[HISTORY: Adopted by the Town Board of the Town of Ontario as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-1982 by L.L. No. 1-1982]
No person, firm, corporation or municipality shall enter upon or construct any works in or upon any road which is part of the town road system of Ontario, New York, or construct any overhead or underground crossing thereof or lay or maintain therein drainage, sewer or water pipes underground, except under such conditions and regulations as may be prescribed by the Ontario Town Highway Superintendent and after securing a permit for such work from the Town Highway Superintendent.
[Amended 1-11-1988 by L.L. No. 1-1988]
A violation of this article shall be an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both, for each day of such violation.
[Adopted 3-14-1983 by L.L. No. 1-1983]
No civil action shall be maintained against the Town of Ontario or the Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, sidewalk, building or other town property being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, out of repair, unsafe, dangerous or obstructed condition was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure of 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 sidewalk unless written notice thereof, specifying the particular place, was actuary given to the Town Clerk or the Town Superintendent of Highways and there, vas a failure or neglect to cause such snow or ice to be removed or to make the place 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 10 days after the receipt thereof, all written notices received by him pursuant to this article. The Town Clerk shall keep an indexed record of all written notices received by her pursuant to this article in a separate book and shall notify the Town Board of the receipt of such notices within 10 days after such receipt by her or at the next succeeding Town Board meeting, whichever shall be sooner.
Nothing herein contained, however, shall be held to revive any claim or cause of action now barred by any existing requirement or statute of limitations or to waive any existing limitation now applicable to any claim or cause of action against the Town of Ontario or the Town Superintendent of Highways.