Town of Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Aurora as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddlers and solicitors — See Ch. 47.
Dogs and other animals — See Ch. 55.
Off-street parking — See Ch. 81.
Site plan review — See Ch. 95.
Subdivision of land — See Ch. 99.
Abandoned vehicles — See Ch. 108.
Vehicles and traffic — See Ch. 109.
Street acceptance — See Ch. A121.
[Adopted 6-10-1974 by L.L. No. 1-1974]
No civil action shall be maintained against the Town of Aurora or the Town Superintendent of Highways of the Town of Aurora or against any improvement district in the Town of Aurora for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property owned by the Town of Aurora or any property owned by any improvement district 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 or any other property owned by the Town of Aurora or any property owned by any improvement district was actually given to the Town Clerk of the Town of Aurora or the Town Superintendent of Highways of the Town of Aurora 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; 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 of Aurora or any property owned by any improvement district in the Town of Aurora unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Aurora or the Town Superintendent of Highways of the Town of Aurora 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 shall be maintained against the Town of Aurora and/or the Town Superintendent of Highways of the Town of Aurora for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of Aurora 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 of Aurora or the Superintendent of Highways of the Town of Aurora 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 of Aurora or to the Town Superintendent of Highways of the Town of Aurora 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 of Aurora shall transmit, in writing, to the Town Clerk of the Town of Aurora, within 10 days after receipt thereof, all written notices received by him pursuant to this article.
The Town Clerk of the Town of Aurora shall keep an index record, in a separate book, of all written notices which he 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 sidewalk, 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 each notice shall be preserved for a period of five years after the date it is received.
Nothing contained in this article shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of actions, but, on the contrary, shall be held to be additional requirements to the right 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 of Aurora and/or any of its improvement districts any greater duty or obligation than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.