(A) Definitions.
(1) Commemorated event. The accident or other event that resulted in the death(s) of individuals as a result of reckless and/or impaired driving.
(2) Memorial. Any sign, object(s), other materials, or a combination thereof that are intended to recognize and/or honor individuals who have died during a commemorative event.
(3) Qualified relative. An immediate relative of the deceased, by marriage, blood, or adoption, such as a spouse, child, parent, or sibling.
(B) Memorials on public rights-of-way. Memorials erected on public rights-of-way within the City of Markham are subject to the following requirements:
(1) A qualified relative shall apply for installation of a memorial with the City of Markham prior to the erection of any memorial. Said application shall detail the proposed size, location, and duration of the memorial. The application shall be accepted so long as all other requirements are complied with.
(2) Memorials may only be erected by a qualified relative, or group thereof, within 500 feet of the commemorative event. Memorials shall not be placed in a manner that interferes with the line of sight required for drivers or by pedestrians. Memorials shall not be installed in a median on any public roadway and shall not encroach upon any roadway nor shall they be attached to any poles. No memorial shall be located in, encroach upon, or be located in such a manner as to constitute a hazard to health or safety of any person on any public right-of-way.
(3) The memorial and all individuals visiting and/or maintaining the memorial must comply with all applicable laws and regulations. The qualified relative requesting placement of the memorial shall be solely responsible for maintenance and construction of the memorial.
(4) Memorials shall not be permitted in any construction or maintenance work zone. The city shall reserve the right to temporarily remove or relocate a memorial at any time for street and/or right-of-way maintenance or construction activities or operations. The city shall provide notification of removal or change to any memorial only to those individuals who have properly applied and have received approval from the city as provided herein.
(5) The memorial and any sign contained therein shall not be larger than total a total of 12 square feet. The area of ground covered by the memorial or any items associated with the memorial (e.g. flowers) shall not be larger than 12 square feet.
(6) A memorial shall remain in place for no more than 90 days after the commemorative event and shall be subject to removal by the city after said period has expired.
(7) Any memorial that is determined to be unsafe, insecure, a menace to the public, or that has been constructed and/or is being maintained in violation of the provisions of this section or any other applicable law is hereby declared a nuisance and shall be subject to removal by the city. The city reserves the right to immediately remove any purported memorial that has not first received city-approval.
(Ord. 19-O-2244, passed 12-4-2019)