[HISTORY: Adopted by the Town Board of the Town of Webster 12-7-1995 as L.L. No. 3-1995. Amendments noted where applicable.]
New York State Municipal Home Rule Law authorizes a local government to adopt local laws relating to its property, affairs or government, and New York State General Municipal Law permits that notice of the defective, unsafe, dangerous or obstructed condition of any street, highway, bridge, culvert, sidewalk or crosswalk, or of the existence of snow or ice thereon, may be required by law as a condition precedent to liability for damages or injury to person or property alleged to have been caused by such condition, and the failure to repair or remove the same after receipt of such notice. It is the purpose and intent of the Town of Webster to provide that it be given notice of certain defects and conditions as a condition precedent to the maintaining civil actions against the Town of Webster.
No civil action shall be maintained against the Town of Webster (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 sustained by reason of the defective, unsafe, dangerous or obstructed condition of any street, highway, bridge, culvert, sidewalk or crosswalk, or of the existence of snow or ice thereon, unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert, sidewalk or crosswalk, or of the existence of snow or ice thereon, 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 defective, unsafe, dangerous or obstructed condition.
The Town Superintendent of Highways of the town shall transmit, in writing, to the Town Clerk of the town within five days after the receipt thereof, all written notices received by the Superintendent of Highways pursuant to this chapter, and he shall take any and all corrective action with respect thereto as soon as practicable. The Superintendent of Highways shall not be required to transmit notices received pursuant to § 151B-4 of this chapter.
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 street, highway, bridge, culvert, sidewalk or crosswalk, or of the existence of snow or ice thereon, 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.
If any clause, sentence, phrase, paragraph or any part of this chapter shall for any reason be adjudged finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this chapter would have been adopted had any such provisions not been included.
This chapter shall take effect immediately upon the filing with the Secretary of State.