Clayton County, Iowa - Area Service C Road Ordinance

Courthouse Hours:

Treasurer

M-F 8:30 AM - 4:00 PM

Assessor/Auditor/Recorder

M-F 8:00 AM - 4:30 PM

Supervisors

M & W 9:00 AM - 4:00 PM

CLAYTON COUNTY ORDINANCE NO. 1-1997

Title: An Ordinance Establishing the Area Service 'C' Road Classification in Clayton County, Iowa.

Section 1. PURPOSE

The purpose of this ordinance 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 Iowa Code Section 309.57 as amended by House File 419 (1996).

Section 2. DEFINITIONS

For use in this ordinance, certain terms or words used herein shall be defined as follows:

Board - shall mean the Board of Supervisors of Clayton County.
County - shall mean Clayton County.
County Engineer - shall mean the County Engineer of Clayton County

Section 3. HOW ESTABLISHED

RESOLUTION: Roads may only be classified as Area Service 'C' by resolution of the Board upon petition signed by 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 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.
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(1995).
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 the meeting or a date to which it is adjourned, may take action on the petition after consultation with the County Engineer.

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 County Engineer. The gate shall be purchased, installed and maintained by the adjoining landowners. If not so maintained, the County may remove the gate. A gate shall be a minimum of 4 rows of wire or cable at least 24" off the ground, with 12" spacings.

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 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.

Section 6. TRESPASS

Entering an Area Service 'C' road without jurisdiction 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 (1995).

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. A minimum roadway condition standards for reclassification shall be required with any expense to petitioner.

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(1995).

Section 9. EXEMPTION FROM LIABILITY

As provided in Iowa Code Section 309.57 (1995), 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 established 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 effect after its final passage, approval and publication as provided by law.

Last Modified: 1/3/2008