No civil action shall be maintained against
the Town of New Castle, any town department or the Town Superintendent
of Highways for damages or injuries to person or property sustained
by reason of any highway, sidewalk, 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, sidewalk, 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, sidewalk, 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 days after the receipt
thereof, all written notices received by him 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 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 New Castle, Subdivisions 1 and 3 of § 65-a
of the Town Law.