[HISTORY: Adopted by the Town Board of the
Town of Wawayanda as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-3-1977 by L.L. No. 1-1977]
No civil action shall be maintained against
the Town of Wawayanda (hereinafter referred to as "the Town") or the
Town Superintendent of Highways of the Town or against any improvement
district in the Town for damages or injuries to person or property
(including those arising from the operation of snowmobiles) sustained
by reason of any highway, bridge, culvert, highway marking, sign or
device or any other property owned, operated or maintained by the
Town or any property owned, operated or maintained by any improvement
district therein being defective, out of repair, unsafe, dangerous
or obstructed unless written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge, culvert, highway
marking, sign or device or any other property owned, operated or maintained
by any improvement district was actually given to the Town Clerk of
the Town or the Superintendent of Highways of the Town and that there
was a failure or neglect within a reasonable time after giving of
such notice to repair or remove the defect, danger or obstruction
complained of; and no such action shall be maintained for damages
or injuries to persons or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, culvert
or any other property owned by the Town or any property owned by any
improvement district in the Town unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the
Town or the Town Superintendent of Highways of the Town 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 receipt of such notice.
No civil action will be maintained against the
Town and/or the Town Superintendent of Highways of the Town for damages
or injuries to person or property sustained by reason of any defect
in the sidewalks of the Town 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 of the Town or to the Superintendent
of Highways of the Town and there was a failure or neglect to cause
such defect to be remedied or 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
shall transmit, in writing, to the Town Clerk of the Town, within
two days after receipt thereof, all written notice received by him
pursuant to this article, and he shall take any and all corrective
action with respect thereto as soon as practicable.
The Town Clerk of the Town shall keep an index
record, in a separate book, of all written notices which the Town
Clerk shall receive of the existence of a defective, unsafe, dangerous
or obstructed condition in or upon or of an accumulation of ice and
snow upon any town highway, bridge, culvert or a sidewalk or any other
property owned by the Town or by any improvement district, which record
shall state the date of the 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. The record of such
notice shall be preserved for a period of five years from the date
it is received. The Town Clerk, upon receipt of such written notice,
shall immediately, in writing, notify the Town Superintendent of Highways
of the Town of the receipt of such notice.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirements or statute
of limitations which is applicable to these causes of action but,
on the contrary, shall be held to be additional requirements to the
rights to maintain such action, nor shall anything herein contained
be held to modify any existing rule of law relative to the question
of contributory negligence or to impose upon the Town, its officers
and employees and/or any of its improvement districts any greater
duty or obligations than it shall keep its streets, sidewalks and
public places in a reasonably safe condition for public use and travel.
[Adopted 12-27-1991 by L.L. No. 5-1991]
The purpose of this article is to guarantee
that any construction activity on town road rights-of-way will not
be performed unless security is posted assuring restoration of the
area of construction to its condition prior to the commencement of
any such construction.
As used in this article, the following terms
shall have the meanings indicated:
Any activity involving movement of the surface area of any
lands lying within any town road, street or right-of-way.
The duly elected Superintendent of Highways of the Town of
Wawayanda.
Written authorization signed by the Highway Superintendent
authorizing construction in accordance with the terms of this article.
A cash bond or irrevocable letter of credit in favor of the
Town of Wawayanda in such form as may be approved by the Town Attorney
or attorney for the Town.
[Amended 2-26-1992 by L.L. No. 2-1992]
A.Â
Prior to commencement of construction, any individual
or business entity desiring to commence construction shall file with
the Highway Superintendent and the Town Clerk an application and plan
of construction, in such detail as shall be required by the Highway
Superintendent, describing the proposed plan of construction and proposed
method of restoration.
B.Â
Simultaneously with the application, there shall be
submitted to the Highway Superintendent and the Town Clerk an estimate
of the cost of restoration.
C.Â
Within 10 business days of a fully submitted application,
plan and estimate, the Highway Superintendent shall authorize the
construction by issuance of a permit conditioned upon the posting
of security in such amount as the Highway Superintendent shall deem
reasonable based upon the proposed construction.
Any person or business entity who undertakes
construction without a permit as required herein shall be deemed to
be in violation of this article.
Any violation of any of the provisions of this
article shall be subject, upon conviction, to a penalty or fine up
to and not to exceed $250 and a term of imprisonment of not more than
15 days, or both. Each and every violation and, in the case of a continuing
violation, each day's continuance thereof shall be deemed a separate
and distinct offense.
