HomeMy Public PortalAboutORD14994 BILL NO. 2012-42
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NOM
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO THE ADOPT-A-STREET PROGRAM.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 15, Article V, Adopt-A-Street is hereby deleted.
Section 2. Chapter 32 is hereby amended by the addition of a new section, Article XII,
Adopt-a-Street and Adopt-A-Spot Programs, as follows:
ARTICLE X11. ADOPT-A-STREET AND ADOPT-A-SPOT PROGRAMS.
Sec.32-400. Definitions
Adopted section means a particular section of City right-of-way or other City property designated by the City
Administrator, or his or her designee to be adopted by the volunteer individual or group participating in an
Adopt-A-Street or Adopt-A-Spot program.
Adopter means the individual or group approved by the City Administrator,to be a participant in the Adopt-
A-Street or Adopt-A-Spot.
Adopter representative means a group member designated to represent the volunteer group and serve as its
liaison with the Citv Administrator. The adopter representative is the person who signs the agreement.
Agreement means the written agreement between the volunteer individual or group adopting a section of City
right-of-way or other City propertv and the City Administrator.
Applicant means the individual or group applying for participation in the Adopt-A Street or Adopt-A-Spot
Program.
Citv Administrator means the Citv Administrator of the City of Jefferson. Missouri,or his or her designee.
Department means the Department of Public Works.
Director means the Director of the Department of Public Works or his or her designee.
Litter means 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.
Participant means any individual including individuals within a group, who will be participating in a
program activity.
Program means the Adopt-A-Street or Adopt-A-Spot Program.
Program activity means activities authorized by this Article.
Signs mean the Adopt-A-Street or Adopt-A-Spot signs provided by the Department.
Drafters Note: Original text shown as"thus." Text changed from the original shown as "thus."
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Violent criminal activity means any offense having as an element the use,attempted use, or threatened use of
physical force against the person or property of another or anv offense involving weapons.
Sec.32-401. Application for Participation
A. The adopter or adopter representative of a group who desires to participate in the program shall
submit an application for the requested program to the CitV Administrator,on the form provided.
B. An application completed by an individual on behalf of a group or organization must identifv the
group or organization for which the application is being submitted and failure to identifv the group
or organization on the application will result in rejecting the application.
C. Adoption Eligibilitv. Civic and nonprofit 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 Citv Administrator reserves the right to limit
the number of adoptions for a single group.
D. The following applicants are not eligible to adopt:
1. 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. 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.
E. Acceptance of Application. The City Administrator has the authority to approve applications of
individuals or groups applving to participate in the program.
F. Denial of Application. The Citv Administrator 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 anv fraud or deception in an application. Material facts include statements
regarding convictions of violent criminal activity.
Sec.32-402. Agreement; General Responsibilities of Adopter and the Citv.
A. If an application is approved by the Citv Administrator the adopter or adopter representative shall
execute a written agreement with the Citv of Jefferson, which shall be approved by the City
Counselor, and upon signing by both parties, the agreement shall become effective and provides for
the individual's or group's participation in the program.
B. Responsibilities of Adopter. The adopter shall:
1. Abide by all provisions contained in the agreement and anv other terms and conditions as
required by the City Administrator; and
2. Provide to the Citv Administrator, the name and complete mailing address, including street
address, of the adopter representative. The adopter shall notifv the Citv Administrator
within thirtv(30)days of any change of the adopter representative's name or address; and
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3. Provide instruction to all members of the group participating in the program activity
regarding conducting all activities in a safe and careful manner, including awareness that
work next to any street may be an inherently dangerous activity; and
4. Properly use all equipment in a safe, responsible, and professional manner and have all
members watch a safety video provided by the Department; and
5. Provide one (1) adult supervisor for every eight (8) participants between thirteen and
seventeen (13-17) vears of age and one (1) adult supervisor for every four (4) participants
between ten and twelve(10-12)years of age.No one under the age of ten (10)will be allowed
to participate in the program; and
6. Adopt-a-section of right-of-way for a minimum of three (3) vears and submit a new
application every three (3) years if the adopter wants to continue participation in the
program; and
7. Restrict program activities to the areas of right-of-wav outside the pavement and shoulder
areas,
8. Perform program activity between the hours of one (1) hour after sunrise to one (1) hour
before sunset; and
9. Prohibit program activities during inclement weather; and
10. Prohibit participants from possessing, consuming, or being under the influence of alcohol or
drugs while participating in the program activity; and
11. Indemnify and hold harmless the City of Jefferson 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; and
12. Submit to the City Administrator, within five(5)working days of anv program activity, the
following information:
a. the adopter's name; and
b. the date(s)of the program activity; and
C. the total hours involved in the program activity; and
d. the total volunteers involved in activity; and
e. the total number of bags of trash picked up,or other activity performed.
