A.
No civil action shall be maintained against the Town
of Forestburgh, hereinafter referred to as "the Town," or the Town Superintendent
of Highways 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 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 or the Town Superintendent of Highways 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.
B.
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 Highway
Superintendent of the Town for damages or injuries to persons 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 Highway Superintendent of the
Town 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 or to the Highway
Superintendent 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 Highway Superintendent of the Town shall transmit, in writing, to
the Town Clerk within 10 days after receipt thereof, all written notices received
by him pursuant to this article, and he shall take any and all corrective
action with respect thereto as soon as practicable.
The Town Clerk 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 snow and ice upon any Town highway, bridge, culvert or 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. 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 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 Highway Superintendent of the Town of the receipt of
such notice.
