[HISTORY: Adopted by the Town Board of the
Town of Manchester 10-8-1979 by L.L. No. 3-1979 (Ch. 122 of the 1989
Code); amended in its entirety 5-6-2015 by L.L. No. 2-2015.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of Town officers and employees — See Ch. 17.
No civil action shall be maintained against the Town of Manchester
or the Town of Manchester Superintendent of Highways for damages or
injuries to person or property sustained by reason of any highway,
bridge, street, crosswalk 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,
street, crosswalk or culvert was actually given to the Town Clerk
or Town Superintendent of Highways, and 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. No such
action shall be maintained for damages or injuries to person or property
sustained solely in consequence of the existence of snow or ice upon
any highway, bridge, street, crosswalk or culvert, unless written
notice thereof, specifying the particular place, was actually given
to the Town Clerk or Town 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.
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk within 10 days after the receipt thereof all written
notices received by the Superintendent of Highways pursuant to this
chapter and § 65-a of the New York State Town Law. The Town
Clerk shall cause all written notices received pursuant to this chapter
and § 65-a of the Town Law to be presented to the Town Board
within 10 days of the receipt thereof or at the next succeeding Town
Board meeting whichever shall be sooner.
An obscured, defective or missing traffic control device, or
an obscured site distance on any highway, bridge, street or road shall,
for the purposes of this chapter, be deemed a defective, unsafe, dangerous
or obstructed condition of a street, highway, bridge, culvert, sidewalk
or crosswalk.
This chapter shall supersede, in its application to the Town
of Manchester, Subdivision 1 of § 65-a of the New York State
Town Law. Nothing herein contained shall be construed to relieve a
claimant of any obligation created by Subdivision 2 of § 65-a
of the New York State Town Law. Nothing herein contained shall be
construed to relieve a claimant of the obligation to serve a notice
of claim on the Town of Manchester as provided in § 50-e
of the New York State General Municipal Law.
If any clause, sentence, paragraph, section or part of this
chapter or the application thereof to any person, firm or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section or part
of this chapter or in its application to the person, individual, firm
or corporation or circumstance directly involved in the controversy
in which such judgment or order shall be rendered.
