Town of Potsdam, NY
St. Lawrence County
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Table of Contents
Table of Contents
Editor's Note: For statutory provisions, see Town Law, § 65-A.
[HISTORY: Adopted by the Town Board of the Town of Potsdam 5-13-1980 by L.L. No. 1-1980. Amendments noted where applicable.]

§ 20-1
Requisites for action for defective street. 

§ 20-2
Requisites for action for defective sidewalk. 

§ 20-3
Transmittal of notice to Town Clerk. 

§ 20-4
Record of notices. 

§ 20-5
Interpretation. 

§ 20-1 Requisites for action for defective street.

No civil action shall be maintained against the Town of Potsdam or the Town Superintendent of Highways of the town, or against any improvement district in the town for damages or injuries to person or property (including those arising from the operation of snowmobiles) sustained by reason of any highway, bridge, culvert, highway marking, sign or device, or any other property owned, operated or maintained by the town or any property owned, operated or maintained by any improvement district therein being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, highway marking, sign or device or any other property owned, operated or maintained by the town, or any property owned, operated or maintained by any improvement district, was actually given to the Town Clerk of the town or the Town Superintendent of Highways of the town and there was thereafter a failure or neglect within a reasonable time 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, culvert or any other property owned by the town or any property owned by any improvement district in the town, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the town or the Town Superintendent of Highways of the town 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.

§ 20-2 Requisites for action for defective sidewalk.

No civil action will be maintained against the town and/or the Town Superintendent of Highways of the town 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 maintained by the town or the Superintendent of Highways of the town pursuant to statute, nor shall any action be maintained for damages or injuries to person 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 of the town or to the Town Superintendent of Highways of the town 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 receipt of such notice.

§ 20-3 Transmittal of notice to Town Clerk.

The Town Superintendent of Highways of the town shall transmit, in writing, to the Town Clerk of the town, within five days after receipt thereof, all written notices received by him pursuant to this law, and he shall take any and all corrective action with respect thereto as soon as practicable.

§ 20-4 Record of notices.

The Town Clerk of the town shall keep an accurate record 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, or any other property owned by the town, or by any improvement district. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the town of the receipt of such notice.

§ 20-5 Interpretation.

Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations but, on the contrary, shall be held to be additional requirements to the rights to maintain such action. Nothing contained herein shall be held to modify any existing rule or 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.