[HISTORY: Adopted by the Town Board of the Town of Elma as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-1977 by L.L. No. 2-1977]
No civil action shall be maintained against the Town of Elma
or Town Superintendent of Highways of the Town of Elma for damages
or injuries to persons 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 to remove the defect, danger or obstruction
complained of; but 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 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 article 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 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 to the Town
of Elma Subdivisions 1 and 3 of § 65-a of the Town Law.
[Adopted 11-3-1982 by L.L. No. 1-1982]
As used in this article, the following terms shall have the
meanings indicated:
A neighborhood block party, celebration or event as provided
in the Town Law § 64, Subdivision 10-b, but shall not include
a garage sale, yard sale, bazaar, rummage sale or other similar activity
having the principal purpose of fund-raising for an individual or
an organization, nor shall it include a political meeting or rally,
carnival, theatrical or musical performances, such as rock concerts
or similar events.
A Town street, highway or road.
The Superintendent of Highways shall be authorized to issue
a permit for the temporary blocking of a street for the purpose of
holding a party. An application for such permit shall be filed with
the Superintendent of Highways at least 21 days before the commencement
of such party. Such application shall contain at least the following
information: name and address of the applicant, name of the street
or streets and a description of the portions thereof to be blocked,
a description of the specific party to be held and the date and the
hours thereof. The application may require such additional information
as the Town Board shall prescribe by resolution.
The application shall be accompanied by a fee of $5 which shall
not be refundable in the event the permit is denied. The permit shall
be granted by the Superintendent of Highways upon determining that
the party is authorized by Town Law § 64, Subdivision 10-b,
and this article. The permit shall be denied if the Superintendent
of Highways finds that blocking the street or portion thereof on the
date requested in the application will unduly interfere with the flow
of vehicular traffic or upon determining that the party is not authorized
under Town Law § 64, Subdivision 10-b, and this article.
The Superintendent of Highways shall advise the applicant in writing
of the reason for denial of the application.
A permit issued pursuant to this article shall be valid only
for the date and the hours specified thereon, which shall not be before
7:00 a.m. and after 11:00 p.m.
The applicant shall be responsible for removal of litter, debris
and other materials from the street or portion thereof used for the
party which is attributable to or caused by the party.
A street or portion thereof blocked off for a party shall not
be obstructed by obstacles which cannot be readily moved to allow
emergency and hazard vehicles to enter it in response to an emergency.
No more than two permits shall be granted by the Superintendent
of Highways in any calendar year for the same neighborhood.
