General Assembly: 81 (2006 Regular GA) - Chapter 1097 - Obstructions in highway rights-of-way


Published: 2006-04-26

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232LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1096

CH. 1096CH. 1096

CHAPTER 1096

ADOPTION — PRIOR CHILD SUPPORT AND CUSTODY PROCEEDINGS

H.F. 2463

AN ACT relating to adoption and termination of jurisdiction of a court involving prior child support and custody proceedings.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 600B.31A TERMINATION OF JURISDICTION OF COURT ISSUING ORIGINAL ORDER. If a proceeding is initiated in a court for an adoption involving the children of parentswhose

paternity, obligation for support, or custody determination has been determined under this chapter or for modification of a child support or custody order granted under this chapter, the following requirements shall be met if the proceedings are initiated in a court other than the court which issued the original order: 1. The party initiating the proceedings shall present to the court the names and addresses

of the parties to the original proceeding, if known, as well as the name and place of the court which issued the original order and the date of the original order. 2. The court in which the proceedings are initiated shall cause notice of the proceedings to

be served upon all the parties to the original order unless the parties are deceased. The court in which the proceedings are initiated or any party to the proceedings may also

request that a copy of the transcript of the proceedings of the court which issued the original order be made available for consideration in the new proceedings.

Approved April 26, 2006

_________________________

CH. 1097CH. 1097

CHAPTER 1097

OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY

H.F. 2515

AN ACT relating to obstructions in highways and providing penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 318.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. “Department” means the state department of transportation. 2. “Highway authority” means the county board of supervisors, in the case of secondary

roads, and the department, in the case of primary roads. 3. “Highway right-of-way” means the total area of land, whether reserved by public owner-

ship or easement, that is reserved for the operation and maintenance of a legally established public roadway. This area shall be deemed to consist of two portions, a central traveled way including the shoulders and that remainder on both sides of the road, between the outside shoulder edges and the outer boundaries of the right-of-way. 4. “Obstruction” means an obstacle in the highway right-of-way, or an impediment or hin-

233 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1097

drance which impedes, opposes, or interferes with free passage along the highway right-of- way not including utility structures installed in accordance with an approved permit. 5. “Officer” means any department employee, county employee, or elected county official. 6. “Traveled portion of the right-of-way” means that area of the highway right-of-way, not

including the shoulders, on which vehicles normally travel. 7. “Utility” means all private, public, municipal, or cooperative owned systems for water,

sewer, natural gas, electric, telegraph, telephone, transit, pipeline, heating plants, railroads, bridges, street lights, or traffic control signals. 8. “Utility structures”means the abovegrounddevices, requiredby autility, includingpoles,

lines, and wires, used for telephone, electric, natural gas, and other distribution or transmis- sion purposes, and natural gas and electrical substations.

Sec. 2. NEW SECTION. 318.2 PURPOSE. The purpose of this chapter is to enhance public safety for those traveling the public roads

and allow economical maintenance of highway rights-of-way.

Sec. 3. NEW SECTION. 318.3 OBSTRUCTIONS IN HIGHWAY RIGHT-OF-WAY. A person shall not place, or cause to be placed, an obstruction within any highway right-of-

way. This prohibition includes, but is not limited to, the following actions: 1. The excavation, filling, or making of any physical changes to any part of the highway

right-of-way, except as provided under section 318.8. 2. The cultivation or growing of crops within the highway right-of-way. 3. The destruction of plants placed within the highway right-of-way. 4. The placing of fences or ditches within the highway right-of-way. 5. The alteration of ditches,water breaks, or drainage tileswithin the highway right-of-way. 6. The placement of trash, litter, debris, waste material, manure, rocks, crops or crop resi-

due, brush, vehicles, machinery, or other items within the highway right-of-way. 7. The placement of billboards, signs, or advertising devices within the highway right-of-

way. 8. The placement of any red reflector, or any object or other device which shall cause the

effect of a red reflector on the highway right-of-way which is visible to passing motorists.

Sec. 4. NEW SECTION. 318.4 DUTY OF HIGHWAY AUTHORITIES. The highway authority shall cause all obstructions in a highway right-of-way under its juris-

diction to be removed.

