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HomeMy WebLinkAboutPW Roadside Memorial Policy____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 06/23/2025 Disposition: Resolution 15437 Agenda Item No: 7.c Meeting Date: June 23, 2025 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Department of Public Works Prepared by: Bernadette Sullivan, Senior Management Analyst City Manager Approval: ______________ TOPIC: ROADSIDE MEMORIAL POLICY SUBJECT: RESOLUTION APPROVING A ROADSIDE MEMORIAL POLICY TO ESTABLISH PROCEDURES FOR HANDLING MEMORIALS PLACED WITHIN THE CITY OF SAN RAFAEL RIGHT-OF-WAY RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the Roadside Memorial Policy. BACKGROUND: Loss of a family member to a traffic collision or other fatal incident are traumatizing and have a significant emotional impact on the people that loved that person. Many grieving individuals place roadside memorials at the site of the incident to honor their loved ones. However, sometimes memorials can inadvertently create public safety hazards, obstruct pedestrian pathways, and interfere with traffic. Staff recommends adopting a Roadside Memorial Policy to provide guidelines for the placement and duration of memorials while maintaining public safety and accessibility. The City of San Rafael currently does not have a formal policy for roadside memorials, making it necessary to establish clear regulations that prioritize public safety while offering a framework for managing temporary memorials. Many cities across California have faced similar challenges in balancing the need to honor public mourning with ensuring the safety of roadways and pedestrian pathways. While there are no statewide regulations for roadside memorials, Caltrans generally removes them from state highways due to safety concerns and has alternatively developed a Victims Memorial Sign Program in lieu of homemade memorials. In reviewing policies from other municipalities, staff identified common themes, including registration requirements, size limitations, time restrictions, and safety provisions. ANALYSIS: Roadside memorials serve as a meaningful way for families to honor loved ones. However, their placement along roadways raises concerns regarding public safety, accessibility, and long-term maintenance. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Unregulated roadside memorials can pose significant safety risks. Objects placed near roadways may obstruct sightlines, distract drivers, or create hazardous conditions for pedestrians. Additionally, they may interfere with essential infrastructure such as sidewalks, traffic signals, and drainage systems. Without clear guidelines, these memorials can also become long-term fixtures, complicating maintenance efforts and emergency response access. Cities are mandated to enforce the Americans with Disabilities Act (ADA) by ensuring that public pathways, sidewalks, and roadways remain clear of obstructions, including roadside memorials, to provide safe and accessible routes for all community members, particularly individuals with disabilities. According to the U.S. Access Board Public Right-of-Way Accessibility Guidelines, accessible routes must have a continuous clear width of 48 inches minimum, exclusive of the width of any curb and be free from obstructions. Roadside memorials, while deeply meaningful, can sometimes be unstable and deteriorate over time due to exposure to the elements. In extreme weather conditions, unsecured items such as flowers and decorations can be blown away, creating debris that may enter roadways or waterways, posing environmental and safety concerns. Over time, non-biodegradable materials can contribute to litter and pollution, impacting local ecosystems. To understand best practices, staff reviewed policies from various California municipalities, many of which limit the duration of roadside memorials or provide alternative means for permanent commemoration. Sample Comparison of Roadside Memorial Policies in California City/State Duration Allowed Policy Details Novato, CA 30 days The City of Novato allows roadside memorials to be placed for up to 30 days following the incident. Memorials must be registered, and specific guidelines are provided regarding size, placement, and materials to ensure public safety and accessibility. Roseville, CA 45 days The City of Roseville's proposed ordinance regulates temporary memorials in public spaces, allowing them to remain for up to 45 days while ensuring public safety and proper maintenance of City property. It establishes size restrictions, prohibits hazardous materials, and outlines conditions for immediate removal if a memorial poses a safety risk or obstruction. San Mateo County, CA 30 days (+ one week upon approval) The County of San Mateo allows memorials in the public right-of-way to remain for 30 days, provided they do not pose safety hazards or obstruct access. After this period, staff will remove the memorial unless the family is contacted and granted an additional week to remove it themselves. If the family does not remove it or cannot be reached, staff will proceed with disposal. Paso Robles, CA 2 years The City of Paso Robles does not allow homemade roadside memorials but allows approved roadside memorial signs for traffic fatalities on City streets, with applications accepted from immediate family members. Memorial signs, designed and installed by the City of Paso Robles, cost $285, remain in place for two years, and must be placed in safe locations, avoiding construction zones and requiring property owner approval in residential areas. Non-standard memorials, such as flowers or balloons, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 are not permitted in street rights-of-way and may be removed if they pose a traffic hazard. Proposed Roadside Memorial Policy: The draft Roadside Memorial Policy “draft policy” is designed to