[Amended 6-13-2000 by L.L. No. 2-2000]
No civil action shall be maintained against
the Town of Wales or the Town of Wales Superintendent of Highways
for damages or injuries to person or property 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 or 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, or, in the absence of such notice
unless such defective, unsafe, dangerous or obstructed condition existed
for so long a period that the same should have been discovered and
remedied in the exercise of reasonable care and diligence; but 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 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.
[Amended 6-13-2000 by L.L. No. 2-2000]
No civil action shall be maintained against
the Town of Wales or the Town of Wales 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 of Wales 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 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.
[Amended 6-13-2000 by L.L. No. 2-2000]
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 him pursuant to this article.
[Amended 6-13-2000 by L.L. No. 2-2000]
The Town Clerk of the Town of Wales shall keep
an indexed record, in a separate book, of all written notices which
she 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, culvert or sidewalk, 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 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 each notice shall be preserved for a period
of five years after the date it is received.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations but, on the contrary, shall be held to be additional requirements
to the rights to maintain such action. Nothing contained herein shall
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.
