Chapter 12.30
ROADSIDE MEMORIALS
Sections:
12.30.030 Long-term memorial application procedure.
12.30.040 City review of long-term memorial sign application.
12.30.050 Location, placement, and ownership of long-term memorial signs.
12.30.060 Informal short-term memorials and anniversary memorials.
12.30.070 Wording on long-term memorial signs.
12.30.080 Name plaque limit on a single memorial sign installation.
12.30.090 Time allowed for memorial signs in City rights-of-way.
12.30.100 Application filing deadlines.
12.30.110 Multiple memorial sign applications.
12.30.010 Purpose.
The purpose of the memorial sign program is to:
A. Provide friends and relatives of persons fatally injured in accidents with the opportunity to memorialize them by sponsoring a memorial sign to be erected near the scene of the accident in a safe and consistent manner; and
B. Combat impaired driving and increase the public’s awareness of the need to drive safely and responsibly. (Ord. O-09-377 § 1 (Exh. A)).
12.30.020 Definitions.
As used in this chapter:
The “deceased” is any person who was fatally injured in an accident involving a vehicle, regardless of fault or intoxication, and for whom an applicant seeks the erection of a memorial sign.
An “immediate family member” means a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, stepfather, grandparent or step-grandparent of the deceased.
An “intoxicated driver” is a driver who, while under the influence of drugs or alcohol, caused the death of the deceased, including his or her own death. (Ord. O-09-377 § 1 (Exh. A)).
12.30.030 Long-term memorial application procedure.
A. An immediate family member, or another person who submits the written consent of an immediate family member, may apply to sponsor a sign memorializing the deceased.
B. The applicant must complete and return a memorial sign application on forms furnished by the City. The application must include the following attachments:
1. A copy of the accident report.
2. For an accident involving an intoxicated driver:
a. Court records showing that the intoxicated driver was convicted of second degree murder, gross vehicular manslaughter, vehicular manslaughter under RCW 46.61.520(1)(a), or that the driver could not be prosecuted because of mental incompetence; or
b. If the intoxicated driver could not be prosecuted due to his or her death, proof of intoxication from coroner’s records.
3. In the absence of the documents set forth in subsections (B)(1) and (2) of this section, the City may consider other documents presented by the applicant that the City deems to be equally reliable sources of information in evaluating the application. (Ord. O-09-377 § 1 (Exh. A)).
12.30.040 City review of long-term memorial sign application.
Within 30 days after the City receives a correctly completed application submitted pursuant to this chapter, the City shall inspect the proposed site for the memorial sign and shall send a written decision to the applicant as to whether the proposed sign installation is approved at the proposed location or, if the sign cannot be located at the proposed location, the City’s proposed alternative location. (Ord. O-09-377 § 1 (Exh. A)).
12.30.050 Location, placement, and ownership of long-term memorial signs.
A. Once an application has been approved, the applicant must pay the fee set forth in the City of Maple Valley fee schedule to cover the cost of administration, fabrication, installation and maintenance of the memorial sign and any name plaque that may be requested.
B. The City will select, purchase, install, remove, and retain ownership of memorial signs.
C. Signs will be installed in accordance with applicable City policies and standards for signs. This includes posts, hardware, materials, vertical, longitudinal, and lateral positioning.
D. The City of Maple Valley will not install or maintain a name plaque if there is written opposition from any immediate family member. If written opposition is received from any immediate family member after the name plaque has been installed, the City will remove the name plaque. The application fee for a name plaque that is removed or not installed due to such opposition shall not be refunded to the applicant.
E. Memorial signs shall be placed only in a City right-of-way, on the right side of the roadway, facing oncoming traffic. Signs will not be installed in the median of any City roadway.
F. Memorial signs shall be placed in close proximity to where the accident occurred at a location where the City determines it is safe and practical to do so.
G. Only one sign will be installed per intersection or per 1,000 feet of roadway for each direction of traffic. However, a memorial sign will not be placed nearer than 200 feet from an existing traffic sign or in a location where the memorial sign obstructs the visibility of an existing traffic sign.
H. The City will not replace the sign should it be vandalized, damaged, or found missing; however, the applicant may apply for a new sign under the requirements of this chapter, including payment of the fee set forth in the City of Maple Valley fee schedule. (Ord. O-09-377 § 1 (Exh. A)).