provide a structured and compassionate approach to managing roadside memorials while upholding the City's responsibility to ensure public safety, accessibility, and orderly public spaces. The draft policy establishes a time limitation of 30 days. This aligns with best practices from other municipalities and ensures that families have an opportunity to place temporary memorials in a place of importance while long-term safety and maintenance concerns are mitigated, and long-term upkeep will not be required. Beyond physical limitations, the draft policy incorporates safety considerations by prohibiting hazardous materials such as glass, sharp objects, and unattended candles, which could pose risks to pedestrians and road users. The draft policy also prioritizes ADA compliance, ensuring that memorials do not obstruct sidewalks, curb ramps, or other accessible pathways, thereby protecting the rights of individuals with disabilities to move safely through public spaces. The draft policy allows the City to remove any memorial that is improperly placed, poses a safety concern, negatively impacts traffic or pedestrians, interferes with routine maintenance, falls into disrepair, or is left in place for more than 30 days. When a memorial is to be removed, it is proposed that the City will attempt to contact the person responsible for placing the memorial to identify where and when the contents may be retrieved. Staff are committed to handling memorial items with care and respect as they are removed. However, the City cannot take responsibility for any lost or damaged items left in the public right of way or on public property. Roadside Memorial Policy Regulations and Requirements: • Placement and Registration: o Memorials can be placed as close as possible to the incident site while avoiding obstructions to pedestrian pathways and infrastructure. o Applicants must fill out an application to establish the memorial with the City. • Size and Safety Regulations: o Size Limits:  Height: 24 inches (measured from the ground surface)  Width: 24 inches (measured along the roadway)  Depth: 6 inches (measured perpendicular to the roadway) o Prohibited Items:  Unattended candles, glass, sharp objects, or other hazardous materials as determined by the Public Works Director.  Any prohibited items will be removed immediately by the City.  Items removed will be stored for 60 days to allow time for the family to collect them. o Noise Restrictions:  Music, loud noise, or sound-producing devices are not permitted at roadside memorials. o Accessibility Compliance: • Time Limitation and Removal: o Memorials are allowed for up to 30 days from the date of establishment with the City to provide families with temporary space for public grieving while mitigating long-term safety and maintenance concerns. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Memorials exceeding the permitted timeframe, interfering with maintenance, or posing safety concerns will be removed following notification to the responsible family member(s). Removed items will be stored for 60 days to allow the family time to collect them. Alternative Memorial Options: The draft policy also encourages grieving parties who wish to place a memorial to consider the City’s Commemorative Bench and Picnic Table Sponsorship Program as an alternative for families seeking a more permanent, lasting tribute. This program provides a safe, designated space for remembrance while contributing to the beautification and accessibility of public areas. FISCAL IMPACT: The fiscal impact of adopting and implementing this policy is expected to be limited to the cost of a few hours of staff time per year as needed to accept applications, remove any memorials, and contact the responsible family members to retrieve personal items after the 30-day memorial period. OPTIONS: The City Council has the following options to consider on this matter: 1.Adopt the resolution as presented. 2.Adopt the resolution with modifications. 3.Decline to adopt the resolution. 4.Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the resolution approving the Roadside Memorial Policy. ATTACHMENTS: 1. Resolution 2.Draft Policy (Exhibit A) 3.Draft Application Form RESOLUTION NO. 15437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AROADSIDE MEMORIAL POLICY TO ESTABLISH PROCEDURES FOR HANDLING MEMORIALS PLACED WITHIN THE CITY OF SAN RAFAEL RIGHT OF-WAY WHEREAS, the City Council of the City of San Rafael acknowledges the deep sorrow and grief experienced by families and friends who have lost loved ones due to traffic collisions or other fatal incidents; and WHEREAS, roadside memorials are often placed at or near the location of such incidents as a means of honoring and commemorating the lives of the deceased; and WHEREAS, while the City respects the importance of these memorials, their placement within the public right-of-way may, if not properly regulated, present safety concerns for motorists, pedestrians, and other roadway users by obstructing sightlines, impeding access, or creating potential traffic hazards; and WHEREAS, the City Council seeks to establish a compassionate yet structured framework for the temporary placement of roadside memorials that balance the right of individuals to mourn their loved ones with the City's responsibility to maintain safe and accessible public spaces; and WHEREAS, the proposed Roadside Memorial Policy sets forth guidelines governing the permissible size, location, duration, and registration process for such memorials, while also outlining procedures for their removal when necessary. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves the Roadside Memorial Policy, attached hereto as Exhibit A. