No civil action shall be maintained against the Town of Marilla or the
Town Superintendent of Highways 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 unless written notice of such
defective, unsafe, dangerous or obstructed condition of such highway, sidewalk,
bridge or culvert was actually given to the Town Clerk or Town Superintendent
of Highways, 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. No such action shall be maintained for damages or injuries
to person or property sustained solely in consequence of the existence of
snow or ice upon any highway, sidewalk, bridge or culvert unless written notice
thereof specifying the particular place was actually given to the Town Clerk
or Town Superintendent of Highways, 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.
The Town Superintendent of Highways shall transmit, in writing, to the
Town Clerk within 10 days after the receipt thereof all written notices received
by him pursuant to this chapter and Subdivision 2 of § 65-a of the
Town Law. The Town Clerk shall cause all written notices received by him or
her pursuant to this chapter and Subdivision 2 of § 65-a of the
Town Law to be presented to the Town Board within 10 days of the receipt thereof
or at the next succeeding Town Board meeting, whichever shall be sooner. 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.
This chapter shall supersede in its application to the
Town of Marilla Subdivisions 1 and 3 of § 65-a of the Town Law.