[Ord. No. 08-080 §1, 7-2-2008]
The Highway Engineer is hereby authorized to establish an Adopt-A-Road Program for litter removal and mowing on County right-of-way. The Highway Engineer shall establish procedures for an Adopt-A-Road Program for County roads as set forth in this Chapter.
[Ord. No. 08-080 §2, 7-2-2008]
As used in this Chapter, the following terms shall have these prescribed meanings:
- ADOPTED SECTION
- A particular section of roadway located in the unincorporated area of St. Charles County, on which the County exercises jurisdiction of the right-of-way, which the volunteer individual or group participating in the Adopt-A-Road Program has agreed to perform permitted cleanup duties.
- The individual or group approved by the Highway Engineer to be a participant in the Adopt-A-Road Program.
- ADOPTER REPRESENTATIVE
- A group member designated to represent the volunteer group and serve as its liaison with the County Highway Engineer. The adopter representative is the person who signs the agreement.
- The written agreement between the volunteer individual or group adopting a section of road right-of-way and the County Highway Engineer.
- The individual or group applying for participation in the Adopt-A-Road Program.
- COUNTY HIGHWAY ENGINEER
- The Director and Chief Engineer of the St. Charles County Highway Department or his/her authorized representative.
- Any unsightly matter that may include, but is not limited to, disposable packaging, containers, cans, bottles, paper and cigar or cigarette butts. Litter does not include hazardous, heavy or large items.
- Any individual, including individuals within a group, who will be participating in the program activity.
- The Adopt-A-Road Program.
- PROGRAM ACTIVITY
- Litter pickup and/or mowing.
- The Adopt-A-Road signs provided by the department or approved by the County Highway Engineer.
- VIOLENT CRIMINAL ACTIVITY
- Any offense having as an element the use, attempted use or threatened use of physical force against the person or property of another or any offense involving weapons.
[Ord. No. 08-080 §3, 7-2-2008]
The adopter or adopter representative of a group who desires to participate in the program shall submit an application to the Highway Department on a form provided by that Department.
An application completed by an individual on behalf of a group or organization must identify the group or organization for which the application is being submitted and failure to identify the group or organization on the application will result in rejecting the application.
Adoption Eligibility. Civic and non-profit organizations, commercial and private enterprises and individuals may be eligible to adopt. Applicants who do not meet the eligibility requirements will be denied participation in the program, and adopters who no longer meet the applicant eligibility requirements may be removed from the program. The Highway Department reserves the right to limit the number of adoptions for a single group. The following applicants are not eligible to adopt:
Individuals who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten (10) years have passed since completion of the latest incarceration, probation or parole for violent criminal activity; or
Organizations and enterprises with any program participants who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten (10) years have passed since completion of the latest incarceration, probation or parole for violent criminal activity.
Acceptance Of Application. The Highway Engineer has the authority to approve applications of individuals or groups applying to participate in the program.
Denial Of Application. The Highway Engineer is authorized to deny requests for participation in the program.
A request for participation in the program may be denied if the applicant does not meet the eligibility requirements or has submitted false statement(s) of a material fact or has practiced or attempted to practice any fraud or deception in an application. "Material facts" include statements regarding convictions of violent criminal activity.
[Ord. No. 08-080 §4, 7-2-2008]
If an application is approved by the Highway Department, the adopter or adopter representative shall execute a written agreement with the Highway Department, and upon signing by both parties, the agreement becomes effective and provides for the individual's or group's participation in the program.
