HomeMy Public PortalAboutORD14803 BILL NO. 2011-17
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. 14bP3
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI, BY CREATING THE ADOPT-A-STREET PROGRAM.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 15 (Health and Sanitation) is amended by the addition of a
new Article V (Adopt-A-Street Program) as follows:
CHAPTER 15
ARTICLE V. ADOPT-A-STREET PROGRAM
Sec. 15-200. Purpose
A. The purpose of the Adopt-A-Street Pro¢ram is to provide volunteer community support for litter
prevention and highway beautification programs with the potential for a cost savings to the Citv of
Jefferson.
B. This program will reduce litter along city streets, enhance the environment, and beautify City
roadsides.
C. The program is not intended as a means of providing a public forum for the participants to use in
promoting name recognition or political causes.City of Jefferson right of way is not a public forum.
Sec. 15-201. Definitions
Adopted section means a particular section of City right-of-way designated by the Director of Community
Development to be adopted by the volunteer individual or group participating in the Adopt-A-Street
Program.
Adopter means the individual or group approved by the Director of Community Development to be a
participant in the Adopt-A-Street Program.
Adopter representative means a group member designated to represent the volunteer group and serve as its
liaison with the Director of Communitv Development. 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 Citv
right-of-way and the Director of Community Development.
Applicant means the individual or group applying for participation in the Adopt-A Street Program.
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Department means the Department of Community Development
Director means the director of the Department of Community Development or his 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 the
program activity.
Program means the Adopt-A-Street Program.
Program activity means litter pickup and/or beautification and/or mowing.
Signs mean the Adopt-A-Street signs provided by the Department.
Violent criminal activity means any offense having as an element the use, attempted use, or threatened use of
phvsical force against the person or property of another or any offense involving weapons.
Sec. 15-202. Application for Participation
A. The adopter or adopter representative of a group who desires to participate in the program shall
submit an application to the Director on a form provided by the Director.
B. An application completed by an individual on behalf of a group or organization must identify the
rg oup 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.
C. Action Eligibility. 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 Director 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 Director has the authority to approve applications of individuals or
groups applying to participate in the program.
F. Denial of Application. The Director 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.
Sec. 15-203. Agreement: Responsibilities of Adopter and Director.
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A. If an application is approved by the Director, the adopter or adopter representative shall execute a
written agreement with the City of Jefferson,which may be approved by the City Administrator,and
upon signing by both parties, the aereement becomes 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 aereement and any other terms and conditions as
required by the Director; and
2. Provide to the Director with the name and complete mailing address, including street
address, of the adopter representative and notify the Director within thirty (30) days of any
change of the adopter representative's name or address; and
3. Have all members of the group participating in the program activity conduct all activities in
a safe and careful manner and be aware that work next to anv street can be an inherently
daneerous 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) years 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 highway 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;and
7. Collect litter along the adopted section four(4) times a year,or as required by the Director;
and
8. Adopt for litter pickup a minimum of(1/2) mile or shorter lengths as determined by the
Director; and
9. Restrict program activities to the areas of right-of-way outside the pavement and shoulder
areas; and
10. Perform program activity between the hours of one (1) hour after sunrise to one (1) hour
before sunset and not during inclement weather; and
11. Prohibit participants from possessing, consuming, or being under the influence of alcohol or
drugs while participating in the program activity;and
12. Place litter in trash bags and place filled trash bags at a designated location; and
13. Separate tires, batteries and other trash as needed for proper disposal according to local
landfill requirements; and
14. Indemnify and hold harmless the City of Jefferson and their officers, employees, and agents
from any claim, lawsuit or liability which may arise from adooter's participation in the
program or as provided by the law; and
15. Notify the Director for disposal of filled litter bags as soon as possible after litter pickup; and
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16. Submit to the Director within five (5) working days of any program activity, the following
information:
a. the adopter's name: and
b. the date 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.
17. 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.
C. Responsibilities of Director of Community Development. The Director of Community Development
will:
1. Determine the specific section of right of-way that is to be adopted;
2. Install and maintain signs, if desired by the adopter,at both ends of the adopted section:
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.
Sec. 15-204.Signage.
A. Upon request of an approved and finalized Adopter Agreement, the Director shall erect and
maintain a sign at both ends of the adopted section.
B. The signs shall:
1. Identify the adopter or,subiect to the approval of the Director of Community Development ,
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 any time.
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, destroyed, 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
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reinstallation of a removed sign is counted as a replacement sign erection. If the replacement sin 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 will
remove the sign from the premises if still present,and no further sign will be erected.
Sec. 15-205. Modification or Termination of the Agreement.
A. The agreement may be modified or terminated at the discretion of City Administrator.
B. After three(3)years of participation in the program,an adopter may terminate the agreement upon
notice to the Director of Communitv Development.
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Ghc v�l_� �� /i�� Approved: 0//
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Presidin cer Vayor
ATTEST: AP ED 1T0 FORM:
City Clerk City Counselor
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