CHAPTER 7
AREA SERVICE SYSTEM C ROAD CLASSIFICATION
TITLE IV - STREETS, ROADS,
TITLE.
An ordinance establishing the Area Service System C road
classification in
SECTION 1. PURPOSE
The purpose of this ordinance is to classify certain roads on the Area Service
System in
SECTION 2. DEFINITIONS
For use in this ordinance, certain terms or words used herein shall be defined
as follows:
A. Board: Shall mean the Board
of Supervisors of Jones County.
B. County: Shall mean
C.
SECTION 3. HOW ESTABLISHED
A. 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 persons who will have
access rights to the road. The resolution shall only allow access of the
road to the owner, lessee, or person in lawful possession, to 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.
B. 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 Iowa Code Section 331.305 (1999).
C. 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
SECTION 4. ACCESS
Access to any Area Service "C" road shall be restricted by means of a
gate or other barrier, as determined by the
SECTION 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 that
they are entering a section of road which has a lesser level of maintenance
effort than other public roads, and that access is limited.
SECTION 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 of the Code of Iowa (1999).
SECTION 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.
SECTION 8. POWERS OF THE BOARD
All jurisdiction and control over Area Service
"C" roads shall rest with the Board, pursuant to the Iowa Code
Section 309.67 (1999).
SECTION 9. EXEMPTION FROM LIABILITY
As provided in Iowa Code Section 309.57 (1999), 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.
SECTION 10. REPEALER
All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 11. SEVERABILITY CLAUSE
If any section, provision, or part of this ordinance shall be adjudged invalid
or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision, or part thereof not adjudged
invalid or unconstitutional.
SECTION 12. WHEN EFFECTIVE
The ordinance shall be in full force and effect from
and after its final passage, approval, and publication as provided by law.
Passed and approved August 31, 1999
Published September 15, 16, and 17, 1999