Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 7-1-1980 by L.L. No. 2-1980. Amendments noted where applicable.]

§ 158-1 Notice of road defects required.

[Amended 2-7-1995 by L.L. No. 4-1995; 8-4-2015 by L.L. No. 9-2015]
No civil action shall be maintained against the Town of Babylon for damages or injuries to person or property (including those arising from the operation of snowmobiles) 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 and there was thereafter a failure or neglect within a reasonable time 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 unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town 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.

§ 158-2 Notice of sidewalk defects required.

[Amended 2-7-1995 by L.L. No. 4-1995; 7-20-1999 by L.L. No. 13-1999; 9-1-2015 by L.L. No. 11-2015]
No civil action will be maintained against the Town for damages or injuries to person or property sustained by reason of any defective, dangerous, unsafe, out-of-repair or obstructed sidewalks of the Town or in consequence of the existence of snow, ice or anything upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town pursuant to statute; nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defective, dangerous, unsafe, out-of-repair or obstructed sidewalks or in consequence of such existence of snow, ice or anything upon any of its sidewalks unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town and there was a failure or neglect to cause such defective, dangerous, unsafe, out-of-repair or obstructed sidewalks 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.

§ 158-3 Transmission of notice to Clerk.

[Amended 2-7-1995 by L.L. No. 4-1995]
The Commissioner of the Department of Public Works of the Town shall transmit, in writing to the Town Clerk, within 10 days after receipt thereof, all written notices received by him pursuant to this chapter, and he shall take any and all corrective action with respect thereto as soon as practicable.

§ 158-4 Maintenance of records required.

[Amended 2-7-1995 by L.L. No. 4-1995]
The Town Clerk shall keep an indexed record, in a separate book, of all written notices which the Town Clerk 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 sidewalk, which record shall state the date of 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 presented. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition or the location of accumulated snow or ice. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Commissioner of the Department of Public Works of the Town of the receipt of such notice.

§ 158-5 Effect on other requirements.

Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations but, on the contrary, shall be held to be additional requirements to the rights to maintain such action. Nothing contained herein shall be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town, 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.