[HISTORY: Adopted by the Town Board of the
Town of Clinton 5-14-1996 by L.L. No. 2-1996, effective 5-31-1996.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 201.
No civil actions shall be maintained against
the Town or Town Superintendent of Highways 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 or 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.
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.
No civil action shall be maintained against
the Town or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any defect in its sidewalks
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 or to the
Town 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.
The Town Superintendent of Highways shall transmit
in writing to the Town Clerk within 10 days after the receipt thereof
all written notices received pursuant to this chapter and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall, pursuant
to Town Law § 65-a, Subdivision 4, keep a separate indexed
record of all such notices received. The Town Clerk shall cause all
written notices received pursuant to this chapter 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.
