Mailboxes in City Right-of-WayTHE CITY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Mailboxes in City Right-of-Way
DATE: November 5, 2009
Dubuque
tAlhAna;dca f
2007
In early April 2009, Engineering Department staff met with the City Manger regarding
mailbox supports constructed in the City's public right-of-way without approval or proper
permits, after a homeowner made a claim against the City for damage to their mailbox
estimated at $3,500.
The City does not have a formalized policy to regulate mailbox structures.
The United States Postal Service CUSPS) does not regulate customer mailbox supports,
rather that the boxes are owned and controlled by the customers, who are responsible
for ensuring that posts are neat and adequate strength and size, and further states the
ideal support is an assembly that bends or falls away when struck by a vehicle.
After researching other cities and their policies and regulatory documents, City
Engineering compiled a report of their findings. Non-breakaway mailbox structures are
prohibited in some cities and not regulated in other cities, and in some cases may
remain if insurance, indemnification or waiver is submitted by the owner to the city.
It is the opinion of Frank O'Connor, the City of Dubuque's insurance advisor, that it is
unlikely that homeowner insurers would name the City of Dubuque as an additional
insured on a homeowner's insurance policy.
Not only are the large structure mailboxes an obstruction in the right-of-way, they also
pose conflicts should the street be reconstructed or rehabilitated, if any utility work
needed to be performed, or if federal funds were to be utilized on a street designated on
the Functional Classification Street System. If federal funds are utilized, a "clear zone" is
identified and once again, the City would follow the criteria set in the Roadway Design
Guide, which generally states that supports located within the clear zone of the road or
street must meet acceptable breakaway standards.
City staff proposes the following actions be taken to address the existing unauthorized
structures, including an amendment to the Code of Ordinances prohibiting any future
mailbox structures or other encroachments of anon-breakaway design. The
Engineering Department will provide written notice to property owners of the known
mailbox structures as follows:
a) Advise property owners of city, state and federal regulations on mail
receptacles. An example of an approved support posts are wooden supports
no larger than 4" x 4", or 4" diameter or 1-1/2" to 2" diameter standard steel or
aluminum pipe, buried a minimum of 24 inches, packed dirt, gravel or
concrete, so that the support will safely break away if struck by a vehicle. The
mailbox must be securely attached to the support to prevent separation if
struck by a vehicle.
b) Advise property owners to either remove non-compliant structures or assume
the risk of any claims brought against the City for injury or damage caused by
the non-compliant mailbox. The property owner will be brought into any
claims or suits that may be brought against the City.
c) Advise the property owner that claims filed by the property owner for any
damage to the mailbox caused by any City equipment, personnel, process or
contractor, will be denied.
d) Amend the City of Dubuque Code of Ordinances to prohibit installations of
non-compliant mailbox structures and to establish standards for new mailbox
structures, including a requirement for new mailboxes to receive a City permit.
The City is aware of 62 non-breakaway structures currently in place in the City's right-
of-way. If this ordinance is adopted, the Engineering Department would begin
enforcement of this policy. An informational letter, including reference documents and
examples of approved support systems, would be sent to the U.S. Post Office, home
builders and masonry contractors to update them on the City's new policy regarding
mailbox supports, and a note would be added to all building permits with instructions for
new mailbox support standards.
The City Engineering Department is requesting concurrence with the proposed steps
and adoption of the attached amended ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi hael C. Van Milligen
MCVM:Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DUB E ~"~~~~~
Mastet~piece on the Mississippi
2007
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer ~ _ -
DATE: October 23, 2009
SUBJECT: Mailboxes in City Right-of-Way
INTRODUCTION
In early April, 2009, Engineering Department staff met with the City Manager regarding
mailbox supports constructed in the City's public rights-of-way without approval or
proper permits. This memo is written to provide a summary of staff findings to the City
Council and to make a recommendation for a City policy and procedure for non-
compliant mailboxes.
BACKGROUND
In January, 2009 an incident occurred when a City snow plow knocked down one of the
brick mailboxes in Shady Oaks Subdivision. A $3,500 claim was filed by the property
owner. The City Attorney's Office forwarded that claim to Public Entity Risk Services
(PERS). The claim was denied but did bring to the attention of the City Attorney's Office
and the Engineering Department the fact that there are a number of these mailbox
structures in the rights-of-way.
