[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:
Property owned by the City of Berkeley. This policy does
not apply to property that is leased by the City.
A strip of land acquired by purchase, donation, reservation,
dedication, prescription, or condemnation and accepted by the City
Council for maintenance.
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.
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.
