[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.