[HISTORY: Adopted by the Town Board of the Town of Johnstown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-20-1984 by L.L. No. 2-1984]
[Amended 8-19-1996 by L.L. No. 3-1996[1]]
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 of such highway, bridge, street, sidewalk, crosswalk 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. 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.
[1]
Editor's Note: Section 3 of this local law provided that this
local law shall supersede, in its application to the Town of Johnstown,
Subdivisions 1 and 3 of § 65-a of the Town Law.
A.
The written notice shall contain a specific description of the condition
complained of, and its precise location.
B.
The written notice shall be dated, shall contain the address of the
person giving the notice and shall be signed by such person.
C.
The written notice shall be served upon the Town Clerk or the Town
Superintendent of Highways either personally or by certified mail.
D.
The person receiving such written notice shall mark the date it was
received on the notice itself.
[Amended 8-19-1996 by L.L. No. 3-1996[1]]
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 and the Town Superintendent
of Highways within five days after receipt thereof or at the next
succeeding Town Board meeting, whichever shall be sooner.
[1]
Editor's Note: Section 3 of this local law provided that this
local law shall supersede, in its application to the Town of Johnstown,
Subdivisions 1 and 3 of § 65-a of the Town Law.
There shall be no substitute for written notice as set forth
in this chapter. Constructive notice is hereby expressly declared
to be insufficient notice.
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices received 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. The record of each
notice shall be preserved for a period of five years after the date
it is received.
[Adopted 12-18-1995 by L.L. No. 2-1995]
No person shall deposit any snow onto the paved portion or shoulder
of any town highway either by shoveling, snowblowing or snowplowing,
including snowplowing across any town highway in such a fashion that
snow remains deposited on said highway.
Violation of § 61-6 shall, upon conviction thereof, be punishable by fine of not more than $250.
