[HISTORY: Adopted by the Town Board of the Town of Berne 4-13-1977
by L.L. No. 1-1977. Amendments noted where applicable.]
No civil action shall be maintained against the Town of Berne (hereinafter
referred to as "the Town") or the Town 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)
sustained by reason of any highway, bridge, culvert, highway marking, sign
or device, or any other 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 Town Superintendent of Highways of the
Town, and that 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, 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 Town 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 Town 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 Town Superintendent of Highways of the Town shall transmit, in writing,
to the Town Clerk of the Town within five 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 index 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 owned by the Town, or by any improvement
district, 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. The record of such
notice shall be preserved for a period of five years from the date it is received.
The Town Clerk, upon receipt of such written notice, shall immediately and
in writing notify the Town 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 which is applicable
to these causes of action but, on the contrary, shall be held to be additional
requirements to the rights 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, 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.
