more than 45 days from the date on which the incident giving rise to the temporary memorial occurred. The city shall have the sole discretion to remove the temporary memorial at any time thereafter.

(Ord. 6874, 9/18/2024)

A temporary memorial shall be no more than 30 inches in height, measured from the paved surface, two feet in width, measured along the roadway or sidewalk, and one foot in depth, measured perpendicular to the roadway or sidewalk.

(Ord. 6874, 9/18/2024)

The city reserves the right to immediately remove and dispose of a temporary memorial prior to the expiration of the 45-day period, without notice of any kind or liability to any person or entity, upon a determination that a temporary memorial violates any of the following standards:

A. Temporary memorials shall not create hazards to the general public, city personnel, or others, including, but not limited to, pose a distraction to motorists; obstruct sight lines for motorists or pedestrians, including in the Clear Vision Triangle (See Chapter 19.95, Definitions); or obstruct the free movement of motorists or pedestrians on any public street, sidewalk, or bike lane.

B. Temporary memorials shall not threaten the surrounding property, including, but not limited to, by having flammable material.

C. Temporary memorials shall not interfere with routine maintenance activities of the city, such as landscaping, mowing, irrigation, painting, tree removal, or related activities. Memorials shall not be allowed in any permitted construction or maintenance work zone.

D. Temporary memorials 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.

E. Temporary memorials shall not emit music and/or amplified sound.

F. Temporary memorials shall not damage or deface public property or be permanently affixed to the site.

G. Temporary memorials shall not be constructed from, contain, or include any glass items, including, but not limited to, picture frames, bottles, and candles, or any other item with or containing the potential for, an open flame.

H. Temporary memorials shall not include any drugs or alcohol, or contain vulgar or obscene language or images.

(Ord. 6874, 9/18/2024)

A. All items placed at a temporary memorial that remain after the 45-day 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.

B. All perishable items, including, but not limited to, food and flowers, shall be discarded. All nonperishable items will be placed for storage at the city's corporation yard under the direction and supervision of the parks, recreation and libraries department. Items collected by the city will be released to family member(s) of the temporary memorial honoree upon written request. All items will be discarded by the city if not claimed within 30 calendar days of storage.

(Ord. 6874, 9/18/2024)

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 45-day period, whichever is later, the city shall post in a conspicuous place near the temporary memorial a notice reading substantially as follows:

(Ord. 6874, 9/18/2024)

Temporary memorials are prohibited on private property without the consent of the property owner.

(Ord. 6874, 9/18/2024)

Violation of any provision of this chapter may be charged as an administrative citation, infraction, or misdemeanor, at the discretion of the city attorney.

(Ord. 6874, 9/18/2024)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. 6874, 9/18/2024)