Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 6-1-1982 by L.L. No. 5-1982. Amendments noted where applicable.]
[Amended 8-19-1997; 4-21-2009 by L.L. No. 1-2009]
No civil action shall be maintained against the Town of Greece, Monroe County, New York (hereinafter referred to as the "Town"), or the Commissioner of Public Works of the Town 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 building 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 building or any other property owned, operated or maintained by the Town or any property owned, operated or maintained by any improvement district, specifying the particular place, was actually given to the Town Clerk of the Town or the Commissioner of Public Works of the Town and there was thereafter a failure or neglect within a reasonable time to repair or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert, driveway, parking lot 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 Commissioner of Public Works 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.
[Amended 3-17-1992 by L.L. No. 1-1992; 4-21-2009 by L.L. No. 1-2009]
The Commissioner of Public Works of the Town shall transmit, in writing, to the Town Clerk of the Town, within 10 days after receipt thereof, all written notices received by him/her pursuant to this chapter, and he/she shall take any and all corrective action with respect thereto as soon as practicable.
[Amended 4-21-2009 by L.L. No. 1-2009]
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 any accumulation of ice and snow upon any Town highway, bridge, culvert, 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. 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 Commissioner of Public Works 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 limitation, 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 obligation than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.