[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:
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.
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.
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.
Litter pickup and/or mowing.
The Adopt-A-Road signs provided by the department or approved
by the County Highway Engineer.
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]
A.Â
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.
1.Â
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.
B.Â
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:
1.Â
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
2.Â
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.
C.Â
Acceptance Of Application. The Highway Engineer has the
authority to approve applications of individuals or groups applying
to participate in the program.
D.Â
Denial Of Application. The Highway Engineer is authorized
to deny requests for participation in the program.
1.Â
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]
A.Â
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.
B.Â
Responsibilities Of Adopter. The adopter shall:
1.Â
Abide
by all provisions contained in the agreement and any other terms and
conditions as required by the Highway Department;
2.Â
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;
3.Â
Abide
by all safety requirements as listed in the department's safety brochure;
4.Â
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;
5.Â
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;
6.Â
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;
7.Â
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;
8.Â
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;
9.Â
Collect
litter along the adopted section four (4) times a year or as required
by the Highway Department;
10.Â
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;
11.Â
Restrict
program activities to the areas of right-of-way outside the pavement
and shoulder areas;
12.Â
Perform
program activity between the hours of one (1) hour after sunrise to
one (1) hour before sunset and not during inclement weather;
13.Â
Prohibit
participants from possessing, consuming or being under the influence
of alcohol or drugs while participating in the program activity;
14.Â
Place
litter in trash bags provided by the department and place filled trash
bags at a designated location;
15.Â
Separate
tires, batteries and other trash as needed for proper disposal according
to local landfill requirements;
16.Â
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;
17.Â
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;
18.Â
Submit
to the Highway Department within five (5) working days of any program
activity, the following information:
a.Â
The
adopter's name;
b.Â
The
date of the program activity;
c.Â
The
total hours involved in the program activity;
d.Â
Total
volunteers involved in activity; and
e.Â
The
total number of bags of trash picked up.
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This information can be provided by calling or e-mailing the
Highway Department representative identified on the agreement, or
by filling out and mailing the activity report form provided by the
department or posting the activity report on the website. This information
will enable the department to monitor the program's success;
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19.Â
Not
subcontract or assign its responsibilities under this program to any
other enterprise, organization or individual unless assignee is also
eligible to adopt; and
20.Â
Not
decorate or alter the signs after they have been approved and erected.
[Ord. No. 08-080 §5, 7-2-2008]
A.Â
The Highway
Department shall:
1.Â
Determine
the specific section of right-of-way that is to be adopted;
2.Â
Except
as approved by the County Highway Engineer, install and maintain signs,
if desired by the adopter, at both ends of the adopted section;
3.Â
Provide
the adopter with trash bags;
4.Â
Provide
a safety briefing and safety materials to the adopter which includes,
but is not limited to, a safety video and safety brochure;
5.Â
Provide
the adopter with a safety colored vest; and
6.Â
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]
A.Â
The signs
shall:
1.Â
Identify
the adopter or, subject to the approval of the Highway Department,
may identify an individual in whose memory the adoption is being made;
2.Â
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
3.Â
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.
B.Â
The signs
shall not contain wording that is obscene, profane or sexually suggestive
or implies an obscenity, profanity or sexual content.
C.Â
Signs
are not intended to be an advertising medium or serve as a means of
providing a public forum for the participants.
D.Â
The signs
shall not be altered or decorated by the adopter at any time after
approved by the Highway Engineer.
E.Â
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.
F.Â
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]
A.Â
The County
Highway Engineer shall reserve the right to terminate the program
agreement and remove the signs when it is found that:
1.Â
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;
2.Â
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
3.Â
Actions
of the adopter may be contrary to any restrictions on the use of appropriated
funds for political activities.
B.Â
Upon
written notice to the County an adopter may terminate the agreement
to participate in the Adopt-A-Road Program.
