[HISTORY: Adopted by the Town Board of the Town of Newfane 11-16-2016 by L.L. No.
3-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 166,
Notification of Defects, adopted 4-26-1978 by L.L. No. 1-1978 as Ch.
30, Art. I of the 1970 Code.
A.Â
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, 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.
B.Â
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 and 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 chapter and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received
pursuant to this chapter 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 chapter shall supersede in its application to the Town
of Newfane, Subdivisions 1 and 3 of § 65-a of the Town Law.
