[Adopted 6-8-1995 by L.L. No. 1-1995]
No civil actions shall be maintained against
any Town of Avon 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 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.
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 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.
This article shall supersede in its application
in the Town of Avon Subdivisions 1 and 3 of § 65-a of the
Town Law.
[Adopted 2-24-2022 by L.L. No. 1-2022]
The Town Board of the Town of Avon states the following as its
findings and legislative intent:
A. The Town Board of the Town of Avon recognizes that it may be necessary
from time to time for the Town Highway Superintendent to have the
authority to place certain restrictions on Town roads with regard
to parking or standing on the side of such roads in order for the
Highway Superintendent and the Town Highway Department to safely and
efficiently provide road maintenance and upkeep.
B. Prior to the adoption of this article, no specific authority or procedures
existed within the Town Code that would allow the Highway Superintendent
to impose restrictions relating to parking or standing on Town roads.
Accordingly, the Town Board finds that the promulgation of this article
is necessary to allow the Highway Superintendent and the Highway Department
to safely and efficiently maintain the Town's roads, while protecting
the health, safety, and welfare of the community.
The following definitions shall apply to this article:
RIGHT-OF-WAY
The line determining the street or highway public limit or
ownership.
TOWN ROAD
Any road, roadway, street, lane, or other public thoroughfare,
including any public right-of-way owned by the Town of Avon, or for
which the Town of Avon is responsible for maintaining.
The Town Highway Superintendent shall have the authority, at
his or her discretion, to implement restrictions relative to parking
and/or standing of motor vehicles or other apparatus on or along the
side and within the right-of-way of any Town road within the Town
of Avon. The Town Highway Superintendent shall further have the authority
to place such signage as deemed appropriate within the right-of-way
of any Town road for purposes of notifying the public of restriction
imposed relating to parking and standing within such right-of-way.
In its interpretation and application, the provisions of this
article shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, and general welfare. This
article is not intended to interfere with, abrogate or annul other
rules, regulations, or laws, provided that whenever the requirements
of this article are at a variance with the requirements of any other
lawfully adopted regulations, rules or laws, the most restrictive,
or those which impose the highest standards shall govern.
If any section, subsection, phrase, sentence, or other portion
of this article is for any reason held invalid, void, unconstitutional,
or unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.