[HISTORY: Adopted by the Town Board of the
Town of Rush 7-8-1975 by L.L. No.
2-1975. Amendments noted where applicable.]
[Amended 3-10-2004 by L.L. No. 3-2004;9-13-2023 by L.L. No. 7-2023]
No civil action shall be maintained against
the Town or the Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, street,
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, street, bridge or culvert
was actually given to the Town Clerk or the Town Superintendent of
Highways, 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, nor 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, street,
bridge or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or the 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.
[Added 3-10-2004 by L.L.
No. 3-2004]
No civil action shall be maintained against
the Town or the 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 of the Town
of Rush shall transmit, in writing, to the Town Clerk of the Town
of Rush, within 10 days after receipt thereof, all written notices
received by him pursuant to this chapter.
[Amended 3-10-2004 by L.L. No. 3-2004]
The Town Clerk of the Town of Rush shall keep
an index record, in a separate book, of all written notices which
the Clerk shall receive of the existence of a defective, unsafe, dangerous
or obstructed condition in or upon or of an accumulation of ice or
snow upon any Town highway, bridge or culvert or any property of any
improvement district, which record shall state the date of receipt
of the notice, the nature and location of the condition stated to
exist, and the name and address of the person from whom said 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 each notice shall be preserved for a period of five years after
the date it is received.
The Town Clerk of the Town of Rush shall transmit in writing to the Town Superintendent of Highways of the Town of Rush upon recording said notice pursuant to § 80-4 hereof, and in any event within 10 days after receipt thereof, all written notices received by the Clerk pursuant to this chapter.
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 clauses or actions but, on
the contrary, shall be held to be additional requirements to the right
to maintain such action. Nothing contained in this chapter shall be
held to modify any existing rule of law relating to the question of
contributing negligence, nor to impose upon the Town of Rush and/or
any of its improvement districts any greater duty or obligation than
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
[Added 9-13-2023 by L.L. No. 7-2023]
For the purposes of this chapter, prior written notice of any
defects shall be satisfied only if: i) personally delivered; or ii)
delivered by mail via registered or certified mail to the Town Clerk
or Town Superintendent.
