[HISTORY: Adopted by the Town Board of the Town of Avon as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1995 by L.L. No. 1-1995]
No civil actions shall be maintained against any Town of Avon 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.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received 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.
This article shall supersede in its application in the Town of Avon Subdivisions 1 and 3 of § 65-a of the Town Law.
[Adopted 2-24-2022 by L.L. No. 1-2022]
The Town Board of the Town of Avon states the following as its findings and legislative intent:
A. 
The Town Board of the Town of Avon recognizes that it may be necessary from time to time for the Town Highway Superintendent to have the authority to place certain restrictions on Town roads with regard to parking or standing on the side of such roads in order for the Highway Superintendent and the Town Highway Department to safely and efficiently provide road maintenance and upkeep.
B. 
Prior to the adoption of this article, no specific authority or procedures existed within the Town Code that would allow the Highway Superintendent to impose restrictions relating to parking or standing on Town roads. Accordingly, the Town Board finds that the promulgation of this article is necessary to allow the Highway Superintendent and the Highway Department to safely and efficiently maintain the Town's roads, while protecting the health, safety, and welfare of the community.
The following definitions shall apply to this article:
RIGHT-OF-WAY
The line determining the street or highway public limit or ownership.
TOWN ROAD
Any road, roadway, street, lane, or other public thoroughfare, including any public right-of-way owned by the Town of Avon, or for which the Town of Avon is responsible for maintaining.
The Town Highway Superintendent shall have the authority, at his or her discretion, to implement restrictions relative to parking and/or standing of motor vehicles or other apparatus on or along the side and within the right-of-way of any Town road within the Town of Avon. The Town Highway Superintendent shall further have the authority to place such signage as deemed appropriate within the right-of-way of any Town road for purposes of notifying the public of restriction imposed relating to parking and standing within such right-of-way.
A. 
Any violation of restrictions relating to parking or standing instituted pursuant to the provisions of § 190-6 above shall be deemed an offense, punishable by a fine or civil penalty not to exceed $250 or imprisonment of not more than 15 days, or both such fine and imprisonment.
B. 
Each day any such violation shall continue shall constitute a separate offense.
In its interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. This article is not intended to interfere with, abrogate or annul other rules, regulations, or laws, provided that whenever the requirements of this article are at a variance with the requirements of any other lawfully adopted regulations, rules or laws, the most restrictive, or those which impose the highest standards shall govern.
If any section, subsection, phrase, sentence, or other portion of this article is for any reason held invalid, void, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.