12.30.060 Informal short-term memorials and anniversary memorials.
A. The placement of informal memorials up to three feet in height and up to nine square feet in surface area shall be allowed in the unpaved portion of the right-of-way for up to 90 days after an accident as long as: (1) the memorial does not cause unsafe conditions for passing motorists or for people who are maintaining or visiting the memorial; and (2) the memorial and those visiting and/or maintaining the memorial comply with all other applicable laws.
B. Within 45 days of the accident, the City police department shall make reasonable efforts to contact one or more immediate family members of the deceased to determine whether any particular person is responsible for maintaining the informal memorial and to inform the family about the existence of this chapter, including the requirement that the informal memorial be removed at the end of the 90-day period.
C. The City may remove memorials prior to the expiration of the 90-day period for failure to comply with applicable laws. If the City determines that a memorial is out of compliance with applicable law, the City police department shall make reasonable efforts to contact those responsible for maintaining the memorial to request that the noncompliant aspects of the memorial be corrected.
D. At the end of the 90-day period, or after 30 days of noncompliance, whichever comes first, the City shall remove any remaining items from the memorial site, except for unwrapped biodegradable flowers, and shall keep the items for 30 days to allow the person placing the memorial to retrieve the items. This provision shall not prevent the City from removing a memorial immediately in response to a serious threat to public safety.
E. The placement of an anniversary memorial shall be allowed in the unpaved portion of the right-of-way for up to seven days after each anniversary of the accident. At the end of the seven-day period, the City shall remove any remaining items from the memorial site, except for unwrapped biodegradable flowers, and shall keep the items for 30 days to allow the person placing the memorial to retrieve the items. This provision shall not prevent the City from removing a memorial immediately in response to a serious threat to public safety.
F. Items not retrieved during the 30-day holding period shall become the property of the City and may be disposed.
G. Unattended candles shall not be allowed at memorial sites and may be immediately removed by the City. (Ord. O-09-377 § 1 (Exh. A)).
12.30.070 Wording on long-term memorial signs.
A. A memorial sign for a deceased whose death was caused by an intoxicated driver, including a sign memorializing the intoxicated driver, shall read “PLEASE DON’T DRIVE IMPAIRED.” At the request of an immediate family member, a separate name plaque may be added that reads “IN MEMORY OF (the deceased’s name).”
B. A memorial sign for a deceased whose death was not caused by an intoxicated driver shall read “PLEASE DRIVE SAFELY.” At the request of an immediate family member, a separate name plaque may be added that reads “IN MEMORY OF (the deceased’s name).” (Ord. O-09-377 § 1 (Exh. A)).
12.30.080 Name plaque limit on a single memorial sign installation.
No more than three name plaques may appear below the memorial cautionary sign on a single memorial sign installation. (Ord. O-09-377 § 1 (Exh. A)).
12.30.090 Time allowed for memorial signs in City rights-of-way.
Unless it determines that public safety requires removal, the City of Maple Valley will allow the sign to remain in the right-of-way for seven years after the accident or until the City determines that the condition of the sign has deteriorated to a point where it is no longer serviceable, whichever occurs first. The City will remove and maintain ownership of the sign unless the sign sponsor requests, in writing, to have ownership of the sign after its removal. (Ord. O-09-377 § 1 (Exh. A)).
12.30.100 Application filing deadlines.
A person may file an application under this chapter to memorialize a death in an accident that occurred not more than five years prior to the application date. (Ord. O-09-377 § 1 (Exh. A)).
12.30.110 Multiple memorial sign applications.
A. Only one sign will be installed per location. Should a sign already exist, an additional name plaque may be added to an existing sign upon City approval. Multiple deceased names may appear on one sign.
B. If more than one sponsor applies for a memorial sign for a single accident site, the City will consider the multiple applications in the order in which they are received.
C. The City may approve applications for an additional memorial sign at an existing accident site under the following circumstances:
1. Additional name plaques can be attached to the existing sign installation; or
2. A second memorial sign can be installed across the roadway from the first sign installation so that the second sign installation faces the traffic approaching from the opposite direction.
D. For purposes of this section, “single accident site” means the site of all accidents that occur within 1,000 feet from each other, regardless of when they occur. (Ord. O-09-377 § 1 (Exh. A)).