Sec. 5. NEW SECTION. 318.5 REMOVAL AND COST. 1. An obstruction in a highway right-of-waywhich constitutes an immediate and dangerous

hazard shall, without notice or liability in damages, be removed by the highway authority. 2. An obstruction not constituting an immediate and dangerous hazard shall be removed by

thehighway authoritywithout liability after forty-eight-hournotice served in the samemanner in which an original notice is served, or in writing by certified mail, or in any other manner reasonably calculated to apprise the person responsible for the obstruction that the obstruc- tion will be removed at the person’s expense. The highway authority shall assess the removal cost. 3. Upon removal of the obstruction, the highway authority may immediately send a state-

ment of the cost to the person responsible for the obstruction. If within ten days after sending the statement the cost is not paid, the highway authoritymay institute legal proceedings to col- lect the cost of removal. The removal costs shall be assessed against the following persons, as applicable: a. The vehicle owner in the case of an abandoned vehicle. b. The abutting property owner in the case of a fence, other than a right-of-way line fence,

or other temporary obstruction placedwithin the highway right-of-way by the owner or tenant of the abutting property.

234LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1097

c. The owner or person responsible for placement of any other obstruction. 4. All removals shall be without liability on the part of any officer ordering or effecting such

removal.

Sec. 6. NEW SECTION. 318.6 PUBLIC NUISANCE. 1. Any personwho places, or causes to be placed, any obstruction in a highway right-of-way

as prohibited under section 318.3 is deemed to have created a public nuisance punishable as provided in chapter 657. 2. If a person is found guilty of placing an obstruction within a highway right-of-way, the

courtmay, in addition to any fine imposed, or judgment for damages or costs forwhich a sepa- rate execution may issue, order that the obstruction be abated or removed at the expense of the defendant. The costs for abatement or removal of the obstructionmay be entered as a per- sonal judgment against the defendant or assessed against the property where the obstruction occurred, or both.

Sec. 7. NEW SECTION. 318.7 INJUNCTION TO RESTRAIN OBSTRUCTIONS. Ahighway authoritymaymaintain a suit in equity aided by injunction to restrain an obstruc-

tion in a highway right-of-way. In such actions, the highway authority may cause the legal boundary lines of the highway to be adjudicated provided all interested parties are impleaded.

Sec. 8. NEW SECTION. 318.8 PERMIT REQUIRED. A person shall not excavate, fill, or make a physical change within a highway right-of-way

without obtaining a permit from the applicable highway authority. At the request of a permit- tee, amodificationmaybegranted in thediscretion of thehighwayauthority. Workperformed under the permit shall be performed in conformity with the specifications prescribed by the highway authority. If the work does not conform to permit specifications, the person shall be notified to make the conforming changes. If after twenty days the changes have not been made, the highway authority may make the necessary changes and immediately send a state- ment of the cost to the responsible person. If within thirty days after sending the statement the cost is not paid, the highway authority may institute legal proceedings to collect the cost of correction. A violation of the permit specifications shall be considered a violation of section 318.3. A public utility subject to section 306A.3 is exempt from this section.

Sec. 9. NEW SECTION. 318.9 UTILITY STRUCTURES. 1. a. A utility structure in a highway right-of-way used for telephone, electric, natural gas,

or other distribution or transmission purposes shall be removed by the owner or operator of the transmission lines upon written notice from the highway authority of not less than ninety days, to the owner and operator. The notice shall, with reasonable certainty, specify the utility structure to be removed, and shall be served in the same manner that original notices are re- quired to be served. If the owner or operator of the transmission line is unable to remove the utility structurewithin the required timedue to circumstances beyond the control of the owner or operator, the owner or operator shall file a request with the highway authority for an exten- sion of time to complete the work. b. If theowneroroperator of a transmission lineneedsauthorization from theutilitiesboard

or other governmental authority to relocate a utility structure or to obtain a new private ease- ment right for relocation of the utility structure, the owner or operator shall request an exten- sion of time within which to remove the utility structure. The highway authority shall grant an extension of time for at least ninety days following the date authorization is granted or the easement right is obtained. 2. Uponwritten application, the highway authority shall locate the construction of new tele-

phone, electric, or transmission lines or parts of lines, including natural gas pipeline, for the roads within the highway authority’s jurisdiction, subject to the jurisdiction of the utilities board under chapters 476, 478, and 479, as follows: a. The county engineer, or the board of supervisors if a county engineer is not available,

shall locate the lines for secondary roads.

235 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1097

b. The department shall locate the lines for primary roads. 3. The department and the county engineer, or the board of supervisors if a county engineer

is not available,maydesignate the location of a utility structurewithin a highway right-of-way. A utility structure that is not properly located within the highway right-of-way shall be re- moved within a time prescribed to a designated location. If not so removed, the highway au- thority may remove the utility structure and recover costs as provided in section 318.5.

