[HISTORY: Adopted by the Town Board of the Town of Pittsford: Art.
I, 7-21-1992 as Sec. 2-105 of the 1992 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Town property — See Ch. 137.
[Adopted 7-21-1992 as Sec.
2-105 of the 1992 Code]
No civil action shall be maintained against the Town of Pittsford, the
Pittsford Town Superintendent of Highways or any other town officer for damages
or injuries to person or property sustained by reason of any highway, sidewalk,
bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed
or in consequence of the existence of snow or ice upon any of its highways,
sidewalks, bridges or culverts, nor shall any action be maintained for damages
or injuries to persons or property sustained by reason of any such defect
or defects or in consequence of snow or ice upon the said highways, sidewalks,
bridges or culverts, unless written notice thereof specifying the particular
place was actually given to the Town Clerk or to the Town Superintendent of
Highways or to another town officer and there was a failure or neglect to
cause the defect to be remedied, such snow or ice to be removed or to make
the place otherwise reasonably safe within a reasonable time after receipt
of such notice.
The Town Superintendent of Highways and other town officers shall transmit,
in writing, to the Town Clerk within 10 days after the receipt thereof all
written notices received by him, pursuant to this section.
The Town Clerk of the Town of Pittsford shall keep an indexed record,
in a separate book, of all notices which he shall receive, of the existence
of a defective, unsafe, dangerous or obstructed condition, in or upon or an
accumulation of ice and snow upon any highway, bridge, culvert, sidewalk or
other town property, which said record shall state the date of the receipt
of 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.
[Added 9-7-1993 by L.L. No.
9-1993]
This article supersedes the provisions of New York General Municipal
Law § 50-e, Subdivision 4, in two respects. First, it requires prior
written notice of defective, unsafe, dangerous or obstructed conditions and
of ice and snow existing on all town property, not just streets, highways,
bridges, culverts, sidewalks and crosswalks. Second, it requires that prior
written notice of the aforesaid conditions on all town property is a condition
precedent to the commencement of suit for personal injuries or property damage
arising thereon, in addition to the notice of claim provisions of General
Municipal Law § 50-e.
