(a) Establishment. The chief engineer shall establish an “Adopt-A-Block Graffiti and Litter Removal Program” that shall be administered by the department of facility maintenance. The chief engineer may adopt rules or policies and shall adopt forms necessary to implement this section.
(b) Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Adopter. A person adopting a block or portion thereof under the program established pursuant to this section.
Block. One side of any street, the length of such side extending between two consecutive intersections; or, in the case of a dead-end street, one side of such dead-end street, the length of such side extending between the dead-end and the nearest intersection.
Bus Stop Shelter or Bench. A shelter or bench owned by the city and located at an official or unofficial bus stop for the use of persons waiting for a city bus.
Chief Engineer. The chief engineer of the department of facility maintenance.
Curb. Has the same meaning as defined in § 14-14.2.
Department. The department of facility maintenance.
Graffiti. Any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances. Graffiti also means any unauthorized sticker, decal, or tape.
Person. Individuals, corporations, firms, associations, societies, communities, and assemblies.
Program. The Adopt-A-Block Graffiti and Litter Removal Program established pursuant to this section.
Public Facility. Any city-owned light post, traffic control box or device, or sign.
Sidewalk. Has the same meaning as defined in § 14-14.2.
(c) Elements of program. The program shall at a minimum include the following elements:
(1) Interested persons may volunteer to remove or cover graffiti on walls, public facilities, and bus stop shelters and benches along a city block or blocks and remove litter from these facilities and public sidewalks and curbs along a city block or blocks specified by the persons, which block or blocks shall be “adopted” by the persons for the purposes of this section. A portion of a block may be adopted, provided that the portion is a minimum of 200 feet in length;
The adopter shall enter into an agreement with the department:
(A) To adopt the block or portion thereof for a minimum of two years; and
(B) To perform the applicable of the following on the same day at least four times a year:
(i) To remove litter from the public sidewalks and curbs along the adopted block or portion;
(ii) To remove or cover graffiti on walls and public facilities along the adopted block or portion; and
(iii) If there is a bus stop shelter or bench on the adopted block, to also remove or cover any graffiti on the shelter or bench;
(2) The department shall provide the adopter with the supplies and materials necessary to remove or cover the graffiti and collect the litter, including but not limited to cleaning agents, paint, brushes, trash bags, and gloves, at no charge to the adopter. The paint provided by the department need not match the existing color of the wall. The department also shall provide instruction on proper removal, painting, and safety procedures. The adopter shall return any unused or reusable supplies and materials to the department after each graffiti and litter removal operation. The department shall be responsible for the prompt removal of all filled trash bags after each graffiti and litter removal operation. This subdivision shall not preclude the adopter from providing its own supplies and materials, provided that they are approved by the department, or from removing filled trash bags;
(3) Walls not owned by the city shall not be subject to the program unless the adopter obtains the written consent thereto from the owner of the wall. The owner’s consent shall be obtained on a form prescribed by the chief engineer and shall include a provision holding the city harmless with respect to claims for injury or damage by the owner or the owner’s lessees, agents, employees, customers, or invitees arising from the removal or covering of the graffiti. The department shall assist the adopter in identifying the owner of any wall not owned by the city along the adopted block or portion thereof;
(4) All of the adopter’s participants shall be at least 12 years of age. The adopter shall provide adequate and necessary supervision of all participants under the age of 18. There shall be at least one adult supervisor for every five or fewer participants between the ages of 12 and 17. A signed parental release form shall be provided for every participant between the ages of 12 and 17; and
(5) The agreement between the adopter and the department may be terminated by either party on written notice to the other.
(d) Additional authority of chief engineer. The chief engineer may:
(1) Declare a block or portion thereof as ineligible for the program if its location or physical attributes would pose safety hazards to the adopter or the public;
(2) Impose additional requirements for adoption not in conflict with this section and in the interests of public safety or necessary for practical administration of the program;
(3) Require the adopter or the owner of any wall along the adopted block or portion thereof who consents to inclusion of the wall in the program to execute such releases, indemnity agreements, and similar agreements as the chief engineer may deem advisable in consultation with the corporation counsel; and
(4) Attach to a bus stop shelter or bench or bus stop sign pole a plaque citing the adopter’s adoption of the block. To be eligible for a plaque, the block adopted shall consist of a city block that includes a city-owned bus stop shelter or bench on it. The chief engineer shall have the authority to determine whether and where to attach a plaque, but that authority shall be exercised in accordance with this subdivision and other applicable law or ordinance and after consultation with the director of transportation services. A plaque shall state: “______________ (Adopter’s name) Adopt-A-Block Cleanup Program.” It shall not include any other word or logo, trademark, symbol, or other image. The chief engineer shall determine the dimension, design, and coloring of a plaque; provided that, if the plaque is to be attached to a bus stop sign pole, it shall be smaller than the bus stop sign, attached beneath the sign, and designed and oriented so as not to constitute a traffic or pedestrian hazard. A plaque shall be deemed a “public sign,” not “plaque,” for the purpose of the land use ordinance. When the chief engineer attaches or directs the attachment of a plaque in accordance with this section, the action shall be deemed a performance of a public duty for the purpose of HRS Chapter 445, Part IV.
(1990 Code, Ch. 2, Art. 8, § 2-8.3) (Added by Ord. 98-07; Am. Ords. 99-21, 16-29)