[HISTORY: Adopted by the Town Board of the Town of Owego 9-19-1995
by L.L. No. 4-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal of former
Ch. 15, Liability of Town, adopted 1-17-1989 by L.L. No. 1-1989.
No civil actions shall be maintained against any 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.
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 chapter and Subdivision 2 of § 65-a of
the Town Law. The Town Clerk shall cause all written notices received 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 Owego
Subdivisions 1 and 3 of § 65-a of the Town Law.
Recordkeeping requirements pertaining to such notices, including preservation
of the notices, shall be as set forth in § 65-a of the Town Law
of the State of New York, as amended from time to time, or other statutes
amendatory thereto.
Nothing herein shall be deemed in any way to alter or amend the liability
of the Town of Owego, Town of Owego Superintendent of Highways, other officer,
agent, employee or appointee of the Town of Owego.
Nothing herein shall be deemed in any way to alter or amend the time
limitations nor service requirements of §§ 50-e through 50-i
of the General Municipal Law of the State of New York as the same now exists
or may be hereafter amended.
