[Adopted 2-1-2022 by L.L. No. 1-2022[1]]
[1]
Editor's Note: This local law also repealed former Art. I, Notification of Defects, adopted 3-9-1976 by L.L. No. 1-1976 (Subpart 10 of the 1974 Code), as amended.
A. 
No civil actions shall be maintained against the Town of Guilderland or the Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, or culvert being defective, out of repair, unsafe, dangerous, or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, street, sidewalk, crosswalk, or culvert was actually given to the Town Clerk or Superintendent of Highways 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.
B. 
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, street, sidewalk, crosswalk, or culvert unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Superintendent of Highways and there was 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.
The Superintendent of Highways shall transmit in writing to the Town Clerk within 10 days after the receipt thereof all written notices received pursuant to this article and NYS Town Law § 65-a(2). The Town Clerk shall keep an indexed record, in a separate book, of all written notices received pursuant to this article and NYS Town Law § 65-a(2).
In the event that any section, paragraph, clause or other provision of this article is or shall be held or adjudged invalid or unconstitutional, such validity shall not affect the validity of any other provision of this article.
This article shall supersede in its application NYS Town Law § 65-a(1) and (2).