HomeMy WebLinkAboutORD 2808BILL NO. 26
ORDINANCE NO. 2808
AN ORDINANCE OF THE CALDWELL CITY COUNCIL, ENACTING A NEW
CHAPTER 9, ARTICLE 19 OF THE CALDWELL CITY CODE, TO BE ENTITLED
"ROADSIDE MEMORIALS," SECTIONS 9 -19 -1 THROUGH 9 -19 -13 INCLUSIVE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF
IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon,
State of Idaho:
Section 1. That a new Chapter 9, Article 19 of the Caldwell City Code, to be entitled "Roadside
Memorials," is hereby enacted, passed and adopted, composed of Sections 9 -19 -1 through 9 -19-
13 inclusive, as follows:
09 -19 -1: SHORT TITLE:
This Article shall be know and may be referred to as the CALDWELL
ROADSIDE MEMORIAL ORDINANCE.
09 -19 -3: PURPOSE:
Consistent with the purpose and spirit of Idaho Code § 49 -1316 as pertains to
state highways, the Purpose of this article is to provide for the establishment and
implementation of rules and regulations for roadside memorials within the City of
Caldwell, and, to the extent permitted by law, in the area of city impact of said city.
09 -19 -5: AUTHORITY:
This article is adopted pursuant to Idaho Code Title 50, Chapter 3, including,
without limitation, sections 50 -301, 50 -313 and 50 -314.
09 -19 -7: DEFINITIONS:
For purposes of this article, the phrase "roadside memorial" shall refer to the
following:
ROADSIDE: The area designated as "right of way" of any incorporated
street, road, or highway within Caldwell city limits.
MEMORIAL: Any object placed or erected at the site of a fatal vehicle
collision as a remembrance of persons who died as a result of that collision.
ORDINANCE NO. 2808, Page— I
09 -19 -9: REQUIREMENTS:
A. Relatives or friends of a person or persons killed in a traffic accident upon a
City right -of -way may install, maintain or remove a memorial within the City's right of
way, subject to the requirements and conditions set forth below:
I. WRITTEN APPROVAL FROM NEXT OF KILT. Written
approval from the decedent's next of kin, who are related by blood, marriage or
adoption, unless no such kin exist, must be obtained before the memorial is placed
upon a City right -of -way;
2. WRITTEN APPROVAL FROM PROPERTY OWNERS. Written
approval from all adjacent property owners must be obtained before the memorial
is placed upon a City right -of -way;
3. TWO YEAR LIMITATION. The memorial may remain in place
for a period of time not to exceed two years from the date of the traffic collision;
4. MAINTENANCE AND REMOVAL. The erector of the
monument must assure it remains in good condition and does not become a
hazard to motor vehicle or pedestrian traffic. It is the responsibility of the erector
to remove the memorial at the end of the two year period following the traffic
accident it was intended to memorialize. If the memorial remains upon a City
right -of -way more than two years following said traffic accident, it shall be
deemed abandoned. At such time, the City shall have the right, but not the
obligation, to remove the memorial and dispose of it, without regard to the rights
or desires of any party;
5. SAFETY. Those participating in the installation, maintenance or
removal of the memorial shall park their vehicles as far as practical from the
travel lanes of the right -of -way where there is adequate sight distance on the
right -of -way in both directions. Participants should wear property safety attire
and obey all safety procedures approved by the Idaho Transportation Department
at the time of the activity. A high degree of safety of safety must be maintained
for the traveling public and the participants during the installation, maintenance
and removal of the memorial.
6. RIGHTS OF FAMILY. Immediate family members of a person or
persons killed in a traffic accident for which a memorial has been erected may
remove the memorial at any time;
7. SIZE AND LOCATION LIMITATIONS. The memorial must be
no more than thirty -six (36 ") inches high, as measured from the ground level to
the highest point, nor more than twenty -four (24 ") wide. The memorial must be
erected as near as practical to the site of the collision, and as far as practical from
the edge of the roadway and as far from the roadway shoulder as City right -of-
ORDINANCE NO. 2808, Page — 2
way width permits. Placement of memorials in the median of any City right -of-
way is prohibited. The person installing the memorial shall be solely responsible
for contacting a utility locating service to identify the location of any utilities in
the area prior to placement of the memorial (See call - before - you -dig requirements
in Sections 55 -2201 through 55 -2210 of Idaho Code);
8. SHAPE AND COLOR. Memorials shall not be shaped or colored
to portray, resemble or conflict with any traffic control device. Memorials shall
not be reflectorized.
9. AFFIXATION AND ADORNMENT. Memorials shall not be
permanently affixed to the surface of the City right -of -way. No items of
adornment shall be placed on or near a memorial.
10. MEMORIALS FOR OTHER PURPOSES NOT AUTHORIZED.
These provisions only authorize roadside memorials erected in the memory of
persons deceased as a result of traffic collisions; and
11. CITY RESERVES RIGHT TO REMOVE MEMORIAL AT ANY
TIME. The City of Caldwell reserves the right to remove any memorial placed
upon City right -of -way at any time if it determines the memorial to be a traffic
hazard or otherwise pose a threat to the health, safety and welfare of the users of
the City right -of -way, if the memorial does not comply with the provisions of this
article, if the memorial is in disrepair or is otherwise not properly maintained, if
the memorial remains in place longer than permitted herein, or to facilitate road or
utility work or repairs at or near the site. Should a memorial need to be removed,
the City will make a reasonable effort to notify the family of the deceased person
or persons prior to removal.
09- 19 -11: APPEALS:
Any party aggrieved by a decision of the City with respect to the provisions of
this article may appeal that decision to the City Council by filing a Notice of Appeal to
the City Council with the City Clerk within fifteen (15) days following the date upon
which the decision was made. Any such appeal shall be processed as a contested case
pursuant to Chapter 1, Article 5 of this code.
09- 19 -13: NOT APPLICABLE TO STATE HIGHWAYS:
The provisions of this article have no applicability to highways under the
jurisdiction of the Idaho Transportation Department.
Section 2: This ordinance shall be in full force and in effect from and after its passage,
approval and publication, according to law.
ORDINANCE NO. 2808, Page — 3
Section 3: This ordinance is hereby declared to be severable. If any portion of this ordinance
is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect and shall be read to carry out the purposes of the ordinance before the
declaration of partial invalidity.
Section 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 2" d day of
November, 2009.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 2" d day of
November, 2009.
ATTEST:
Mayor Garret L. Nancolas
City Clerk
ORDINANCE NO. 2808, Page — 4