[HISTORY: Adopted by the Town Board of the
Town of Thompson as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-7-1981 by L.L. No. 5-1981 (Ch. 209, Art. I, of the 2003 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 (Ch. 209, Art. II, of the 2003 Code)]
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 collectible
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.
