[HISTORY: Adopted by the Town Board of the Town of Salina 4-12-2004
by L.L. No. 4-2004. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
Any nonprofit or profit-making nonpartisan group.
Any person associated with the organization or group.
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.
A.
The Town Board of Salina retains the sole discretion
to accept an organization or street site for inclusion in the Adopt-a-Road
Program.
B.
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.
C.
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.
D.
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.
A.
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.
B.
All participants must wear Department-approved protective
safety gear.
C.
Any vehicle used by a participant must be parked off
the roadway shoulder, even for purposes of dropping off and picking up participants.
D.
No work of any nature is to be performed by a participant
on the roadway pavement.
A.
The group will be required to pick up those materials
and supplies, provided by the Department, at the facility during normal work
hours.
B.
Materials and supplies will be returned to the facility
within one week following the pickup.
C.
The Department shall provide protective gear and trash
bags. Groups may provide their own Department-approved protective gear.
A.
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.
B.
The adoption shall be for a minimum two-year period.
C.
The group may adopt any section of street other than
one which is a state or county highway.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
The Department will publicize the execution of each Adopt-a-Road
agreement and will highlight it at various periods thereunder.
C.
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.
