Text: HSB00196 Text: HSB00198 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 309.57, Code 1995, is amended to read 1 2 as follows: 1 3 309.57 AREA SERVICE CLASSIFICATION. 1 4 The county board of supervisors, after consultation with 1 5 the county engineer, and for purposes of specifying levels of 1 6 maintenance effort and access, may classify the area service 1 7 system intotwothree classifications termed area service "A", 1 8andarea service"B.""B", and area service "C". The area 1 9 service "A" classification shall be maintained in conformance 1 10 with applicable statutes.Roads on the areaArea service "B" 1 11 classification roads may have a lesser level of maintenance as 1 12 specified by the county board of supervisors, after 1 13 consultation with the county engineer. Area service "C" 1 14 classification roads may have restricted access and a minimal 1 15 level of maintenance as specified by the county board of 1 16 supervisors after consultation with the county engineer. 1 17 Roads within area service "B"classificationand "C" 1 18 classifications shall have appropriate signs, conforming to 1 19 the Iowa state sign manual, installed and maintained by the 1 20 county at all access points to roads on this system from other 1 21 public roads, to adequately warn the public they are entering 1 22 a section of road which has a lesser level of maintenance 1 23 effort than other public roads. In addition, area service "C" 1 24 classification roads shall adequately warn the public that 1 25 access is limited. 1 26 Roads may only be classified as area service "C" by 1 27 ordinance upon petition signed by all landowners adjoining the 1 28 road. The ordinance shall specify the level of maintenance 1 29 effort and the persons who will have access rights to the 1 30 road. The county shall only allow access to the road to the 1 31 owner, lessee, or person in lawful possession of any adjoining 1 32 land, or the agent or employee of the owner, lessee, or person 1 33 in lawful possession, or to any peace officer, magistrate, or 1 34 public employee whose duty it is to supervise the use or 1 35 perform maintenance of the road. Access to the road shall be 2 1 restricted by means of a gate or other barrier. 2 2 Notwithstanding section 716.7, subsection 4, entering or 2 3 remaining upon an area service "C" road without justification 2 4 after being notified or requested to abstain from entering or 2 5 to remove or vacate the road by any person lawfully allowed 2 6 access shall be a trespass as defined in section 716.7. 2 7 A road which is given an area service "C" classification 2 8 shall retain the classification for two years. After two 2 9 years, a petition for area service "C" classifications may 2 10 again be submitted to the board of supervisors. The board of 2 11 supervisors, within sixty days of receipt of the petition, 2 12 shall approve or deny the request for area service "C" 2 13 classification. 2 14 The county and officers, agents, and employees of the 2 15 county are not liable for injury to any person or for damage 2 16 to any vehicle or equipment, or contents of any vehicle or 2 17 equipment, which occurs proximately as a result of the 2 18 maintenance of a road which is classified as area service"B,"2 19 "B" or "C" if the road has been maintained to the level 2 20 required for roads classified as area service"B.""B" or "C". 2 21 EXPLANATION 2 22 Currently, the county board of supervisors in consultation 2 23 with the county engineer may classify area service system 2 24 roads for the purpose of determining levels of maintenance. 2 25 The county has the authority to classify "A" and "B" area 2 26 service system roads. 2 27 This bill allows the county board of supervisors to 2 28 designate area service roads as class "C" roads to allow for 2 29 restricted access and a minimal level of maintenance. Roads 2 30 may only be classified as area service "C" by ordinance upon 2 31 petition signed by all landowners adjoining the road. The 2 32 ordinance must specify the level of maintenance effort and the 2 33 persons who will have access rights to the road. The county 2 34 may restrict access to the road to the owner, lessee, or 2 35 person in lawful possession of any adjoining land, or the 3 1 agent or employee of the owner, lessee, or person in lawful 3 2 possession, or to any peace officer, magistrate, or public 3 3 employee whose duty it is to supervise the use or perform 3 4 maintenance of the road. Access to the road shall be 3 5 restricted by means of a gate or other barrier. Class "C" 3 6 roads must have appropriate warning signs posted. The 3 7 classification of a class "C" road is valid for two years. 3 8 After the two-year period, a road may be redesignated as a 3 9 class "C" road if a petition signed by all of the adjoining 3 10 landowners is submitted to the board of supervisors. The 3 11 board of supervisors must approve or deny the petition within 3 12 60 days of receipt of the request. 3 13 The bill provides that the county is not liable for injury 3 14 to any person or damage to a vehicle or equipment which occurs 3 15 as a result of the maintenance of a class "C" road. The bill 3 16 provides that a person who has been notified and requested to 3 17 abstain from entering or to leave a class "C" road and who 3 18 enters or remains on the road without justification will be 3 19 guilty of a trespass. A trespass under section 716.8 is 3 20 punishable as a simple misdemeanor, which carries a fine of at 3 21 least $50, but not to exceed $100, or imprisonment not to 3 22 exceed 30 days. 3 23 LSB 2091HC 76 3 24 js/jj/8
Text: HSB00196 Text: HSB00198 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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