[Adopted 3-13-1991 as Ch. 190 of the 1991 Code]
No civil action shall be maintained against any town or Town Superintendent
of Highways for damages or injuries to person or property sustained by reason
of any highway, bridge 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 or culvert was actually given
to the Town Clerk or Town 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, but 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
or culvert unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk or Town Superintendent of Highways 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.
The Town Superintendent of Highways shall transmit, in writing, to the
Town Clerk within five (5) days after the receipt thereof all written notices
received by him pursuant to this Article and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received by
him or her pursuant to this Article and Subdivision 2 of § 65-a
of the Town Law to be presented to the Town Board within five (5) days of
the receipt thereof or at the next succeeding Town Board meeting, whichever
shall be sooner.
This Article shall supersede in its application to the Town of Manlius
Subdivisions 1 and 3 of § 65-a of the Town Law.