HomeMy WebLinkAbout 922 Amending FMC Chpt 12.38 MemorialsORDINANCE N0.922
AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE BY THE ADDITION
OF CHAPTER 12.38 CONCERNING PRIVATELY -DONATED MEMORIALS ON TOWN
PROPERTY
WHEREAS, from time to time, the Town receives requests for various types of privately -
donated memorials to be placed on Town property; and
WHEREAS, the Town desires to adopt policies and procedures for the approval,
placement, appearance, maintenance, removal, and relocation of privately -donated memorials to
be placed on Town property in order to manage aesthetic impacts to and facilitate proper
maintenance of such property; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO,*
Section 1. The Firestone Municipal Code is hereby amended by the addition of a new
Chapter 12.38 entitled "Privately -Donated Memorials," to read as follows:
Chapter 12.38
Privately -Donated Memorials
Sections:
12.38.010 Purpose.
12.38.020 Request to place memorial.
12.38.030 Requirements.
12.38.040 Review criteria.
12.38.050 Maintenance and clearing of existing memorials.
12.38.060 Removal and relocation.
12.38.010 - Purpase.
The purpose of this chapter is to establish standards for the approval,
placement, appearance, maintenance, removal, and relocation of privately -
donated memorials to be placed on Town property in order to manage aesthetic
impacts to and facilitate proper of maintenance of such property. IkE
12.38.020 —Request to place memorial.
No memorial shall be permitted on Town property unless such memorial
is approved by the Town Board of Trustees. To donate a memorial, a person must
first submit a written request on a form supplied by the Town.
12.38.030 - Requirements.
No memorial shall be permitted on Town property unless such memorial
meets the following requirements:
A. The memorial consists solely of a combination of a plaque and an
existing or proposed structure to which the plaque is affixed, such as a stone,
bench or other object deemed appropriate by the Town, dedicated in memory of a
person or group of persons;
B. The plaque is no larger than twenty-four (24) inches in height, and
twenty-four (24) inches in length and is consistent in design and materials with
other memorials placed on Town property; and
C. The memorial consists solely of text and a Town logo, which logo,
if included, shall be of a design supplied by the Town. The memorial shall not
include any images of the person or persons being memorialized, or any other
images, etchings, carvings, or design features.
12.38.040 -Review criteria.
Each request for a memorial proposed to be placed on Town property shall
be reviewed by the Director of Public Works or the Director's designee. Upon
completion of such review, the reviewer shall provide the Board of Trustees a
written evaluation of the request based on the following factors:
A. The suitability of the proposed location of the memorial structure;
B. The appropriateness of the memorial's design, including but not
liHUM; d whether the proposal meets the requirements of section 12.38.030,
C. The memorial's significance to the community or lack thereof;
D. The appropriateness and anticipated longevity of the proposed
materials comprising the memorial;
E. The provisions for long-term maintenance, and upkeep of the
memorial, and for ensuring the memorial against vandalism and disrepair.
The Board of Trustees shall approve or deny the request based on these
factors.
12.38.050 Maintenance and clearing of existing memorials.
A. This section applies to both exiting and newly -donated memorials
on Town property.
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B. Unless otherwise agreed in writing by an instrument approved by
the Board of Trustees and signed by the Mayor or Town Manager, the
maintenance and upkeep of any memorial structure shall be the responsibility of
the person or entity placing such approved memorial on Town property. A plan
for perpetual care thereof shall be specified in a written memorandum of
understanding between the Town and the person or entity placing such approved
memorial on Town property.
C. If any items are placed on or near a memorial, including but not
limited to flowers, potted plants or wreaths, then at the sole discretion of the
Director of Public Works, the Town shall have the right to remove and dispose of
such items, including without limitation in the event such items become frosted,
fWed, withered, or otherwise unsightly; have accumulated, or interfere with the
use,, maintenance or enjoyment of Town property.
D. If a memorial falls into disrepair or becomes unsightly or
deteriorated and is not promptly repaired, then at the sole discretion of the
Director of Public Works, the Town may remove the memorial and dispose of it.
12.38.060 Removal and relocation.
The Town shall have the right in its sole discretion to remove or relocate any
memorial if and when the memorial interferes with site maintenance, site
construction activities, or any existing or proposed use, or the enjoyment, of the
Town property where the memorial is located, or is inconsistent with the provisions
of this chapter. Prior to or within a reasonable time after the removal or relocation,
the Town shall provide a letter to the donor(s) of the memorial notifying the donor(s)
of any action related to the removal or relocation of the memorial pursuant to this
section. Such letter(s) shall be sent to the donor at the last -known address(es) on file
with the Town. This section applies to both existing and newly -donated memorials
on Town property.
Section 2. If any portion of this ordinance is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance. The Board of
Trustees hereby declares that it would have passed this ordinance and each part hereof Irrespective
of the fact that any one part be declared invalid.
Section 3. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict.
Section 4. The repeal or modification of any provision of the Municipal Code of the
Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in
whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still
remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings,
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no prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the
purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this q day of 2018.
TOWN OF FIRESTONE, COLORADO
ni a a¢ ® Paul Sorensen, Mayor
ATTEST: °
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``°° a �
Leah Vanarsdall, Town C erk