[HISTORY: Adopted by the Town Board of the Town of Somers 6-12-2003
by L.L. No. 6-2003. Amendments noted where applicable.]
A.Â
No civil action shall be maintained against the Town
of Somers or the Superintendent of Highways of the Town of Somers 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 Town Superintendent
of Highways of the Town of Somers, and there was 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.Â
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 of the Town of Somers
and there was failure or neglect to cause such snow or ice to be removed,
or to make place otherwise reasonably safe within a reasonable time after
receipt of such notice.
The Town Superintendent of Highways of the Town of Somers shall transmit,
in writing, to the Town Clerk of the Town of Somers, within five days after
the receipt thereof, all written notices received pursuant to this chapter
and Subdivision 2 of § 65-a of the Town Law. The Town Clerk of the
Town of Somers shall cause all written notices received pursuant to this chapter
and Subdivision 2 of § 65-a of the Town Law to be presented to the
Town Board within five days of the receipt thereof or at the next succeeding
Town Board meeting, whichever shall be sooner.
This chapter shall supersede in its application to the Town of Somers
Subdivisions 1 and 3 of § 65-a of the Town Law.
