[HISTORY: Adopted by the Town Board of the
Town of Walworth 11-16-1978 by L.L. No. 4-1978. Amendments noted where
applicable.]
[Amended 7-17-2003 by L.L. No. 3-2003]
No civil actions shall be maintained against
the Town or Town 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 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.
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 Town 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.
[Amended 9-1-1994 by L.L. No. 1-1994]
The Town Superintendent of Highways shall transmit,
in writing, to the Town Clerk, within 10 days after the receipt thereof,
all written notices received by him or her pursuant to this chapter
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 chapter and Subdivision 2 of § 65-a of the Town Law
to be presented to the Town Board at the next succeeding Town Board
meeting.
[Amended 9-1-1994 by L.L. No. 1-1994]
This chapter shall supersede, in its application
to the Town of Walworth, § 65-a of the Town Law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices, all in accordance with Town Law § 65-a.
