Tracy Municipal Code Ch. 3.56 Temporary Memorials

The purpose of this chapter is to promote 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 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. No. 1374, § 2, 12-16-2025)

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

"City" means the City of Tracy, California.

"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 material, in memory of, or as a tribute to, a victim of a tragic event.

(Ord. No. 1374, § 2, 12-16-2025)

Any temporary memorial placed on public property shall be allowed to remain no more than forty-five (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. No. 1374, § 2, 12-16-2025)

Nothing contained in this chapter shall be construed to exempt any person from complying with the provisions of any other applicable law, ordinance, rule or regulation or to exempt a temporary memorial or any similar collection of items, from the requirements under any zoning, nuisance, licensing, or other building ordinances, rules or regulations.

(Ord. No. 1374, § 2, 12-16-2025)

A temporary memorial shall be no more than thirty (30) inches in height, measured from the paved surface, two (2) feet in width, measured along the roadway or sidewalk, and one foot in depth, measured perpendicular to the roadway or sidewalk.

(Ord. No. 1374, § 2, 12-16-2025)

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

(a) Temporary memorials shall not create hazards to the public, city personnel, or others. This includes but is not limited to, posing a distraction to motorists; obstructing sight lines for motorists or pedestrians; or obstructing 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 or hazardous materials.

(c) Temporary memorials shall not interfere with routine maintenance activities of the city, such as landscaping, mowing, irrigation, painting, tree removal, or related activities. Temporary memorials shall not be allowed in any permitted construction or maintenance work zone, or in any area where the city has granted an easement to a public utility company.

(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 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 perishable food, drugs or alcohol, nor contain vulgar or obscene language or images.

(Ord. No. 1374, § 2, 12-16-2025)

(a) All items placed at a temporary memorial that remain after the aforementioned forty-five (45) day period shall be considered abandoned, shall immediately become the property of the City, and such items may be removed and disposed of in any manner at 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 with the Tracy Police Department. Items collected by the city will be released to family members of the temporary memorial honoree upon written request. All items will be discarded by the city if not claimed within thirty (30) calendar days of storage.

(Ord. No. 1374, § 2, 12-16-2025)

Prior to the removal of a temporary memorial, but no later than five calendar days before the removal of the temporary memorial or the expiration of the forty-five (45) day period, whichever is later, the City shall post in a conspicuous place near the temporary memorial a notice reading substantially as follows:

CITY OF TRACY

NOTICE OF INTENT TO

REMOVE AND DISCARD TEMPORARY MEMORIAL

(T.M.C. Chapter 3.56)

In order to provide an avenue to memorialize or pay tribute to victims of tragic accidents or loss of life, 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 forty-five (45) calendar days from the date on which the incident occurred that gave rise to the temporary memorial, or the date on which the City received notice, whichever is later. Thereafter, all items are considered abandoned, become the property of the City, and may be removed and disposed of in any manner at 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 ________ ("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 property, shall become the property of the City of Tracy, and may be removed and disposed of in any manner at the City's sole discretion.

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

(Ord. No. 1374, § 2, 12-16-2025)

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

(Ord. No. 1374, § 2, 12-16-2025)

Violations of any provision of this chapter may be enforced by any one or more of the following methods:

(a) Administrative citations and penalties pursuant to Chapter 1.28—Administrative Citations and Penalties of this Code;

(b) Criminal penalties pursuant to Chapter 1.04—Penalty Provisions of this Code; or

(c) Any other lawful authority.

(Ord. No. 1374, § 2, 12-16-2025)

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. No. 1374, § 2, 12-16-2025)