There could soon be rules regulating roadside memorials erected to honor victims of car crashes on Oahu streets.
A bill introduced by City Councilman Tom Berg to create such rules was deferred by the Council Transportation Committee on Thursday until June 28 to allow Transportation Services Director Wayne Yoshioka time to come up with proposed administrative rules that would accomplish the same goal.
The issue is emotional and even those who have set up such memorials are split on whether drafting rules is a good thing.
Berg introduced Bill 45 after learning that city parks workers removed two copper crosses placed by a constituent in honor of two of her sons on city property next to Farrington Highway in Makaha.
Berg said regulating roadside memorials would give the city some control over the sites while also allowing some guidelines and expectations for families erecting them. The bill calls for families to obtain permits for memorials.
They would be allowed to be in place for up to 60 days. Permits would be issued only for areas deemed safe by the city. Families would need to describe their memorials in their applications.
The bill makes clear that the city can remove memorials that do not have permits or are deemed unsafe, as well as remove memorials that have remained beyond their alloted time, provided notice is given to the permittees.
"There is nothing on the books to offer the grieving family a sense of protocol when roadside memorials are deployed on city roads," Berg said in a recent email to supporters. "It is the duty and obligation of government to create guidelines so all can rest in peace."
Yoshioka said he would prefer policies be established through rule-making instead of a bill. He noted that the state regulates roadside memorials within the state Department of Transportation’s administrative policies.
Makaha resident Deborah Stokes said she supports a bill or a rule because it will offer some certainty for grieving family members. "At least it would be something for the families."
Since two of her sons died in a crash in front of Mauna Lahilahi Beach Park more than eight years ago, Stokes’ family has maintained a roadside memorial in their honor just off Farrington Highway, where they were killed.
Last month, Stokes made her daily drive to work and found the crosses had been removed.
"It hit me like a ton of bricks," she said. She asked around and recovered the crosses from a city construction yard the next day. Since then, she’s kept the two crosses, which are 2 feet tall, in her van so she can feel like she’s near her boys, she said.
A bill or rules governing roadside memorials would not apply in Stokes’ situation since the crosses were within park property, not what is technically the side of the road.
City Parks Director Gary Cabato acknowledged the Stokes situation could have been handled better, noting that a new parks supervisor was involved.
He said families are welcome to donate either a tree or bench in honor of fallen loved ones at a park of their choice, which costs from several hundred to several thousand dollars.
Meanwhile, Waimanalo resident Kekai Seabury said he opposes any regulation of roadside memorials. Seabury’s family has maintained a memorial along Kalanianaole Highway in front of the Olomana Golf Course since his father, Ramus Seabury, was killed in a crash February 2003.
He believes at least part of his father’s spirit remains at the crash site, he said.
The city and state should allow roadside memorials to be in place without regulation so long as they are "respectful and clean," Seabury said.