City of Berkeley, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 4218 §1, 5-18-2015]
The purpose of this Article is to establish a policy that provides guidance for the treatment and removal of unauthorized memorials on City of Berkeley property, including rights-of-way.
[Ord. No. 4218 §1, 5-18-2015]
The City of Berkeley is responsible for managing public property and rights-of-way in such a manner that public use and/or safety are preserved. Unauthorized memorials placed in City rights-of-way or on City property will be managed consistent with the provisions of this policy.
[Ord. No. 4218 §1, 5-18-2015]
As used in this Article, the following terms shall have the meanings indicated:
CITY PROPERTY
Property owned by the City of Berkeley. This policy does not apply to property that is leased by the City.
CITY RIGHT-OF-WAY
A strip of land acquired by purchase, donation, reservation, dedication, prescription, or condemnation and accepted by the City Council for maintenance.
MEMORIAL
A marker (including associated flowers, notes and personal mementos other than a grave marker) which honors the site where a person died suddenly and/or unexpectedly, or where a similar tragedy or event is commemorated. Regulations for memorials that honor a deceased person and are authorized by the appropriate managing authority are not included in this policy.
NUISANCE
Something that is unpleasant, causing trouble, annoying or bothersome.
[Ord. No. 4218 §1, 5-18-2015]
A. 
No memorial shall be permitted without first making application and obtaining approval from the Building Commissioner. The maintenance of the memorial shall be the sole responsibility of the applicant.
B. 
When a memorial that is placed on City property or right-of-way is reported to City staff as a nuisance, City staff will inspect the site to determine if the memorial interferes with public use and/or safety.
C. 
If City staff determines that the reported memorial placed on City property or right-of-way does not interfere with public use and/or safety, City staff will allow the memorial to remain in its current location for up to twenty (20) days from the date it was brought to the City's attention. City staff will make an attempt to notify the individual(s) who placed the memorial, if identifying information can be found, allowing them the opportunity to remove the memorial at the end of the twenty (20) days to retain their personal items and mementos.
D. 
If City staff determines that the reported memorial, placed on City property or right-of-way, does interfere with public use and/or safety, City staff will make an attempt to notify the individual(s) who placed the memorial, if identifying information can be found, allowing them the opportunity to remove the memorial to retain their personal items and mementos. If City staff cannot identify the individual(s) who placed the memorial, City staff has the authority to remove the roadside memorial immediately.
E. 
In the event that the individual(s) who placed the memorials are not able to be identified at the time the memorial is removed, the Department of Public Works will store the materials for forty-eight (48) hours, after which the items will be disposed of if they have gone unclaimed.
F. 
The Director of Public Works and/or the Director of Parks and Recreation have the authority to implement this policy, and their decision in matters of memorial treatment and removal shall be considered final.
[Ord. No. 4218 §1, 5-18-2015]
The Department of Public Works is responsible for implementing this policy where it applies to City rights-of-way and public property, except parks and recreation centers. The Department of Parks and Recreation is responsible for implementing this policy where it applies to City parks and recreation centers.