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HomeMy WebLinkAboutCC Resolution 15437 (Roadside Memorial Policy)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/.