No civil action shall be maintained against
the Town of Owasco, 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 persons or property,
including those arising from the operation of snowmobiles, sustained
by reason of any highway, bridge, culvert, highway marking, sign or
device 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 any other property owned, operated or maintained
by the Town or any property owned, operated or maintained by any improvement
district was actually given to the Town Clerk of the Town or the Town
Superintendent of Highways of the Town 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 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 Town
Superintendent of Highways 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.
No civil action shall be maintained against
the Town and/or the Town Superintendent of Highways of the Town for
damages or injuries to persons or property sustained by reason of
any defect in the sidewalks of the Town 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 or the Superintendent
of Highways of the Town pursuant to statute, nor shall any action
be maintained for damages or injuries to persons 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 or to the Town Superintendent
of Highways of the Town and there was a failure to cause such defect
to be remedied or 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 shall transmit,
in writing, to the Town Clerk, within five days after the receipt
thereof, all written notices received by him or her pursuant to this
chapter and Subdivision 2 of § 65-a of the Town Law. The
Superintendent of Highways of the Town shall take any and all corrective
action with respect thereto as soon as practicable.
The Town Clerk of the Town shall cause all written
notices received by him or her pursuant to this chapter and Subdivision
2 of § 65-a of the Town Law to be presented to the Town
Board of the Town within five days of the receipt thereof or at the
next succeeding Town Board meeting, whichever shall be sooner. The
Town Clerk 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 highway, bridge,
culvert or a 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
Town Superintendent of Highways of the Town of the receipt of such
notice.
The chapter shall supersede in its application
to the Town of Owasco, Cayuga County, New York, Subdivisions 1 and
3 of § 65-a of the Town Law.
This chapter does not affect or impair any act
done or right accruing, accrued or acquired or liability, penalty,
forfeiture or punishment incurred, asserted, enforced, prosecuted
or inflicted, as fully and to the same extent as if such law had not
been effected.