No civil action shall be maintained against the Town of Glenville or
the Superintendent of Highways of the Town or against any improvement district
in the Town for damages or injuries to person or property (including those
arising from the operation of snowmobiles and all-terrain vehicles) sustained
by reason of any highway, bridge, culvert, highway marking, sign or device
or any other property owned, operated or maintained by the Town or any property
owned, operated or maintained by any improvement district therein, being defective,
out of repair, unsafe, dangerous or obstructed, unless written notice of such
defective, unsafe, dangerous or obstructed condition of such highway, bridge,
culvert, highway marking, sign or device or any other property owned, operated
or maintained by the Town or any property owned, operated or maintained by
any improvement district was actually given to the Town Clerk of the Town
or the Superintendent of Highways 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, culvert or any other
property owned by the Town or any property owned by any improvement district
in the Town unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk of the Town or the Superintendent of
Highways 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.
No civil action will be maintained against the Town and/or the Superintendent
of Highways of the Town for damages or injuries to person or property sustained
by reason of any defect in the sidewalks of the Town 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 or the Superintendent
of Highways of the Town pursuant to statute, nor shall any action be maintained
for damages or injuries to person 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 or to the Town Superintendent of Highways of the Town, 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.
The Superintendent of Highways of the Town shall transmit, in writing,
to the Town Clerk of the Town, 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.
The Town Clerk of the Town 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 a sidewalk or any other property or highway markings, signs or
devices owned by the Town or by any improvement district. Said 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 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. The Town Clerk,
upon receipt of such written notice, shall immediately and in writing notify
the Superintendent of Highways of the Town of the receipt of such notice.
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 questions 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.