Town of Thompson, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Thompson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire vehicle zones — See Ch. 136.
Littering — See Ch. 160.
Property maintenance — See Ch. 183.
Sewers — See Ch. 197.
Snowmobiles — See Ch. 202.
Street name signs and building numbers — See Ch. 207.
Subdivision of land — See Ch. 212.
Vehicles and traffic — See Ch. 235.
[Adopted 7-7-1981 by L.L. No. 5-1981 as Ch. 102, Art. I of the 1981 Code]
No civil action shall be maintained against the Town of Thompson (hereinafter referred to as the "Town") or the Town Highway Superintendent 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 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 Highway Superintendent 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 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 Highway Superintendent 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 will be maintained against the Town and/or the Town Highway Superintendent of the Town for damages or injuries to person 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 Highway Superintendent of the Town pursuant to statute, nor shall any action be maintained for damages or injuries to person 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 Highway Superintendent of the Town and there was a failure or neglect 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.
[Amended 10-21-2003 by L.L. No. 7-2003]
The Town Highway Superintendent 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 pursuant to this article, and he shall take any and all corrective action with respect thereto as soon as practicable.
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 an accumulation of ice and snow upon, any Town highway, bridge, culvert or 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 Highway Superintendent of the Town of the receipt of such notice.
[Amended 10-21-2003 by L.L. No. 7-2003]
Nothing contained in this article shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these causes of action, but, on the contrary, the provisions contained in this article 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 or 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.
[Adopted 5-5-1992 by L.L. No. 1-1992]
Highway crossings and road cuts shall be governed by and in accordance with the provisions of Highway Law § 149.
Every applicant for a permit pursuant to the provisions of Highway Law § 149 shall obtain a permit as provided for therein. Such permit shall be in such form as shall be approved by the Town Board by resolution from time to time.
Each applicant for a permit shall provide evidence of liability insurance, in such amount as shall be recommended by the Highway Superintendent, naming the Town as an additional insured under the applicant's insurance policy and evidenced by a certificate of insurance issued in the name of the Town.
Each applicant shall also provide, as a condition precedent to the issuance of a permit, an indemnity bond in the minimum amount of $500 or such other higher amount as the Highway Superintendent may determine necessary to cover the probable expense to the Town of the replacement by the Town of the street, highway, sidewalk or public place. Such indemnity bond shall be in the form of a bond issued by an insurance company licensed to do business in the State of New York or by deposit of cash with the Town Clerk or by bank or certified check payable to the order of the Town. The undertaking shall be returned to the applicant upon inspection of the road crossing by the Highway Superintendent and his recommendation that the undertaking be returned. In the event of a cash deposit, the unexpended balance, if any, shall be refunded to the depositor.
In the event that an emergency requires a highway crossing or excavation at a time when a permit cannot be obtained, such crossing may be made without a permit, provided that, time being of the essence, such permit shall be applied for and the provisions hereof complied with as soon thereafter as may be practicable.
[Amended 10-21-2003 by L.L. No. 7-2003]
The applicant shall pay to the Town at the time of filing such application a permit fee as set by the Town Board.
[Added 12-5-2006 by L.L. No. 7-2006]
A. 
Any person who commits or permits any violation of any of the provisions of this article shall be deemed to have committed an offense and shall be liable for the penalty provided. Each week any violation shall continue or be permitted to exist shall be constituted as a separate violation.
B. 
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $500 for each such offense. Such penalty shall be collectable by and in the name of the Town for each week that such violation shall continue.
C. 
This civil penalty is in addition to chargeback costs to the property owner to complete repairs and/or restoration of the roadway to its original condition as allowed by § 149 of the Highway Law.
D. 
In addition to the provisions for penalties and punishment above, the issuance of any building permits and/or certificate of occupancy issued for construction of the affected premises may be withheld by the Town of Thompson Building Department pending resolution of any violations of this article.
E. 
The Justice Court of the Town of Thompson shall have original and trial jurisdiction over summonses and appearance tickets served and informations filed charging a violation of this article. Trials shall be before the Court without jury.