[HISTORY: Adopted by the Town Board of the Town of Wilton as indicated
in article histories.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Records retention — See Ch. 25.
Highway Administration — See Ch. 68.
Littering — See Ch. 73.
Noise and nuisances — See Ch. 79.
Sidewalks, pathways and streetlighting — See Ch. 107.
Subdivision of land — See Ch. 109.
Vehicles and traffic — See Ch. 119.
Off-road vehicles — See Ch. 123.
[1]
Editor's Note: Former Ch. 105, Streets and Sidewalks, adopted as follows:
Art. I, 10-7-1985 by resolution, as amended; Art. II, 10-10-1985 by Res. No.
58; Art. III, 9-11-1986 by Res. No. 67; and Art. IV, 2-6-1986 by L.L. No.
1-1986, as amended, was repealed 4-6-1995.
[Adopted 8-7-2003 by L.L. No. 2-2003]
A.
No civil action shall be maintained against the Town
or Town Superintendent of Highways, nor other employees or offices thereof
acting in such capacity, for damages or injuries to person or property sustained
by reason of any highway, bridge, street, sidewalk, 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, sidewalk, 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.
B.
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, sidewalk, 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 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 written notice hereunder shall contain at least the following information:
A.
Name and mailing address of the person giving notice.
B.
A precise statement as to the nature and extent of any
defective, unsafe, dangerous, or obstructed condition or the existence of
snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert
within the Town of Wilton.
C.
The approximate date that such condition first became
known to the person giving the notice.
D.
The exact location of such condition, giving, wherever
possible, reference to a street address or addresses, utility pole numbers
or such other geographic reference as will aid the Town in properly locating
such condition.
The Town Superintendent of Highways shall transmit in writing to the
Town Clerk within five days after the receipt thereof all written notices
received pursuant to this article and Subdivision 2 of § 65-a of
the Town Law. The Town Clerk shall cause all written notices received pursuant
to this article and Subdivision 2 of § 65-a of the Town Law, to
be presented to the Town Board within five days of the receipt thereof or
at the next succeeding Town Board meeting, whichever shall be sooner.
The Town Clerk shall keep a separate indexed record of all notices received
pursuant to Town Law, § 65-a, Subdivision 4.
This article shall supersede in its application to the Town of Wilton
Subdivisions 1 and 3 of § 65-a of the Town Law.