13. Not subcontract or assign its responsibilities under this program to any other enterprise.
organization,or individual unless assignee is also eligible to adopt: and
14. Not decorate or alter the signs.
C. Responsibilities of the Citv. The City Administrator will:
1. Determine the specific section of right of-way or City property that is to be adopted;
2. Install and maintain a sign or signs, if desired by the adopter. Signs may be placed at both
ends of the adopted section,or at a single location as determined by the City Administrator.
3. Remove and dispose of filled trash bags from the adopted section as soon as practical after
the litter pickup is finished.
4. Provide the adopter with a safety video.
Drafters Note: Original text shown as "thus."Text changed from the original shown as"thus."
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Sec.32-403. Authorized Program Activity and Specific Responsibilities of Adopter.
A. Adopters may be authorized by the City Administrator to perform one or more of the following
activities.Onlv activities authorized in the Agreement shall be permitted:
1. Collection of litter;
2. Mowing and/or maintenance of plants and landscaping;
3. Planting or installation of approved landscaping plants and materials;
4. A combination of the above activities.
B. Responsibilities of adopters who are authorized to collect litter shall be as follows:
1. Collect litter along the adopted section four(4)times a vear,or as outlined in the
Agreement; and
2. Adopt a minimum of(1/2)mile or shorter length as determined by the City Administrator;
and
3. Place litter in trash bags and place filled trash bags at a designated location; and
5. Separate tires, batteries and other trash as needed for proper disposal according to local
landfill requirements; and
6. Notifv the City for disposal of filled litter bags as soon as possible after litter pickup.
C. Responsibilities of adopters authorized to mow, maintain,and/or install landscaping shall be as
follows:
1. Adopt a specific"spot." such as a round-about and/or area of right-of-way or other City
property,as agreed upon and specified in the Agreement;
2. Accomplish mowing in a safe manner and as needed to comply with all City codes.
3. If installing landscaping,submit a plan showing types of plants and materials proposed to be
used,and a schedule for maintenance. Planting and landscaping materials and the schedule
for maintenance shall be as approved by the City Administrator.
Sec.32-404. Signage
A. Upon request of an approved and finalized Adopter Agreement, the department shall erect one sign
for Adopt-A-Spot, or multiple signs designating the adopted sections for Adopt-A-Street programs.
B. The signs shall:
1. Identifv the adopter or, subject to the approval of the Citv Administrator, may identify an
individual in whose memory the adoption is being made; and
2. Be designed by the department as to size,color,and text; and
3. 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; and
4. 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; and
5. The signs shall not be altered or decorated by the adopter at anv time.
Drafters Note: Original text shown as "thus." Text changed from the original shown as "thus."
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C. The erection of a sign is not a requirement for participation in the program. If, during, the length of
the agreement, a sign is damaged, destroved, stolen, or removed from its foundation by an act of
vandalism, the department will erect a single replacement sign at department cost. 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 replacement sign at department cost. If the second replacement sign is damaged,
destroyed, stolen, or removed from its foundation by an act of vandalism, the department may
remove the sign if still present,and no replacement sign will be erected.
Sec.32-405.Modification or Termination of the Agreement.
A. The agreement may be modified or terminated at the discretion of the City Administrator.
B. After three (3)years of participation in the program, an adopter may terminate the agreement upon
notice to the Citv Administrator.
(Ord. 14803, §1,6-20-2011;Ord.No. 14829, §8. 8-1-2011)
Section 3. This ordinance shall be in full force and effect from and after its passage and
approval.
Passed: Approved:
n
X -
Presiding O ' Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk' City Counselor
Drafters Note: Original text shown as "thus." Text changed from the original shown as "thus."
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