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BPAC refers ghost-bike and Descanso policy to policy and law subcommittee
Summary
Committee voted to send research and proposed language on Descansos (memorials/ghost bikes) to its policy and law subcommittee after staff described an informal temporary practice and attendees cited a state statute protecting certain memorials.
The Bicycle & Pedestrian Advisory Committee voted July 10 to refer research and proposed language on Descanos (roadside memorials, including “ghost bikes”) to its policy and law subcommittee, after staff reported the city has been allowing temporary memorials and committee members raised concerns about legal protections and process.
Jennifer Morrow, Complete Streets director, told the committee she has been advising applicants that the city will allow a temporary Descanso for six to 12 weeks while she reviews requests. “At at this time, I was told that the city, by my director that the city will allow a temporary Descanso, to be placed for 6 to 12 weeks,” Morrow said. She also reported consulting the state law and the city attorney’s office and said that removal or desecration of a Descanso on public right-of-way can carry criminal penalties under state statute.
Committee members noted uncertainty about definitions, process and distinctions between traffic-death memorials and other memorials. Member Gary Schiff Miller pointed out that the state law, as explained in the meeting, protects memorials placed to mark motor-vehicle fatalities on public rights-of-way and that governmental employees may remove memorials if they obstruct roads. BPAC members recommended developing a written municipal policy consistent with state law that clarifies application steps, approval criteria, time limits and maintenance or safety thresholds.
Member Gary moved and the committee seconded a referral to the policy and law subcommittee for research and drafting; the motion passed on a roll-call vote. The subcommittee was asked to review New Mexico law and comparable municipal ordinances, draft proposed language, and consult the city attorney’s office on enforceability and any necessary ordinance or resolution.
No ordinance was adopted at the meeting; the committee’s action was to assign research and drafting to the subcommittee, which will report back with recommended language for possible referral to the city attorney and eventual governing-body consideration.
