[Adopted 5-16-1977 by L.L. No. 1-1977]
No civil action 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 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 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, 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.
[Amended 9-7-1999 by L.L. No. 2-1999]
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 pursuant to this article 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 article
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.
[Added 9-7-1999 by L.L. No. 2-1999]
The Town Clerk shall keep an indexed record,
in a separate book, of all written notices which he or she shall receive
of the existence of a defective, unsafe, dangerous or obstructed condition
in or upon or of an accumulation of snow or ice upon any town highway,
bridge or culvert, 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 from whom the notice is received. All
such written notices shall be indexed according to the location of
the alleged defective, unsafe, dangerous or obstructed condition or
the location of accumulated snow or ice. The record of each notice
shall be preserved for a period of five years after the date it is
received.
This article shall supersede in its application
to the Town of Gates Subdivisions 1 and 3 of § 65-a of the
Town Law.
