C017-10
Roadside Memorials Policy
| Contents | ||
|---|---|---|
| 1 Policy Statement | ||
| 2 Purpose of this policy | ||
| 3 Application | ||
| 4 Interpretation | ||
| 5 Definitions | ||
| 6 Guiding principles | ||
| 7 Exclusions | ||
| 8 Prohibitions | ||
| 9 Related procedures, guidelines and publications | ||
Policy Statement
1 The City recognizes that roadside memorials are often placed at accident locations, or where an incident has occurred, within the City by family and friends. The placement of the memorial at times may create safety, operational or maintenance concerns.
Purpose of this policy
2 To provide guidelines and procedures regarding the placement of roadside memorials within the City.
Application
3 Out of respect for grieving family and friends and, in some instances, the community, the City will allow the placement of roadside memorials within the road right-of-way at, or near the Site or another significant place.
Interpretation
4 (1) Schedule “A” contains definitions of terms used in this Policy.
(2) Unless otherwise provided in this Policy, words and phrases used herein have the same meanings as in the Community Charter, S.B.C. 2003, c. 26, Local Government Act [RSBC 2015] c. 1, R.S.B.C. 2015, c. 1, and Interpretation Act, R.S.B.C. 1996, c. 238, or as the context and circumstances may require.
(3) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or Bylaw refers to that enactment, as amended or replaced from time to time.
(4) Words in the singular include the plural and gender specific terms include both genders and corporations.
(5) Headings in this Policy are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Policy.
(6) If any part of this Policy is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.
Definitions
5 In this policy
"City" means the City of Abbotsford.
"Crosswalk" has the same meaning as set out in the City's Street and Traffic Bylaw, 2006.
"Roadway" has the same meaning as set out in the City's Street and Traffic Bylaw, 2006.
"Sidewalk" has the same meaning as set out in the City's Street and Traffic Bylaw, 2006.
"Site" means the location of where the fatality occurred.
Guiding principles
6 The following provides guidance for the placement, maintenance and removal of roadside memorials.
(i) Roadside memorials must be maintained and must not create safety concerns.
(i) Roadside memorials must not:
(A) present safety concerns to those using or maintaining the Roadway or Crosswalk;
(B) encroach onto the paved or travelled portion of the Roadway, Sidewalk, or bicycle facility; or
(C) cause sightline obstructions or cause a significant distraction to motorists.
(ii) Any person who constructs a Roadside Memorial must provide their contact information to the City.
(i) Roadside memorials must be maintained by those who placed them.
(i) If the roadside memorial is left unmaintained, it may be removed.
(ii) The roadside memorial may be removed for maintenance, construction or safety purposes.
(iii) Where it is deemed necessary for a roadside memorial to be removed, every effort will be made to contact the family or friends prior to any action being taken by the City.