For use in this chapter, the following terms are defined:
1. “Any person responsible” includes any person who personally does any act which constitutes the unauthorized use of the County secondary roadway right-of-way. “Any person responsible” includes any person who authorizes or contracts with another to do any act which leads to the unauthorized use of the County secondary roadway right-of-way. It is not a defense to this chapter that a person contracted with another person or entity and that the contractor did the act which constituted the unauthorized use of the County secondary roadway right-of-way. A person contracting with another shall have an ongoing duty not to permit the contractor to do work which involves the unauthorized use of the County secondary roadway right-of-way and to oversee the work done in order to ensure that it does not involve the unauthorized use of the County secondary roadway right-of-way. Evidence that work done on or to benefit a piece of property involved the unauthorized use of the County secondary roadway right-of-way shall be prima facie evidence that the owner and/or lessee of that property did authorize or permit the unauthorized use of the County secondary roadway right-of-way. A landlord and tenant shall both be in violation of this chapter if the unauthorized use of the County secondary roadway right-of-way was done with the knowledge, consent, approval or encouragement of the landlord. It shall be an “affirmative defense” to action under this chapter if the unauthorized use of the County secondary roadway right-of-way was done solely by the authority of the tenant without any knowledge, approval, consent or encouragement by the landlord. A tenant has an independent duty not to violate this chapter. It is not a defense under this chapter for the tenant that the unauthorized use of the County secondary roadway right-of-way was done with the knowledge, approval, consent or encouragement of the landlord unless the tenant played no part, directly or indirectly, in the action constituting the unauthorized use of the County secondary roadway right-of-way.
2. “County secondary roadway right-of-way” means the entire width, distance and portion of any property that the County has the right to use, whether by easement or fee, for roadway purposes. “County secondary roadway right-of-way” includes the traveled portion of the roadway, the shoulders and the ditches and embankments, including both fore slopes and back slopes, attached to any County secondary roads that are used for roadway purposes. Width of these properties varies and they have been removed from taxation due to their public usage.
3. “Unauthorized use of the County secondary roadway right-of-way” means any use of the County secondary roadway right-of-way that is not pre-authorized in writing by the Marion County Engineer and that occurs after the effective date of the ordinance codified in this chapter. It includes, but is not limited to excavating, filling or making any physical changes to any part of the County secondary roadway right-of-way; the cultivation and growing of crops on the County right-of-way; the destruction of plants placed in the County right-of-way; the placing of fences or ditches on the County right-of-way; the alteration of ditches, water breaks and drainage tiles on the County right-of-way; the placement of trash, junk, rocks, corn cobs, brush, vehicles, machinery or other items on or in the County right-of-way; and the placement of billboards, signs, hazardous mailbox supports, and advertising devices on the County right-of-way. “Unauthorized use of the County secondary roadway right-of-way” does not include the mowing or harvesting of grasses in the County right-of-way so long as the mowing or harvesting of grasses does not destroy or adversely affect the grasses or other plants in the County right-of-way or is not in violation of an integrated roadside vegetation management plan promulgated pursuant to Section 314.22(2) of the Code of Iowa. “Unauthorized use of the County secondary roadway right-of-way” does not include driving on the traveled portion of the roadway or parking a vehicle on the shoulder of the roadway for less than two (2) hours or parking a disabled vehicle on the shoulder of the roadway for less than twenty-four (24) hours. “Unauthorized use of the County secondary roadway right-of-way” does not include the actions of the Marion County Engineer or any agency of Marion County or the State of Iowa.