TITLE lV:
STREET, ROADS, PUBLIC WAYS
CHAPTER 3
CLASS “C” ROADS
4-3-1
Purpose
4-3-2
Definitions
4-3-3
How Established
4-3-4
Access
4-3-5
Signs
4-3-6
Trespass
4-3-7
Reclassification
4-3-8
Powers of the Board
4-3-9
Exemption from Liability
4-3-1 PURPOSE. The purpose of
this Chapter is to classify certain roads on the area service system in the
county as Area Service "C" roads so as to provide for a reduced
level of maintenance effort and restricted access, pursuant to Section
309.57, Code of Iowa.
4-3-1 DEFINITIONS. For use in this
ordinance, certain terms or words used herein shall be defined as follows:
1. Board:
shall mean the Board of Supervisors of Lee County.
2. County:
shall mean Lee County.
3. County
Engineer: shall mean the County Engineer of Lee County.
4-3-3 HOW ESTABLISHED.
1. RESOLUTION:
Roads may only be classified as Area Service "C” by resolution of the
Board upon petition signed by all landowners adjoining the road. The
resolution shall specify the level of maintenance effort and the person who
will have access rights to the road. The resolution shall only allow access
to the road to the owner, lessee, or person in lawful possession of any
adjoining land, or the agent or employee of the owner, lessee, or person in
lawful possession, to the agent or employee of any public utility, or to
any peace officer, magistrate or public employee whose duty it is to
supervise the use or perform maintenance of the road.
2. NOTICE
OF ACTION: Before the Board may take action on a petition to establish an
Area Service "C” road, a notice of the proposed action, including the
location of the Area Service “C" road and the time and place of the
meeting at which the Board proposes to take action on the petition, shall
be published as provided in Section 331.305, Code of Iowa.
3. BOARD
ACTION: At the meeting, the Board shall receive oral or written objections
from any resident or property owner of the county. After all objections
have been received and considered, the Board, at that meeting or a date to
which it is adjourned may take action on the petition after consultation
with the County Engineer.
4-3-4 ACCESS. Access to any
Area Service "C" road shall be restricted by means of a gate or
other barrier, as determined by the County Engineer. The gate shall be
purchased and installed by the County, and maintained by the adjoining
landowners. If not so maintained, the County may remove the gate.
4-3-5 SIGNS.
Area Service "C" roads shall
have signs conforming to the Iowa State Sign Manual installed and
maintained by the County at all access points to Area Service "C"
roads from other public roads, to warn the public they are entering a
section of road which has a lesser level of maintenance effort than other
public roads, and to warn the public that access is limited.
4-3-6 TRESPASS. Entering an
Area Service “C” road without justification after being notified or
requested to abstain from entering or to remove or vacate the road by any
person lawfully allowed access shall be a trespass as defined in Section
716.7, Code of Iowa.
4-3-7 RECLASSIFICATION. A road with an
Area Service "C” classification shall retain the classification until
such time as a petition for reclassification is submitted to the Board. The
petition shall be signed by one or more adjoining landowners. The Board
shall approve or deny the request for reclassification within 60 days of
receipt of the petition.
4-3-8 POWERS OF THE BOARD. All
jurisdiction and control over Area Service “C" roads shall rest with
the Board, pursuant to the Section 309.67, Code of Iowa.
4-3-9 EXEMPTION FROM LIABILITY. As provided in
Section 309.57, Code of Iowa, the
County and officers, agents and employees of the County are not liable for
injury to any person or for damage to any vehicle or equipment which occurs
proximately as a result of the maintenance of a road which is classified as
Area Service "C", if the road has been maintained to the level of
maintenance effort described in the establishing resolution.
November 18, 1997
|
SERVICES & INFORMATION