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Remove Roadside Crosses
Roadside memorials have become so numerous, and so distracting and
dangerous,
highway officials say, that more and more states are trying to regulate them.
Besides the danger they create, when some of these crosses are planted in a
concrete or other permanent foundation, those who do so are effectively making a
private claim to public property through adverse possession. This runs afoul of the law. Those markers
which are not permanently set are considered simply abandoned refuse and can be picked
up and taken by anyone who has a mind to. Left
unchecked, this practice would eventually leave the highways littered with
crosses, flags, flowers, etc. Without touching on the religious nature of most
of these memorials, I have already mentioned three reasons for their removal.
More to the point; atheists and other non-christians
find them offensive, annoying and depressing. When you do see them, remove them
as soon as possible. Every day that they stand gives some motorists the
impression that the State condones religious symbols being placed along the road
on State property. There is nothing stopping us from taking down these religious
symbols.
Now, a few things should be noted
here. When you are going to remove these extraneous eyesores, remember to park
off the highway in a parking lot, on a side street, or well over on the
shoulder. If you will have to walk
far along the highway, get yourself an orange hunting vest to wear for your own
safety. Be sure you are not venturing onto private property. State property
usually does not extend beyond several feet from the shoulder of the road.
Lately, more and more of these crosses are being made of steel and planted in
cement making them nearly impossible to remove. The usurpers of public property
must be shown that we will not be deterred in righting this wrong. It's time to
pull out the big guns. There are two new tools on the market that are well
suited to the job. Either one can be carried in the trunk (along with safety
glasses and work gloves) and will make short
work of rebar, fence post, or even 4" steel bars. Just FROOGLE either of these for the best price:

DeWalt DC410KA 18V Cordless 4.5" Cut-Off Tool Kit.
Approx. $200.00 (6,500 RPM)

Makita BGA452 18V Cordless 4.5" Cut-Off/Angle Grinder Kit.
Approx. $325.00 (10,000 RPM)
The Department of Transportation in your
State can take one of four positions on roadside crosses: A) They can provide or
erect them for victims' families, in which case a suit should be filed
immediately. B) They can sanction them by law (also likely unconstitutional) C) They can ignore the religious memorials erected by families and
not remove them. D) They can disapprove of them and remove them.
South Jersey Transit
Authority has a policy regarding roadside memorials. It seems the South
Jersey turnpike was littered with these memorials and the managing agency found
it advisable to deal with the situation by removing them after a period of time.
If you live in a state that is not
dealing with the issue properly, use the copy included here to inform the highway department in your area of a fair way to manage this
problem.
Status of the law
by State:
Alabama - ?
Alaska
- permitted for 2 years with some restrictions.
Arizona
- Do not remove state or county memorials.
Arkansas
- state highway department allows them to remain only a few days.
California
- may be removed.
Colorado
- Do not remove state or county memorials.
Connecticut - ?
DC - ?
Delaware - prohibits
Florida - only state-sanctioned markers
Georgia - only state-sanctioned markers
Hawaii - ?
Idaho -
permitted.
Illinois - ?
Indiana - ?
Iowa - ?
Kansas - ?
Kentucky - ?
Louisiana
- may be removed.
Maine - ?
Maryland - prohibits
Massachusetts - prohibits
Michigan - ?
Minnisota
- not permitted on interstates or freeways. Only allowed for 6 months on state
highways and other roads.
Mississippi - ?
Missouri - prohibits
Montana - ?
Nebraska - ?
Nevada
- Only NDOT erected Roadside Memorial Markers allowed for 2 years.
New Jersey - See policy #19:2-5.10
New Hampshire - ?
New Mexico - After I published on this website the fact that I had removed
several hundred pounds of roadside memorials in years past, the State has past a
law making it a petty misdemeanor to "willfully deface or destroy"
these heaps of junk. It is unlikely that this law will ever be enforced let
alone result in a conviction so chances are it will not be challenged in the
courts. The State of New Mexico knows very well that a challenge would result in
invalidating this law but they enacted it as a weapon of fear to gain compliance
to their religious dictates in spite of their oaths of office. However, it does
not apply to me as I moved on to bigger things years ago. (I did leave a present
they've not discovered yet.)
New York - leaves it up to municipalities
North Carolina - prohibits
North Dakota - ?
Ohio - ?
Oklahoma - ?
Oregon - prohibits
Pennsylvania - Leaves it up to individual transportation authority districts.
(Southeastern Pennsylvania Transportation Authority "SEPTA" prohibits
placement.)
Rhode Island - ?
South Carolina - ?
South Dakota - ?
Tennessee - ?
Texas - only state-sanctioned markers
Utah - prohibits
Vermont - ?
Virginia
Washington - only state-sanctioned markers
West Virginia
Wisconsin
Wyoming - only state-sanctioned markers
Other Countries:
Russia begins to ban memorials - Officials of Chelyabinsk have started
to tackle the problem of roadside memorials for car crashes` victims. A project
of federal law which can count setting roadside memorials, wreaths or crosses an
administrative offense has now been cut out. Deputies of the region are planning
to put such memorials under a ban and eliminate the present ones. Moreover,
Chelyabinsk`s authorities would like to spread this initiative over other
Russian regions and add amendments to the federal law about administrative
offenses.
South Africa -
JOHANNESBURG – As mementos for loved ones who lost their lives in accidents
continue to pop up along South African roads, warnings have been given that
the consequence of this practice could be equally devastating and fatal.
According to the South African National Roads Agency these roadside memorials,
including plaques, crosses and wreaths, may pose a safety threat to other
motorists traveling on the roads.
“These memorials can be hazardous, they may distract people driving past
them, resulting in fatal accidents,” explained the agency’s spokesman
Connie Nel.
She said legislation also prohibited the erection of advertisement boards and
signs along the national road reserve.
“The agency’s stance is that we allow a time for public mourning, but it
is only fair to remove these roadside memorials and tributes afterwards,”
Nel explained, adding routine road maintenance operators would alternatively
do so after a certain period of time.
She said traffic signs and boards were, on the contrary, “strategically
placed to enhance and ensure” road safety.
“If every family who has lost a loved one in an accident erects a cross at
the scene, what would our roads turn into?” Nel asked.
Johannesburg metro police spokesman Chief Superintendent Wayne Minnaar echoed
the belief that the erection of roadside memorials could result in accidents
for passing motorists and road-users.
“An accident can happen in a matter of seconds. It only takes a small
distraction, like looking at these memorials, to lose concentration and cause
an accident,” he said.
The funniest site yet on roadside
crosses.
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