[Adopted 4-2-1975 by L.L. No. 2-1975]
No civil action shall be maintained against
the Town of Union or the Town Superintendent of Highways of the Town
of Union for damages or injuries to persons or property sustained
by reason of any highway, bridge or culvert or any other property
owned by the Town of Union 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
or any other property owned by the Town of Union was actually given
to the Town Clerk of the Town of Union or the Town Superintendent
of Highways of the Town of Union 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, 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 or any other property owned
by the Town of Union unless written notice thereof, specifying the
particular place, was actually given to the Town Clerk of the Town
of Union or the Town Superintendent of Highways of the Town of Union
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.
No civil action shall be maintained against
the Town of Union and/or the Town Superintendent of Highways of the
Town of Union for damages or injuries to persons or property sustained
by reason of any defect in the sidewalks of the Town of Union 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 Union or the Superintendent of Highways of the Town of Union
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 Union or to the Town Superintendent
of Highways of the Town of Union and there was a failure or neglect
to cause such defect to be remedied or such snow or ice to be removed
or to make the place reasonably safe within a reasonable time after
the receipt of such notice.
The Town Superintendent of Highways of the Town
of Union shall transmit, in writing, to the Town Clerk of the Town
of Union, within 10 days after receipt thereof, all written notices
received by him pursuant to this article.
[Amended 1-16-2002 by L.L. No. 1-2002]
The Town Clerk of the Town of Union 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 sidewalk or other
property owned by the Town of Union, 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. 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 record of each notice shall be preserved for a period of five
years after the date it is received.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these classes of actions, but,
on the contrary, this article 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 or to impose upon the Town of Union any
greater duty or obligation than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and
travel.