Under Iowa law, the City has the authority to require the removal of mailboxes and
planters in City right-of-way without showing of actual harm or danger if the structures
constitute a public nuisance. The City is aware of a number of mailbox structures of
various materials that are in City right-of-way without permission and are not
constructed with a "breakaway support".
DISCUSSION
The City does not have a formalized policy to regulate mailbox structures. Due to the
considerable number of non-breakaway mailbox structures within the City right-of-way,
a proposed procedure should be brought to the City Council for direction. As of the date
of this memo, 62 non-breakaway mailbox structures have been noted in the City.
City regulations and policies involving the public right-of-way are developed through the
use of many documents, manuals and guidelines. Those include the Iowa Code, City of
Dubuque Code of Ordinances, Federal Highway Administration and their Manual on
Uniform Traffic Control Devices, American Association of State Highway and
Transportation Officials (AASHTO), Iowa Department of Transportation, and the many
supplemental guides to those main publications. In this instance, the United States
Postal Service Standard Mailboxes, Curbside and the Postal Bulletin were also
reviewed in the development of the City's staff recommendation.
When new subdivisions are developed, the United States Postal Service (USPS) works
with the developer to use cluster (16 boxes) or curb line (4) for USPS service meeting
USPS regulations. USPS also states that it does not regulate customer mailbox
supports, rather that the boxes are owned and controlled by the customers, who are
responsible for ensuring that posts are neat and adequate strength and size, and further
states the ideal support is an assembly that bends or falls away when struck by a
vehicle. USPS refers customers to Federal Highway Administration (FHWA) and
American Association of State Highway & Transportation Officials (AASHTO) for
guidelines and more information.
After researching other cities and their policies and regulatory documents, City
Engineering compiled a report of their findings. Non-breakaway mailbox structures are
prohibited in some cities and not regulated in other cities, and in some cases may
remain if insurance, indemnification or waiver is submitted by the owner to the city.
It is the opinion of Frank O'Connor, the City of Dubuque's insurance advisor, that it is
unlikely that homeowner insurers would name the City of Dubuque as an additional
insured on a homeowner's insurance policy.
Not only are the large structure mailboxes an obstruction in the right-of-way, they also
pose conflicts should the street be reconstructed or rehabilitated, if any utility work
needed to be performed, or if federal funds were to be utilized on a street designated on
the Functional Classification Street System. If federal funds are utilized, a "clear zone" is
identified and once again, the City would follow the criteria set in the FHWA's AASHTO
Roadway Design Guide which generally states that supports located within the clear
zone of the road or street must meet acceptable breakaway standards.
City staff proposes the following actions be taken to address the existing unauthorized
structures, including an amendment to the Code of Ordinances prohibiting any future
mailbox structures or other encroachments of a non-breakaway design. The
Engineering Department will provide written notice to property owners of the known
mailbox structures as follows:
a) Advise property owners of city, state and federal regulations on mail
receptacles. An example of an approved support posts are wooden supports
no larger than 4" x 4", or 4" diameter or 1-1/2" to 2" diameter standard steel or
aluminum pipe, buried a minimum of 24 inches, packed dirt, gravel or
concrete, so that the support will safely break away if struck by a vehicle. The
mailbox must be securely attached to the support to prevent separation if
struck by a vehicle.
b) Advise property owners to either remove non-compliant structures or assume
the risk of any claims brought against the City for injury or damage caused by
the non-compliant mailbox. The property owner will be brought into any
claims or suits that may be brought against the City.
c) Advise the property owner that claims filed by the property owner for any
damage to the mailbox caused by any City equipment, personnel, process or
contractor, will be denied.
d) Amend the City of Dubuque Code of Ordinances to prohibit installations of
non-compliant mailbox structures and to establish standards for new mailbox
structures.
The City is aware of 62 non-breakaway structures currently in place in the City's right-
of-way. If this ordinance is adopted, the Engineering Department would begin
enforcement of this policy. An informational letter, including reference documents and
examples of approved support systems, would be sent to the U.S. Post Office, home
builders and masonry contractors to update them on the City's new policy regarding
mailbox supports, and a note would be added to all building permits with instructions for
new mailbox support standards.
