[HISTORY: Adopted by the Town Board of the Town of Shelter 4-4-1997
by L.L. No. 4-1997. Amendments noted where applicable.]
No civil action shall be maintained against the town, Town Superintendent
of Highways or any authorized representative of the Town for damages or injuries
to person or property as a result of any town-owned or town-maintained highway,
bridge, dock, bulkhead, street, sidewalk, crosswalk and culvert being defective,
out of repair, unsafe, dangerous or obstructed unless written notice of such
condition was given in writing to the Town Clerk or Town Superintendent of
Highways and there was 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 civil action shall be maintained against the town, Town Superintendent
of Highways or any authorized representative of the Town for damages or injuries
to person or property as a result of any town-owned or town-maintained highway,
bridge dock, bulkhead, street, sidewalk, crosswalk and culvert for damages
or injuries sustained solely in consequence of the existence of snow or ice
unless written notice of such condition was given in writing to the Town Clerk
or Town Superintendent of Highways and there was 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 five days after the receipt thereof all written
notices received pursuant to this chapter and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received pursuant
to this chapter and Subdivision 2 of § 65-a of the Town Law to be
presented to the Town Board within five days of the receipt thereof or at
the next succeeding Town Board meeting whichever shall be sooner. The Town
Clerk shall transmit in writing to the Superintendent of Highways within five
days after the receipt thereof all written notices received pursuant to this
chapter and Subdivision 2 of § 65-a of the Town Law. The Town Clerk
shall keep a separate indexed record of all such notices received.
This chapter shall supersede Subdivisions 1 and 3 of § 65-a
of the Town Law in its application to the Town of Shelter Island.
