Section 19.25.260. Roadside memorials permitted.

   (a) Notwithstanding AS 19.25.090, 19.25.105, and 19.25.200, a person may, for a period of not more than two years, place in the right-of-way but outside of the traveled way of a state highway a temporary memorial for a decedent who died as a result of a traffic accident, or other incident in the right-of-way, at or reasonably near the site where the memorial is located.
   (b) A memorial must not interfere with the use of the highway, with other uses of the right-of-way, with the visibility of directional and other official signs and notices, or with highway safety, construction, or maintenance.
   (c) The person who places a memorial in the right-of-way of a state highway shall
        (1) post the person's contact information on the memorial;
        (2) inform the department of the location within seven days of placement of the memorial; and
        (3) provide the person's contact information to the department.
   (d) A person may not place a political or commercial message on a memorial.
   (e) A person may not place reflective material or another item on a memorial if that material or item would be distracting to drivers and other users of the right-of-way.
   (f) The state is not liable for damage to, or damage or injury resulting from the presence of, a memorial in the right-of-way of a state highway.
   (g) In this section, "memorial" means decorations, flags, flowers, and other lightweight objects or ornamentation commonly used at funerals or at gravesides as a tribute to a decedent.

Authorities

19.25.270

Notes

References

AS 19.25.270 Relocation or removal of memorial.

History

(Sec. 1 ch 125 SLA 2003)