ACTION TO BE TAKEN
The City Engineering Department is requesting concurrence with the proposed steps
and adoption of the attached amended ordinance.
cc: Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
Paul Schultz, Resource Management Coordinator
REFERENCED DOCUMENTS
Photo samples non-breakaway structures in public right-of-way.
State of Iowa Code Section 361.12
Responsibility for Public Places - "2. A city shall keep all public grounds, streets,
sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing
separations and approaches, public ways, squares, and commons open, in repair, and
free from nuisance,.."
City of Dubuque Code of Ordinance Section 41-116
Section 41-116. Intent and Purpose: indicates that the uncontrolled placement of
architectural features and other items in public places that present an inconvenience
and danger to the safety and welfare of persons using such public places are declared a
public nuisances; and, according to Section 41-2, the property owner who has
unauthorized obstructions in public places shall be guilty of a misdemeanor.
Manual on Uniform Traffic Control Devices
This manual defines crashworthy, sign support and placement and ground
mounted supports and further describes placements in the clear zone shall be yielding
or breakaway.
Iowa Traffic Control Devices & Pavement Marking Manual
This supplement to the MUTCD gives suggestions and examples related to traffic
control devices. It also suggests that mailboxes and supports in the traveled way be
crashworthy, suggests lateral placement from curb and gutter to be 8" to 12" and height
above curb and gutter to be 42". The supports located in the clear zone are suggested
to meet breakaway standards of u-channel, round pipes and square tubes or 4 x 4 wood
posts installed in normal soil. However, engineering judgment and other regulatory
standards are to be used for final decision making.
United State Postal Service - US Postal Service Standard Mailboxes, Curbside and
Postal Bulletin
USPS regulates the height and curbside box location for mail carrier access, it
does not regulate mailbox supports except for the purpose of carrier safety and delivery
efficiency. Its regulations state that posts and other supports for curbside mailboxes are
owned and controlled by customers; and the design of posts are often subject to local
restrictions, state laws and federal highway regulations. It also states that the use of
heavy metal posts or concrete posts are potentially dangerous supports.
A_ merican Association of State Highway and Transportation Officials
The Federal Highway Administration Safety manual states that the principal
guidance for mailboxes is contained in the AASHTO's Roadway Design Guide. This
roadway design guide sets the criteria and describes clear zone. Clear zone is an
unobstructed area adjacent to the traveled way that is provided to enable an errant
driver to return to the road or stop without potential for a serious crash. Atypical single
mailbox is mounded on a 4 x 4 wood post or 1-1/2" diameter light gauge pipe that is not
a serious threat to motorists.
ORDINANCE NO. 57-09
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, BY ADOPTING A NEW
ARTICLE F, MAILBOXES, ESTABLISHING STANDARDS FOR MAILBOXES IN PUBLIC RIGHTS-OF-
WAY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. City of Dubuque Code of Ordinances Title 10, Chapter 3, is amended by adding the
following new article:
ARTICLE F. MAILBOXES
10-3F-1: General:
Subject to the requirements of this Article, curbside delivery by United States Postal Service may be
provided to boxes at the curb so they may be safely and conveniently served by the carrier from the
carrier's vehicle.
10-3F-2: Permit:
No person, firm or corporation shall place a mailbox iri the public right-of-way without a permit therefor
from the City Manager.
10-3F-3: Placement and Design:
No person, firm or corporation shall place a mailbox in the public right-of-way unless such mailbox
complies with the classifications, placements, models, manufacturers, and breakaway construction
specifications in the United States Postal Services Standards and Postal Operations Manual or American
Association of State Highway and Transportation Officials, on file in the Office of the City Engineer.
10-3F-4: Nuisance:
A mailbox placed in the public right-of-way which does not meet the requirements of this Article is hereby
declared a public nuisance. Upon written notice from the City Manager, the property owner shall remove
a mailbox placed in the public right-of-way which does not meet the requirements of this Article, and if a
property owner fails to remove such mailbox, the City Manager shall cause the mailbox to be removed at
the property owner's expense.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this day of , 2009.
G V~ ~
Roy D. Buol, Mayor
Attest:
anne F. Schneider, CMC, City Clerk