ORDINANCE NO. 290
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BADGER, WEBSTER COUNTY, IOWA, PERTAINING TO THE SETBACK OF MAILBOXES WITHIN THE CITY LIMITS OF BADGER, IOWA
Be It Enacted by the City Council of the City of Badger, Iowa:
The Code of Ordinance of the City of Badger, Iowa, 2003 by amending Chapter 120.31 - C. Changing the set back of a mailbox to Building and Land Use Regulations.
SECTION 1. PURPOSE. The City's right-of-way is held by the City primarily for the purpose of pedestrian and vehicular passage and for the City's provision of essential public safety services, including police, fire and emergency medical response services, and public health services, including sanitary sewer, water and storm drainage. The purpose of this chapter is to provide standards for mailboxes in order to maintain the safety and the visual character of the City's right of way.
120.31 MAILBOXES.
1. Location of Mailboxes. Mailboxes may be erected to serve postal patrons who live on an approved rural route provided:
A. They are located more than on-fourth mile from the Post Office. Exception to the one-fourth mile: A patron living on carrier’s line of travel may request delivery on that already established route.
B. Their property is abutted to the rural route.
C. Boxes shall not be set closer than twenty-five (25) feet to an intersection; said intersection shall be determined by measuring twenty-five (25) feet from the middle of the intersecting street, down the street the mailboxes are to be placed upon. Mailboxes shall not be placed closer than ten (10) feet from any alley. Mailboxes meeting the above specifications may be placed in the street right-of-way provided that the front of the mailbox shall be at least 8 inches behind the curb or edge of the traveled portion of the road. The bottom of the mailbox shall be 41 ½ inches to 45 inches high from the ground. Plantings or landscaping shall not exceed out further than front of mailbox or 8 inches away from edge of road. Said boxes shall not obstruct a paved sidewalk for pedestrians and where the roadway has a shoulder to be maintained, said boxes and support shall be placed so as not to interfere with the road maintenance, snow removal or garbage pickup.
2. Maintenance of Approaches. The owner or postal patron shall be responsible for all costs of the erecting, maintaining and replacing any mailbox located pursuant to this section. Such responsibility is that of the owner or patron regardless of the cause for any needed maintenance or replacement. The City shall not be responsible for surfacing, grading or maintaining said approaches. If snow removal near a mailbox cannot be satisfactorily accomplished by the City during snow removal operations, it shall be the responsibility of the property owner or patron to remove the snow obstruction.
3. Nonconforming Existing Mailboxes. All existing mailboxes in the City at the time of the effective date of the ordinance codified by this section will be allowed until November 30th, 2009 to meet requirements. A mailbox installed after said effective date must meet the requirements and specifications of this chapter.
SECTION 2. 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 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
Passed and approved this 12 day of October, 2009.
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Alvin Conkling, Mayor
ATTEST:
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Nadine Odor, City Clerk
1st Reading___10-12-2009__________________
2nd Reading___Waived__________________
3rd Reading___Waived__________________
I certify that the foregoing was published as Ordinance NO 290 on the ___ day of October, 2009
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Nadine Odor, City Clerk