Sec. 10. NEW SECTION. 318.10 FENCES. 1. A fence which constitutes an immediate and dangerous hazard shall, without notice or

liability in damages, be removed by the highway authority. In all other cases where a fence is an obstruction in a highway right-of-way, notice in writing of not less than thirty days shall be given to the owner, occupant, or agent of the land enclosed by the fence. 2. The notice shall, with reasonable certainty, specify the line to which the fences shall be

removed, and shall be served in the same manner that original notices are required to be served, or in writing by certifiedmail, or in any othermanner reasonably calculated to apprise the person responsible for the fence. 3. The department and the county engineer, or the board of supervisors if a county engineer

is not available, may designate the location of a fence within a highway right-of-way. A fence that is not properly located within the highway right-of-way shall be removed within a time prescribed to a designated location. If not so removed, the highway authoritymay remove the fences and recover costs as provided in section 318.5.

Sec. 11. NEW SECTION. 318.11 BILLBOARDS AND SIGNS. 1. No billboard or advertising sign or device, except a sign or device authorized by law or

approved by the highway authority, shall be placed or erected upon a highway right-of-way. 2. A billboard or advertising sign, whether on public or private property, that obstructs the

view of any portion of a public highway or of a railway track making the use of the traveled portion of the right-of-way dangerous is a public nuisance and shall be abated. The person responsible for the erection andmaintenance of the billboard or signmay be punished as pro- vided in chapter 657.

Sec. 12. NEW SECTION. 318.12 ENFORCEMENT. Ahighway authority shall enforce theprovisions of this chapter by appropriate civil or crimi-

nal proceeding or by both such proceedings.

Sec. 13. Section 68A.406, subsection 2, paragraph a, Code Supplement 2005, is amended to read as follows: a. Any property owned by the state or the governing body of a county, city, or other political

subdivision of the state, including all property considered the public right-of-way. Upon a de- termination by the board that a sign has been improperly placed, the sign shall be removed by highway authorities as provided in section 319.13 318.5, or by county or city law enforcement authorities in a manner consistent with section 319.13 318.5.

Sec. 14. Section 306.46, subsection 1, Code Supplement 2005, is amended to read as fol- lows: 1. A public utility may construct, operate, repair, or maintain its utility facilities within a

public road right-of-way. The location of new utility facilities shall comply with section 319.5 318.9. A utility facility shall not be constructed or installed in a manner that causes interfer- ence with public use of the road.

Sec. 15. Section 306C.13, subsection 8, paragraph f, Code 2005, is amended to read as fol- lows: f. Which do not comply with all applicable state or local laws, regulations and ordinances,

including but not limited to zoning, building, and sign codes as locally interpreted and applied and enforced, orwhich violate chapter 319 318; however, nothing in this division shall prevent

236LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1097

or restrict county or local zoning authorities from making a determination of customary use concerning size, lighting, and spacingof advertisingdevices in zoned commercial or industrial adjacent areas, and such determinations will be accepted in lieu of the standards of this divi- sion. Theprovisions of this division shall not prevent or restrict county or local zoningauthori- ties within their respective jurisdictions from establishing standards imposing controls strict- er than those required by this division.

Sec. 16. Section 311.32, Code 2005, is amended to read as follows: 311.32 ADMINISTRATION AND MAINTENANCE OF ROADS. Any road established by petition and any road improved by petition under this chapter shall

be administered andmaintained by the county under chapters 306, 309, 314, 317, and 319 318. However, the fact that right-of-way is donated by property owners for the establishment of a road or a portion of the cost of a road improvement is paid by property owners under this chap- ter, does not preclude the board of supervisors from exercising its responsibility over these roads as secondary roads.

Sec. 17. Section 331.362, subsection 7, Code 2005, is amended to read as follows: 7. The board shall cause the removal of obstructions on the secondary roads, in accordance

with chapter 319 318.

Sec. 18. Section 331.756, subsection 57, Code Supplement 2005, is amended to read as fol- lows: 57. Commence legal proceedings to remove billboards and signs which constitute a public

nuisance as provided in section 319.11 318.11.

Sec. 19. Chapter 319, Code 2005, is repealed.

Approved April 26, 2006

_________________________

CH. 1098CH. 1098

CHAPTER 1098

CHILD ABUSE AND UNREGISTERED CHILD CARE HOMES — NOTICE TO PARENTS, GUARDIANS, OR CUSTODIANS

H.F. 2564

ANACT relating to notification of parents, guardians, or custodians of children receiving child care from an unregistered child care home when it is determined that child abuse involv- ing the home has occurred.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 237A.5, subsection 2, paragraph f, Code 2005, is amended to read as fol- lows: f. If it has been determined that a child receiving child care from a child care facility or a

child care homewhich receives public funding for providing child care is the victimof founded child abuse committed by an employee, license or registration holder, child care home provid- er, or resident of the child care facility or child care home for which a report is placed in the central registry pursuant to section 232.71D, the administrator shall provide notification at the