[HISTORY: Adopted by the Common Council of the City of Kingston 7-2-2002 by L.L. No. 2-2002, approved 7-18-2002. Amendments noted where applicable.]
Pursuant to § 277 of the New York State General Municipal Law, the City of Kingston may enter into an adopt-a-highway, -park or -shoreline program agreement with volunteers or groups in an effort to reduce and remove litter from highways, parks, shorelines and other public lands, thereby contributing to the overall beautification of the City of Kingston.
Any not-for-profit corporation or any other organization or association may petition the City of Kingston, through the Department of Public Works, to participate in the Adopt-a-Highway, -Park or -Shoreline Program.
Such applicants shall complete a form setting forth the names and addresses of all participants, either on an individual or group basis, along with any additionally requested information. Such application may be obtained from the City Clerk.
The application shall be submitted to the City Clerk, who shall then forward it to the Department of Public Works and any other appropriate department or division of the City for review and comment as to the feasibility and compatibility of the organization or group requesting to participate in the program.
The Department of Public Works shall authorize the applicant to begin a program of care and maintenance of said highway, park or shoreline. Before any work is undertaken by the applicant, a duly authorized representative of the organization or group shall sign an adopt-a-highway, -park or -shoreline agreement on a form furnished by the City Clerk and shall furnish all other documentation required by the agreement. Only after such agreement has been signed by the Mayor shall any work begin.
The applicant for participation in this program shall set forth what steps and what actions the particular organization or group is going to take to provide continuous care and maintenance of the highway, park or shoreline by the removal of debris, trash and refuse. At a minimum, the applicant shall agree to pick up litter and plant flowers, shrubs or ground cover, if applicable, and maintain same. The applicant shall be permitted to perform the following roadside maintenance activities, including, but not limited to, litter pickup, planting and maintaining Department-approved vegetation. No work of any nature is to be performed on the pavement.
After a period of not less than three months, the organization or group shall request that the City, through the Department of Public Works, review its work and then report their findings to the Common Council. After the Common Council has received the recommendation of the Department of Public Works, a resolution shall be offered to post said highway, park or shoreline as an "adopted site" for a two-year period and commending the organization or group for its efforts. If it is determined that the applicant is not meeting the terms of the agreement, the City may terminate the agreement upon 30 days' written notice or immediately, if safety is an issue or insurance coverage lapses.
If a highway, park or shoreline is adopted after the procedures have been followed as set forth herein, an appropriate sign or signs shall be erected displaying the fact that the highway, park or shoreline adopted under this program has qualified as a site appropriately cared for and maintained by the adoptive group.
The organization or group performing any work or services under this program shall not be deemed to be employees of the City of Kingston, but merely volunteers. The City of Kingston shall be held harmless from any negligent or careless acts of the organization or group in the performance of any functions under the program. The organization shall furnish to the City Clerk proof of liability insurance coverage, in the amount of $1,000,000 covering the group's proposed activities and naming the City of Kingston thereon as an additional insured. The applicant further agrees not to permit anyone under the age of 12 years to participate in the program. The applicant will provide a minimum of one adult supervisor for every six youngsters between the ages of 12 and 18.
The City of Kingston shall provide trash bags and trash pickup as part of this program.