Title
ORDINANCE AMENDING CHAPTER 35 OF THE DULUTH CITY CODE BY ADDING SECTION 35-9.5 REGARDING CITY PARK AND GREEN SPACE MEMORIAL PROGRAM.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Chapter 35, Section 9.5 of the Duluth City Code is hereby created as following:
35-9.5 Memorial Program.
(a) The Parks and Recreation Department may establish, maintain, and enforce a memorial program applicable to City-owned parks and green spaces. Such memorial elements may include, but not be limited to, benches, bricks, picnic tables, and trees placed within parks and green spaces.
(b) The Parks and Recreation Manager will authorize the final selection, design, location, installation, and maintenance of memorial elements.
(c) Fees associated with memorial elements shall be established in accordance with Section 31-8. Fees are intended to cover costs to be incurred by the City in purchasing, installing, and maintaining the memorial elements during their useful life. Fees are not intended to and do not cover replacement costs for memorial elements.
(d) All memorial elements become City property. Memorial elements will be reasonably maintained for their useful life.
(e) The City is not responsible for damage or theft. The City may not repair or replace damaged or stolen memorial elements.
(f) The City may temporarily or permanently remove or relocate memorial elements when it determines they interfere with site safety, maintenance standards, parks planning, master planning, or construction activities.
(g) Parks and green spaces are not collectively memorial parks. Floral tributes or any other memorabilia are not permitted within a park or green space and/or on or near a memorial element without prior approval from the Parks and Recreation Manager. The City may, at its own discretion, remove and discard any such items.
Section 2. That this ordinance shall take effect 30 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance formalizes the City’s park and green space memorial program through which the City has in the past, and may in the future, permit the placement of memorial elements in the City park system.
In the absence of clear guidance and authorization in City ordinance, the City has historically implemented a disparate array of park memorial initiatives with varying levels of formalization, consistency, and clarity. These initiatives have generally failed to anticipate the eventual deterioration and failure of memorial elements or the other contingencies that can necessitate their removal or relocation.
Memorial elements throughout the City’s parks and green space are important and emotional recognitions of individuals who have passed away. Formalizing the memorial program for elements to be placed within parks and green space will enable the City to more consistently and comprehensively manage memorial elements in these spaces.
This addition to City code allows for the Parks and Recreation Department to define policies and procedures, establish fees, approve or deny requests, and define maintenance for memorial items within parks and green spaces.
At this time, multiple types of memorial elements currently exist in the City’s parks and green spaces, to include trees, benches, picnic tables, plaques, etc.
The only part of the City memorial program that is accepting and approving new requests at this time is the Angel of Hope memorial in Leif Erickson Park whose purpose is to enable grieving family members to honor children who have passed away.
All other requests for the placement of new elements are currently on hold due to staff and resource limitations. Parks and Recreation will continuously monitor resources and inform the public when and if new requests will be considered.
The memorial program is intended to be inclusive of elements that may honor those still living and/or recognize or memorialize those who have passed away.
The proposed ordinance language was approved unanimously by the Parks and Recreation Commission on October 14, 2020.