Responsibilities Of Adopter. The adopter shall:
Abide by all provisions contained in the agreement and any other terms and conditions as required by the Highway Department;
Provide to the Highway Department the name and complete mailing address, including street address, of the adopter representative and notify the Highway Department within thirty (30) days of any change of the adopter representative's name or address;
Abide by all safety requirements as listed in the department's safety brochure;
Have the adopter, if the adopter is one (1) individual, or the adopter representative attend a safety briefing conducted by the department and obtain safety meeting materials including, but not limited to, a safety video provided by the department before participation in the initial program activity;
Have all members of the group participating in the program activity attend a safety meeting conducted by the adopter representative that includes, but is not limited to, viewing the safety video provided by the department before participation in the initial program activity;
Properly use all safety equipment provided by the department, returning same to the department after each use, and perform the work in a safe, responsible and professional manner;
Provide one (1) adult supervisor for every eight (8) participants between thirteen (13) and seventeen (17) years of age and one (1) adult supervisor for every four (4) participants between ten (10) and twelve (12) years of age. No one under the age of ten (10) will be allowed to participate in the program;
Adopt a section of County road right-of-way for a minimum of three (3) years and submit a new application every three (3) years if the adopter wants to continue participation in the program;
Collect litter along the adopted section four (4) times a year or as required by the Highway Department;
Adopt for litter pickup a minimum of two (2) miles in rural areas and one-half (½) mile in urban areas. Shorter lengths may be permissible in special circumstances;
Restrict program activities to the areas of right-of-way outside the pavement and shoulder areas;
Perform program activity between the hours of one (1) hour after sunrise to one (1) hour before sunset and not during inclement weather;
Prohibit participants from possessing, consuming or being under the influence of alcohol or drugs while participating in the program activity;
Place litter in trash bags provided by the department and place filled trash bags at a designated location;
Separate tires, batteries and other trash as needed for proper disposal according to local landfill requirements;
Indemnify and hold harmless St. Charles County and the Highway Department and their officers, employees and agents from any claim, lawsuit or liability which may arise from adopter's participation in the program or as provided by the law;
Notify the Highway Department that the adopted section is ready for disposal of filled litter bags and provide that notice as soon as possible after litter pickup;
Submit to the Highway Department within five (5) working days of any program activity, the following information:
Not subcontract or assign its responsibilities under this program to any other enterprise, organization or individual unless assignee is also eligible to adopt; and
Not decorate or alter the signs after they have been approved and erected.
[Ord. No. 08-080 §5, 7-2-2008]
The Highway Department shall:
Determine the specific section of right-of-way that is to be adopted;
Except as approved by the County Highway Engineer, install and maintain signs, if desired by the adopter, at both ends of the adopted section;
Provide the adopter with trash bags;
Provide a safety briefing and safety materials to the adopter which includes, but is not limited to, a safety video and safety brochure;
Provide the adopter with a safety colored vest; and
Remove and dispose of filled trash bags from the adopted section as soon as practical after the litter pickup is finished.
[Ord. No. 08-080 §6, 7-2-2008]
The signs shall:
Identify the adopter or, subject to the approval of the Highway Department, may identify an individual in whose memory the adoption is being made;
Be designed by the department as to size, color and text except that the County Highway Engineer may, in his/her discretion, approve color and background design proposed by the adopter; and
Have the actual name of the adopter, or individual in whose memory the adoption is being made, with no telephone numbers, logos, slogans, dates or addresses, including Internet addresses, with verbiage kept to a minimum.
The signs shall not contain wording that is obscene, profane or sexually suggestive or implies an obscenity, profanity or sexual content.
Signs are not intended to be an advertising medium or serve as a means of providing a public forum for the participants.
The signs shall not be altered or decorated by the adopter at any time after approved by the Highway Engineer.
The erection of a sign is not a requirement for participation in the program. If, during the length of the agreement, a standard departmental highway sign is damaged, destroyed, stolen or removed from its foundation by an act of vandalism, the department will erect a single replacement sign at department cost. The Highway Department will not replace custom color signs approved by the Highway Engineer. The repair and reinstallation of a removed sign is counted as a replacement sign erection. If the replacement sign is damaged, destroyed, stolen or removed from its foundation by an act of vandalism, the department will erect a second (2nd) replacement sign at department cost. If the second (2nd) replacement sign is damaged, destroyed, stolen or removed from its foundation by an act of vandalism, the department will remove the sign from the premises if still present, and no further sign will be erected.
Two (2) signs will be erected for each adopter, one (1) at each end of the adopted section, at a location determined by the department.
[Ord. No. 08-080 §7, 7-2-2008]
The County Highway Engineer shall not enroll an adopter into the program until the adopter has entered into an agreement setting forth the terms of the program.
[Ord. No. 08-080 §§8—9, 7-2-2008]
The County Highway Engineer shall reserve the right to terminate the program agreement and remove the signs when it is found that:
Continuing the agreement would be counterproductive to the program's purpose, or have undesirable results such as increased litter or vandalism or would jeopardize the safety of the participants, traveling public or department employees;
The adopter is not meeting or has not met the terms and conditions of the agreement or any of the requirements set forth this Chapter; or
Actions of the adopter may be contrary to any restrictions on the use of appropriated funds for political activities.
Upon written notice to the County an adopter may terminate the agreement to participate in the Adopt-A-Road Program.