§ 2-21 Adopt-a-Highway Program.
RCNY § 2-21
(a)Purpose. The purpose of the Adopt-a-Highway Program is to enlist the help of maintenance providers, sponsors, and/or volunteers to assist in cleaning and beautifying the City's highways through litter and graffiti removal, tree trimming, sweeping, mowing, planting flowers or trees, and other landscape maintenance along designated highway routes.
(b)Definitions. For purposes of this section, the following terms have the following meanings: (1) Adopted segment means a particular section of the highway designated by the Commissioner to be adopted by a sponsor or volunteer participating in the Adopt-a-Highway Program. In addition to the section of the highway, adopted segments may include highway exits, entrances, or service roads.
(2)Adopter means a sponsor or a volunteer approved by the Department to be a participant in the Adopt-a-Highway Program.
(3)Maintenance provider means a business entity approved by the Department to provide professional maintenance services on an adopted segment according to a permit issued by the Department.
(4)Maintenance provider agreement means a written agreement between a maintenance provider and the Department.
(5)Maintenance services means work performed at the adopted segments that may include, but is not necessarily limited to, litter removal, tree trimming, graffiti removal, mechanical sweeping, mowing, planting flowers or trees, and other landscape maintenance.
(6)Sponsor means any individual, business, corporation, or organization that enters into an agreement with a maintenance provider to perform maintenance services in a designated adopted segment.
(7)Sponsor agreement means a written agreement between a sponsor and a maintenance provider.
(8)Volunteer means any individual or group, other than those employed by a maintenance provider, who enters into a volunteer agreement with the Department to perform maintenance services on an adopted segment without compensation and in accordance with a permit issued by the Department.
(9)Volunteer agreement means a written agreement between the volunteer adopting an adopted segment and the Department.
(c)General requirements.
(1)Applications for Participation.
(i)Sponsors. Any individual, business, corporation or organization who desires to participate in the Adopt-a-Highway Program as a sponsor must obtain from the Department a list of maintenance providers with whom the sponsor may enter into a maintenance provider agreement. A government official, candidate for elected office, or group affiliated with a political party or campaign may not be a sponsor.
(ii)Maintenance providers. Any business entity who desires to participate in the Adopt-a-Highway Program as a maintenance provider must submit an application by mail or electronically to the Department using the Department's Maintenance Provider and Related Services Application.
(iii)Volunteers. Any individual or group who desires to participate in the Adopt-a-Highway Program as a volunteer must submit an application by mail or electronically to the Department using the Department's Adopt-a-Highway Volunteer Application.
(d)Permits. A volunteer or maintenance provider whose application to participate in the Adopt-a-Highway Program has been approved must obtain a permit in order to perform work on the adopted segment.
(e)Levels of service.
(f)Work areas. Adopters must perform maintenance services in the areas detailed in the maintenance provider segment. Work areas may include areas on the curbside of highway segments between the travel way and the service or collector road, on and off ramps, and center areas of split roadways.
(g)Sponsors and maintenance providers.
(iv)Obtaining a maintenance provider work permit.
(v)Performing all maintenance services in accordance with the maintenance provider agreement, maintenance provider permit, and sponsor agreement.
(vi)Maintaining records for each adopted segment including: – Name of sponsor – Description and length of each adopted segment – Gross value (including in-kind goods and services) of sponsor contribution – Levels of maintenance services provided – Time period covered by the maintenance provider's agreement with the sponsor (vii) Supplying all labor, equipment and capital resources necessary to perform the maintenance services in accordance with the maintenance provider agreement, maintenance provider permit, and sponsor agreement.
(viii)Always using a backup truck with arrow board and impact attenuator when performing mechanical sweeping.
(ix)Picking-up and bagging litter and clippings; placing bags and bulk debris on the shoulder of each adopted segment.
(x)Transporting field personnel in commercial vehicles.
(xi)Performing maintenance services only during hours specified in the maintenance provider permit.
(xii)Ordering a sign as soon as the maintenance provider work permit application is approved by the Department.
(xiii)Providing a sign to the Department for installation at the adopted segment.
(xiv)Maintaining the sign so that it is dirt and graffiti free and unobstructed.
(xv)Recycling whenever possible when performing maintenance services.
(xvi)Scheduling maintenance services at the adopted segment from Monday through Thursday, except where Friday is needed to make-up for cancellations due to weather, or unless authorized by the Department.
(xvii)Performing all administrative work associated with the program including billing and related services with the sponsor.
(10)Equipment.
(11)Subcontracting. Subcontracting of litter pickup at the adopted segment is not permitted. Maintenance providers may subcontract other maintenance services. All subcontractors must be approved by the Department prior to performing any work at any adopted segment, obtain all insurance as required of maintenance providers by this section, and comply with the terms of the maintenance provider permit, the Adopt-a-Highway Guidelines published by the Department, any other terms and conditions as required by the Department, and all applicable laws, rules, and regulations.
(12)Hazardous debris removal. Maintenance provider field personnel must not touch or attempt to remove materials from the adopted segment which may be toxic or otherwise hazardous. Items to avoid include powders, chemicals, smelly substances, suspicious packages, chemical drums or containers, weapons, medical waste, syringes or hypodermic needles, dead animals, or bulk items that cannot be put in litter bags (such as car parts or larger items). Maintenance provider field personnel must immediately notify the Department of the location of these items.
(13)Notifications to the Department.
(14)Failure to maintain adopted segments. Maintenance providers will be notified as follows if the Department determines that an adopted segment was not maintained as scheduled: (i) First observation. If, upon inspection, the Department observes that an adopted segment was not maintained as scheduled, the Department will verbally provide the maintenance provider with 24-hour notice to perform the required maintenance services. At the end of the 24-hour period, if the maintenance provider has not performed required maintenance services, the Department will provide written notification that the maintenance provider has an additional 24-hour period to perform such required maintenance services.
(15)Solicitation of sponsors by maintenance providers.
(16)Changes in levels of service. The Department may change the minimum levels of service for an adopted segment and will notify the adopter of such changes in levels of service no fewer than 30 days prior to such change in levels of service being in effect.
(17)Termination. The Department may terminate, revoke, or deny renewal to a sponsor or adopter of the Adopt-A-Highway program for any reason, including, but not limited to, safety concerns, failure to comply with this section, the Adopt-a-Highway technical guidelines, any applicable laws, rules, and regulations, or if the Department determines that participation of the sponsor or adopter is not in the public interest.
(h)Volunteers.
(vii)Working on adopted segments only during hours specified in the volunteer permit.
(j)Reserving segments. Adopters may not reserve or hold segments. Once a permit has been issued for a segment, the maintenance provider or volunteer must begin performing maintenance services in accordance with the terms and conditions of the permit within such time as is specified in the sponsor agreement and/or volunteer agreement.
(k)Adopt-a-Highway Signs.
(l)Field inspections of adopted segments. The Department will perform inspections of the adopted segment to assure that maintenance providers and volunteers are performing maintenance services as required under their permits and agreements.
(m)Voiding and revoking permits.
