[HISTORY: Adopted by the Town Board of the Town of Salina 4-12-2004 by L.L. No. 4-2004. Amendments noted where applicable.]
Solid waste — See Ch. 200.
This local law is enacted pursuant to the authority and in accordance with General Municipal Law § 277. This local law shall be known as the "Town of Salina Adopt-a-Road Statute."
The Town of Salina hereby implements and establishes an Adopt-a-Road Program as authorized by § 277 of the General Municipal Law, the purpose of which is to reduce and remove litter from Town streets and roadways.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT SUPERVISION
- A person designated by the organization or group with authority to represent such organization or group and who is at least 18 years of age.
- The Town of Salina Highway Department.
- The Town Highway Superintendent or his designee.
- Any of the Highway Department facilities located within the Town of Salina.
- ORGANIZATION or GROUP (SHALL BE INTERCHANGEABLE)
- Any nonprofit or profit-making nonpartisan group.
- Any person associated with the organization or group.
- STREET WORK PERMIT
- As referenced in § 52 of the Highway Law as defined by Part 126 of Title 17 NYCRR, as prepared, distributed, and from time to time amended by the Town of Salina Highway Department.
The Town Board of Salina retains the sole discretion to accept an organization or street site for inclusion in the Adopt-a-Road Program.
The organization will be permitted to perform the following roadside maintenance activities: litter pickup; mowing; brush control and cutting; tree trimming; planting and maintaining Department-approved vegetation. The Director may modify this list as needed to accommodate specific situations.
The organization will place trash bags and other collected debris at one or more designated locations along the adopted roadway. The debris will be picked up and disposed of by Department forces on the next work day.
The minimum age of participants without adult supervision is 18 years. The minimum age with adult supervision is six years. A group shall provide a minimum of one adult supervisor for every six individuals between the ages of six and 18.
An organization will be required to organize and hold a safety briefing before each day's activity. The Department will provide a representative to present the first safety briefing, designating persons from the group to conduct all subsequent safety briefings. All participants must attend the safety briefing before participating in the clean-up efforts.
All participants must wear Department-approved protective safety gear.
Any vehicle used by a participant must be parked off the roadway shoulder, even for purposes of dropping off and picking up participants.
No work of any nature is to be performed by a participant on the roadway pavement.
The group will be required to pick up those materials and supplies, provided by the Department, at the facility during normal work hours.
Materials and supplies will be returned to the facility within one week following the pickup.
The Department shall provide protective gear and trash bags. Groups may provide their own Department-approved protective gear.
The specific obligations of the organization and the Department shall be as stipulated in an executed agreement, subject to the provisions of § 277 of the General Municipal Law of the State of New York.
The adoption shall be for a minimum two-year period.
The group may adopt any section of street other than one which is a state or county highway.
The normal length of street to be adopted shall be two blocks. The Director may modify the length requirements to accommodate requests to adopt intersections or other specific variations from normal length. The normal length shall not be reduced if to do so would, in the sole judgment of the Department, cause sign pollution by the erection of numerous signs.
The minimum frequency of litter pickup along streets is four times per year, with the first litter pickup occurring during the April through May spring clean-up period. The Director may modify the minimum frequencies to accommodate any specific conditions encountered.
The Director will be the Department's contact for the group and manage the agreement. The group will be required to designate one of its members as its coordinator.
The Director may modify the standard agreement on a case-by-case basis as noted above, to address the specifics of the group and the situation.
Notwithstanding any provisions of the agreement, if, in the sole judgment of the Director, it is determined that the group is not meeting the terms and conditions of the agreement, upon 30 days' notice or summarily if based upon unsafe activity, the Director may terminate the agreement and take such other action as he or she deems appropriate.
As a material part of each agreement, a group or organization shall agree to indemnify, defend and hold harmless the Town of Salina and all of its agents and employees from any and all claims, demands, actions or cause of action of whatsoever nature or character arising out of or by reason of the execution or performance of work and services provided for by the Town or the Department, and shall further agree to defend, at its own cost and expense, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. The foregoing notwithstanding, the group or organization shall at all times be subject to the provisions of § 277 of the General Municipal Law of the State of New York, which relieves the Town of Salina, its employees and agents (including the Director and the Department) from any liability for injury to the participants or other parties, and in addition the Town Board of the Town of Salina or the Director may require the group to provide a policy of liability insurance in form and amounts satisfactory to the Town Board or Director, naming the Town of Salina as additional insured and providing, without limitation, liability insurance coverage for property damage, bodily injury and the group's indemnity, defense and hold-harmless obligations hereunder.
The Department will provide the participants with protective safety gear and trash bags. Groups may provide their own Department-approved gear. The Department will pick up the debris and will provide a representative to present the first safety briefing. The organization's representative will conduct all subsequent safety briefings.
The Department will publicize the execution of each Adopt-a-Road agreement and will highlight it at various periods thereunder.
The Department will provide and install Adopt-a-Road signs stating the name of the adopting organizations. Signs will be placed at the beginning of each section of street adopted or at such other place as the Director shall deem appropriate.
The adopting group will be required to obtain a street work permit. The Department will waive the permit fee.