(1) Organizations, businesses, and individuals are eligible to participate in the adopt-a-highway program, either as volunteers or through sponsorship of private contracts, provided there is a section of highway available, in the opinion of the department of transportation, that the section can be safely assigned.

(2) An organization, business, or individual is not eligible if its name (a) endorses or opposes a particular candidate for public office, (b) advocates a position on a specific political issue, initiative, referendum, or piece of legislation, (c) includes a reference to a political party, or (d) includes a reference to anything that may be considered or construed to be obscene or offensive to the general public.

(3) Organizations, businesses, individuals, or contractors that have been denied participation due to lack of compliance to a previous adopt-a-highway agreement shall not be eligible to participate for a period of five years following the termination date of the previous agreement.