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HomeMy Public PortalAboutORD 203-03-2016_Mailbox Standards_03152016203-03-16 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO ESTABLISHING CONSTRUCTION STANDARDS FOR THE INSTALLATION OF MAILBOXES INSTALLED WITHIN OR UPON A PUBIC SIDEWALK OR A PUBLIC RIGHT-OF-WAY; AMENDING SECTIONS 6-4-10 AND 8- 3-2 OF THE IONA CITY CODE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY AND FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amending Section 6-4-10 of the Iona City Code: Section 6-4- 10 of the Iona City Code is hereby amended as follows: 6-4-11: PENALTIES: (A) Any person who fails to perform his or her duty under Section 6-4-1 of this Chapter within the time frames set forth in Section 6-4-2 of this Chapter, shall be guilty of an infraction for every twenty-four (24) consecutive hour period of his or her failure to comply with the duty imposed by such sections. (B) Any person who violates Section 6-4-8 of this Chapter is guilty of an infraction for every twenty-four (24) consecutive hour period of his or her failure to comply with the duty imposed by such sections. (C) Any person who violates Section 6-4-9 of this Chapter is guilty of an infraction. Section 2. Adopting Section 6-4-10 of the Iona City Code: Section 6-4-10 of the Iona City Code is hereby adopted as follows: 6-4-10: INSTALLATION OF MAILBOXES WITHIN PUBLIC RIGHTS OF WAY: Mailboxes for receipt of United States mail may be installed within the public right-of- way, subject to the following restrictions and standards: (A) Mailbox structures may be installed within the public right-of-way at any point along the nearest edge of the graveled surface or asphalt roadway paralleling the owner's front property line or along the far edge of such graveled surface or asphalt roadway. Notwithstanding the foregoing, no mail box shall be installed within the triangular area adjacent to a corner lot, the sides of which are bounded by three corner points, one of which is the point of intersection of the edges of the paved or graveled roadway surfaces running parallel to such corner lot and the other two corner points being located at a distance of fifteen feet from such intersection and running along each edge of the road way surface forming such intersection. (B) All mailbox receptacles shall be permanently and securely affixed on the top of a vertical metal pipe, bar or wood post. The bottom of the mailbox shall be located at a height no greater than forty-eight inches (48") as measured from the surface of the roadway. The front edge of the mailbox receptacle shall maintain a set back of not less than eight inches (8") as measured from the vertical projection of the edge of the graveled or paved roadway. The metal pipe or bar shall not exceed two inches (2") in diameter or two inches (2") on a side if rectangular. The wood post shall be square and not exceed four inches (4") on any side. The depth of the pipe, bar or wood post below grade shall not exceed twenty-four (24"). Private mailbox receptacles may be grouped upon one (1) support, not to exceed fata-rtwo (42) per grouping per property frontage. (C) Community mailboxes comprised of more than four (4) receptacles may be installed only at a location approved in writing by the Public Works Director or the City Council. Such mailboxes shall be provided by the U.S. Postal Service or be of a design approved by the U.S. Postal Service. (D) The supporting pipe, bar, or wooden post for private mail boxes and/or community mailboxes shall be securely planted in the soil with cement or asphalt surrounding the supporting pipe, bar or post. Barrels, cans, buckets, stones, masonry or any other similar above -ground receptacles or structures are prohibited. (E) Spikes, decorations, metal works or other items shall not protrude from the structure in a manner which creates an unreasonable risk of bodily injury or harm to pedestrians. No mailbox receptacle or supporting structure shall be installed in a manner or at a location which creates an unreasonable risk of bodily injury or harm to pedestrians or which impedes the safe and efficient flow of vehicular traffic, including, without limitation, snow plows, maintenance vehicles and sanitation trucks. (F) A permit for public right of way construction pursuant to section 8-3-2 of this Code shall not be required for the installation of a mailbox structure within the public right of way, provided such installation conforms to the provisions of this section. (G) All non -conforming, existing mailbox receptacles or supporting structures located within the public right of way shall be brought into conformity with the provisions of this section within one hundred twenty (120) days after the effective date of the ordinance adopting this section, except mailbox structures which do not comply with subsection (E) hereof shall be brought into conformity within ten (10) days after such effective date. Section 3. Amending Section 8-3-2 of the lona City Code: Section 8-3-2 of the lona City Code is hereby amended as follows: 8-3-3: EXCEPTIONS: Unless facts exist which would reasonably cause an excavator to believe that an underground facility exists within the depth of the intended excavation, a permit shall not be required for the following excavations: (A) The tilling of soil to a depth of less than 15 inches for agricultural purposes; (B) For placement of highway guardrail posts, sign posts, delineator posts, culverts, electric poles, telephone poles and traffic control device supports in the same approximate location and depth of the replaced item within a public highway right of way. (C) For the placement of a private mailbox structure, provided such placement conforms to section 6-4-10 of this Code. Section 4. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text. Section 5. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 6. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 7. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this WA day of March, 2016. Brad Andersen Mayor ATTEST: a Roberts City Clerk (SEAL) STATE OF IDAHO )ss. County of Bonneville I, SHARA ROBERTS, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of an Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO ESTABLISHING CONSTRUCTION STANDARDS FOR THE INSTALLATION OF MAILBOXES INSTALLED WITHIN OR UPON A PUBIC SIDEWALK OR A PUBLIC RIGHT-OF- WAY; AMENDING SECTIONS 6-4-10 AND 8-3-2 OF THE IONA CITY CODE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY AND FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." 'tiara Roberts City Clerk G:\W PDATA\DW S\2708 City of Iona\Public Works\Ordinances\Mailbox Ordinance\Mailbox ord.cmp8v7.wpd