[HISTORY: Adopted by the Town Board of the Town of Hague 6-13-1978
by L.L. No. 1-1978. Amendments noted where applicable.]
No civil action shall be maintained against the Town of Hague (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
person 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
was actually given to the Town Clerk of the town or the Town Superintendent
of Highways of the town, 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 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.
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 are 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 the receipt of such notice.
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 chapter, and he shall take any and
all corrective action with respect thereto as soon as practicable.
The Town Clerk of the town shall keep an indexed 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. All such written notices
shall be indexed according to the location of the alleged defective, unsafe,
dangerous or obstructed condition, or the location of accumulated snow or
ice. The record of such notice shall be preserved for a period of five years
from the date it is received. 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.
Nothing contained in this chapter shall be held to repeal or 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.
