Mount Prospect weighs rules for roadside memorials

Mount Prospect began tackling a delicate subject this week when village trustees examined possible regulations for roadside memorials.

The memorials often are found at the sites of fatal automobile crashes, with items like teddy bears, flowers, pictures and religious artifacts placed along the road.

Village Manager Michael Janonis brought the matter before the board’s committee of the whole Tuesday, asking trustees whether they want time limits or other restrictions in place.

“We’re not looking to prohibit these,” Janonis said. “We’re not looking to in any way regulate them other than their placement in a safe manner and ... some type of end date when they can be removed.”

In a memo to the board, Village Attorney George Wagner wrote that memorials constitute a form of free speech and that any regulation must be “viewpoint neutral and reasonably related to a legitimate governmental interest.”

A majority of the board appeared in favor of at least a time limit, but did not take immediate action.

Trustee Michael Zadel suggested a three-month maximum.

“I agree that it is part of the grieving process,” he said, but the six months suggested by others could encroach on the winter season, meaning something could get damaged or in some way “reconfigured” by weather.

“It is also sensitive to the people who actually maintain that public right of way,” Trustee Arlene Juracek added. “So much of our public right of way is actually maintained by residents and citizens.”

Trustee A. John Korn said the village should have some rules in place, saying the memorials can be a distraction to drivers, noting one long-standing memorial that features flowers, pictures, balloons, candles, toys and stuffed animals.

Korn, however, said he would be willing to make the time limit one year, noting that there might be the commemoration of a one-year anniversary of someone’s passing.

Trustee Paul Hoefert pointed out that without an ordinance, taking down a memorial could appear disrespectful.

“This way, you don’t end up with some unintended consequences,” he said.

Janonis said that if the village took down a display, it could collect the items and hold them. Workers could try to contact the people in charge of the memorial or leave a note at the site indicating when the memorial would be removed and how people could collect items left there.