§ 46-152. Permit.

(a)

Required. It shall be unlawful for a roadside memorial to be installed or remain installed in a city right-of-way without a permit issued or renewed in accordance with this article. Unlawful roadside memorials are subject to removal by the city. A roadside memorial may be allowed to be installed within a city street right-of-way or other city right-of-way only upon issuance by the city of a permit.

(b)

Criteria. No permit will be issued or renewed unless all of the following criteria are complied with:

(1)

City manager approval; installation. The city manager or the manager's designee shall have approved the location at which the roadside memorial is to be installed. Every roadside memorial shall be installed in such a manner and at such a location that the installation and removal of the roadside memorial will not endanger the safety of the traveling public or interfere with the city's maintenance of or the free flow of traffic on public streets and rights-of-way.

(2)

Form, shape and size. Every roadside memorial shall be of a specific standardized form, shape and size as provided by the city manager or the manager's designee.

(c)

Duration. A permit issued or renewed in accordance with this article shall expire two years and one day from the date of issuance.

(d)

Permit renewal. A permit issued in accordance with this article may be renewed for additional terms by the city manager or designee. The renewal of a permit may be denied if the roadside memorial is currently in violation of or has previously been in violation of the terms of this article.

(e)

Removal. The city manager or the manager's designee may remove a roadside memorial:

(1)

Any time after the permit for that memorial expires unless that permit has been renewed;

(2)

If the roadside memorial interferes with the city's use for the right-of-way;

(3)

If the terms and conditions of the permit are violated or if the permittee fails to keep the roadside memorial maintained and in good repair.

(Ord. No. 05-02, § 1(2-9-2), 3-1-2005; Ord. No. 08-04, § 1, 8-5-2008)