[HISTORY: Adopted by the Town Board of the Town of Lumberland 7-13-1978 by L.L. No.
2-1978. Amendments noted where applicable.]
No civil action shall be maintained against any town or town
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 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; 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.
The Town Superintendent of Highways shall transmit in writing
to the Town Clerk within five days after the receipt thereof all written
notices received by him pursuant to this chapter and Subdivision 2
of § 65-a of the Town Law. The Town Clerk shall cause all
written notices received by him or her pursuant to this chapter and
Subdivision 2 of § 65-a of the Town Law to be presented
to the Town Board within 10 days of the receipt thereof or at the
next succeeding Town Board meeting, whichever shall be sooner.
This chapter shall supersede in its application to the Town
of Lumberland Subdivisions 1 and 3 of § 65-a of the Town
Law.