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a special meeting of the City Council of the City of San Rafael, held on Monday 23rd day of June 2025, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Llorens Gulati _____________________ Lindsay Lara, City Clerk City of San Rafael Roadside Memorial Policy Purpose The City of San Rafael recognizes the emotional significance of roadside memorials in the public right of way and seeks to provide a compassionate approach to their management while upholding public safety, accessibility, and the orderly use of public spaces. This policy establishes clear guidelines for the placement, maintenance, and removal of roadside memorials to ensure they do not pose safety risks or interfere with public infrastructure. Policy Overview This policy allows for the temporary placement of roadside memorials for up to 30 days from the date of establishment with the City. The City reserves the right to remove any memorial that: • Exceeds the 30-day timeframe. • Is improperly placed or obstructs public pathways. • Poses safety concerns for pedestrians or traffic. • Falls into disrepair. • Interferes with routine maintenance. When a memorial is to be removed, the City will make reasonable efforts to contact the responsible party for retrieval of memorial items. The City will store the items for 60 days to allow family members to retrieve the items. While staff will handle items with care and respect, the City is not responsible for lost or damaged items left in the public right-of-way or on public property. I. Regulations and Requirements • Memorials must be placed as close as possible to the incident site while ensuring they do not obstruct pedestrian pathways, roadways, or public infrastructure. • If a memorial encroaches on private property, written permission from the property owner must be obtained. • Families must submit a Roadside Memorial Establishment Form to register the memorial with the City. Applications can be accessed and submitted through the City's website or in person to the Department of Public Works. • There is no charge for the registration of a roadside memorial. II. Process • The registrant must complete and submit a Roadside Memorial Establishment Form to the Public Works Department. • Roadside memorials will remain in place for up to 30 days from the date of installation, at which time the registration will expire. • The registrant or the family of the victim shall remove the memorial at the end of the 30-day period. • The registrant is responsible for the fabrication of the memorial, and it must conform to all City requirements. III. Size and Safety Regulations Size Limits: • Height: 24 inches (measured from the ground surface). • Width: 24 inches (measured along the roadway). • Depth: 6 inches (measured perpendicular to the roadway). Prohibited Items: • Unattended candles, glass, sharp objects, or any other hazardous materials as determined by the Public Works Director. • Prohibited items will be removed immediately by the City. Noise Restrictions: • Music, loud noise, or sound-producing devices are not permitted at roadside memorials. Accessibility Compliance: Memorials must not obstruct sidewalks, curb ramps, or other accessible pathways to ensure compliance with the Americans with Disabilities Act (ADA). IV. Responsibility The Public Works Department will manage all Roadside Memorial requests. In addition, Public Works staff, in collaboration with the Police Department, will monitor the site to ensure all physical and safety guidelines are being adhered to. V. Alternative Memorial Options • To provide families with a lasting tribute in a designated space, the City encourages participation in the Bench and Picnic Table Sponsorship Program. This program offers an alternative memorial option while contributing to the beautification and accessibility of public areas. VI. Definitions • Roadside Memorial: A roadside memorial is the placement of materials on a City sidewalk, roadway, or right-of-way as a tribute that commemorates a person who has died. Deaths of animals or pets would not be eligible. VII. Forms • Roadside Memorial Establishment Form VIII. Contact Information For questions regarding this policy or to submit a memorial request form, please contact the Public Works Department. Applications can also be submitted online through the City's website or in person at 111 Morphew St, San Rafael, CA 94901. CITY OF SAN RAFAEL ROADSIDE MEMORIAL APPLICATION FORM Applicant Information: • Applicant Name: ________________________________________ • Address: ______________________________________________ • Phone: ________________________________________________ • Email: ________________________________________________ Memorial Details: • Proposed Memorial Location: ___________________________ • Description of Memorial Items: _________________________ Terms & Conditions: • I understand and acknowledge that roadside memorials are temporary and may remain in place for up to 30 days from the date of the installation, at which time the registration will expire. • I agree to ensure that the memorial complies with all City regulations regarding size, safety, and accessibility. • I agree to take responsibility for the fabrication and removal of the memorial. • I understand that the City reserves the right to remove memorials that pose a hazard, violate policy guidelines, or exceed the permitted timeframe. • I acknowledge that any unauthorized items may be removed. o When a memorial item is removed, the City will attempt to contact the person responsible for placing the memorial to identify where and when the contents may be retrieved. (The City will store removed items for up to 60 days) I have read and agree to comply with the City of San Rafael’s roadside memorial policy. Signature of Applicant: ____________________________ Date: ____________________________ Submit this completed form to the City of San Rafael Public Works Department for approval at 111 Morphew St, San Rafael, CA 94901, OR by filling out a form online at https://www.cityofsanrafael.org/departments/publicworks/.