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HomeMy WebLinkAbout08694ORDINANCE NO. 8694 AN ORDINANCE ADOPTING A NEW CHAPTER 10 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE TO PROVIDE FOR REGULATIONS GOVERNING ROADSIDE MEMORIALS WHEREAS, the City of Pueblo is sensitive to the needs of citizens to express their grief and condolences when unfortunate tragedies occur; and WHEREAS, the City of Pueblo must maintain the public right-of-ways, parks, trails, easements, and other public property; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Chapter 10 of Title XII, Pueblo Municipal Code is hereby enacted and adopted to read as follows: CHAPTER 10 Roadside Memorials Sec. 12-10-1. Purpose. The purpose of this Chapter is to promote the public health, safety and welfare by establishing regulations governing roadside memorials. More specifically, this Chapter is intended to: (1) afford citizens a reasonable opportunity to express their grief and condolences when unfortunate tragedies occur; (2) enhance and protect the physical appearance of the City; (3) reduce clutter, distractions and confusion that may be contributing factors in traffic congestion and accidents and maintain a safe and orderly pedestrian and vehicular environment; and (4) allow the City to properly and safely maintain public right-of-ways, parks, trails, easements, and other public property. Sec. 12-10-2. Definitions. As used herein, Roadside Memorial shall mean a single item or collection of items, including but not limited to real or plastic flowers, crosses and other mementos, made of any material placed in or on public right-of-ways, parks, trails, easements, and other public property to mark the site where a person has suddenly and unexpectedly died and/or to commemorate a person. Sec. 12-10-3. Rules and regulations. (1) Roadside Memorials may not obstruct sight for traffic or pedestrians; obstruct any sidewalk or bike lane; be placed on any traffic control device or impede maintenance, including but not limited to mowing and snow removal, of any public right- of-ways, parks, trails, easements, or other public property; (2) Roadside Memorials may not be permanently affixed to the site. (3) Roadside Memorials may not be constructed from, contain, or include glass, including but not limited to picture frames, bottles, and candles. (4) All Roadside Memorials will be removed 45 days after the date of the incident giving rise to the memorial. Roadside Memorials removed by City staff from the location upon the expiration of the 45 days will be destroyed. The City of Pueblo will not keep or store any Roadside Memorials. Anyone wishing to keep, retain or preserve any Roadside Memorial, in whole or in part, must remove it prior to the expiration of the 45 days. (5) The City of Pueblo reserves the right to remove a Roadside Memorial prior to the expiration of 45 days, without notice of any kind, upon determination that the Roadside Memorial violates this Chapter or any other provision of the Pueblo Municipal Code, Pueblo City Charter or any federal or state laws or regulations. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective March 1, 2014. INTRODUCED: December 23, 2013 BY: Chris Nicoll Councilperson PASSED AND APPROVED: January 13, 2014 Background Paper for Proposed ORDINANCE DATE: December 23, 2013 AGENDA ITEM # R-4 DEPARTMENT: Planning and Community Development Jeff Bailey, Acting Director Parks and Recreation Department Steven Meier, Interim Director Public Works Department Earl Wilkinson, Director TITLE AN ORDINANCE ADOPTING A NEW CHAPTER 10 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE TO PROVIDE FOR REGULATIONS GOVERNING ROADSIDE MEMORIALS ISSUE Should the Pueblo Municipal Code be amended to enact new regulations governing roadside memorials? RECOMMENDATION Approve the Ordinance. BACKGROUND Roadside memorials are becoming increasingly popular for the expression of grief and condolences when unfortunate tragedies occur. Generally, once erected, roadside memorials are not maintained. Weather and time deteriorate the memorials resulting in trash and debris. In addition, roadside memorials obstruct maintenance, such as mowing and snow removal, of the City’s right-of-ways, trails, parks and other property. Roadside memorials left for more than forty-five (45) days create hazards to pedestrians and vehicular traffic. Regulation is necessary to prevent these problems. In order to allow notice to Pueblo residents of this new ordinance, the ordinance shall not go into effect until March 1, 2014. FINANCIAL IMPACT None.