[Amended 6-4-1997 by L.L. No. 2-1997]
A. No civil action shall be maintained against the Town
of Fenton (hereinafter referred to as "the Town") or the Town Superintendent
of Highways of the Town or against any improvement district in the
Town for damages or injuries to persons or property (including those
arising from the operation of snowmobiles) sustained by reason of
any highway, bridge or culvert being defective, out of repair, unsafe,
dangerous or obstructed unless written notice of such defective, unsafe,
dangerous or obstructed condition of such highway, bridge or culvert
operated or maintained by the Town was actually given to the Town
Clerk or the Town Superintendent of Highways, and that there was a
failure or neglect within a reasonable time after the giving of such
notice to repair or remove the defect, danger or obstruction complained
of; and no such action shall be maintained for damages or injuries
to persons or property sustained solely in consequence of the existence
of snow or ice upon any highway, bridge or culvert, unless written
notice thereof, specifying the particular place, was actually given
to the Town Clerk or the Superintendent of Highways and there was
a failure or neglect to cause such snow or ice to be removed or to
make the place otherwise reasonably safe within a reasonable time
after the receipt of such notice.
B. No civil action will be maintained against the Town
and/or the Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any defect in the sidewalks
of the Town or in consequence of the existence of snow or ice upon
any of its sidewalks, unless such sidewalks have been constructed
or are maintained by the Town or the Superintendent of Highways pursuant
to statute, nor shall any action be maintained for damages or injuries
to persons or property sustained by reason of such defect or in consequence
of such existence of snow or ice unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk or to the
Superintendent of Highways and there was a failure or neglect to cause
such defect to be remedied, such snow or ice to be removed, or to
make the place otherwise reasonably safe within a reasonable time
after the receipt of such notice.
[Amended 6-4-1997 by L.L. No. 2-1997]
The Town Superintendent of Highways of the Town
shall transmit, in writing, to the Town Clerk of the Town within 10
days after receipt thereof, all written notices received by him pursuant
to this article, and he shall take any and all corrective action with
respect thereto as soon as practicable.
[Amended 6-4-1997 by L.L. No. 2-1997]
The Town Clerk shall keep an index record in
a separate book of all written notices which the Town Clerk shall
receive of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon, or of an accumulation of ice and snow upon any
Town highway, bridge, culvert or a sidewalk, which record shall state
the date of the receipt of the notice, the nature and location of
the condition stated to exist and the name and address of the person
from whom the notice is received. The record of such notice shall
be preserved for a period of five years from the date it is received.
Nothing contained in this article shall be held
to repeal, modify or waive any existing requirement or statute of
limitations which is applicable to these causes of action but, on
the contrary, shall be held to be additional requirements to the rights
to maintain such action; nor shall anything herein contained be held
to modify any existing rule of law relative to the question of contributory
negligence nor to impose upon the Town, its officers and employees
and/or any of its improvement districts any greater duty or obligations
than that it shall keep its streets, sidewalks and public places in
a reasonably safe condition for public use and travel.