Town of Perinton, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976 as Ch. 9 of the 1976 Code. Amendments noted where applicable.]

§ 155-1 Written notice required. [1]

No civil action shall be maintained against the Town of Perinton, Monroe County, New York, or the Town Superintendent of Highways of the Town of Perinton, or against any improvement district in the Town of Perinton, 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 of the Town of Perinton or the Town Superintendent of Highways of the Town of Perinton, 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; and 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 in the Town of Perinton unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Perinton or the Town Superintendent of Highways of the Town of Perinton 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 155-2 Sidewalks.

No civil action will be maintained against the Town of Perinton and/or the Town Superintendent of Highways of the Town of Perinton for damages or injuries to persons or property sustained by reason of any defect in the sidewalks of the Town of Perinton or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town of Perinton or the Superintendent of Highways of the Town of Perinton pursuant to statute, nor shall any action be maintained for damages or injuries to persons or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Perinton or to the Town Superintendent of Highways of the Town of Perinton and there was a failure or neglect to cause such defect to be remedied, 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.

§ 155-3 Responsibility of Superintendent of Highways.

The Town Superintendent of Highways of the Town of Perinton shall transmit, in writing, to the Town Clerk of the Town of Perinton within 10 days after receipt thereof, all written notices received by him pursuant to this law, and he shall take any and all corrective action with respect thereto as soon as possible.

§ 155-4 Records of notices.

The Town Clerk of the Town of Perinton shall keep an index record, in a separate book, of all written notices which she shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any town highway, bridge, culvert or a sidewalk, or any other property owned by the Town of Perinton or by any improvement district, which record shall state the date of the 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 such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the Town of Perinton of the receipt of such notice.

§ 155-5 Existing requirements.

Nothing contained in this chapter shall be held to repeal, modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions but, on the contrary, shall be held to be additional requirements to the right to maintain such action, nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town of Perinton, its officers and employees and/or any of its improvement districts any greater duty or obligations than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.