[HISTORY: Adopted by the Town Board of the
Town of Phelps 6-12-2017 by L.L. No. 2-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 98, Notification
of Defects, adopted 6-13-1977 by L.L. No. 1-1977, as amended.
No civil action shall be maintained against the Town of Phelps
or the Town of Phelps Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge,
street, 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,
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, 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 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 10 days after the receipt thereof, all written
notices received by the Superintendent of Highways pursuant to this
chapter and § 65-a of the New York State Town Law. The Town
Clerk shall cause all written notices received pursuant to this chapter
and § 65-a of the Town Law to be presented to the Town Board
within 10 days of the receipt thereof or at the next succeeding Town
Board meeting, whichever shall be sooner.
An obscured, defective or missing traffic control device, or
an obscured site distance on any highway, bridge, street or road,
shall, for the purposes of this chapter, be deemed a defective, unsafe,
dangerous or obstructed condition of a street, highway, bridge, culvert
or crosswalk.
This chapter shall supersede, in its application to the Town
of Phelps, Subdivision 1 of § 65-a of the New York State
Town Law. Nothing herein contained shall be construed to relieve a
claimant of any obligation created by Subdivision 2 of § 65-a
of the New York State Town Law. Nothing herein contained shall be
construed to relieve a claimant of the obligation to serve a notice
of claim on the Town of Phelps as provided in § 50-e of
the New York State General Municipal Law.
If any clause, sentence, paragraph, section or part of this
chapter or the application thereof to any person, firm or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair or invalidate the remainder thereof but shall be confined
in its operation to the clause, sentence, paragraph, section or part
of this chapter or in its application to the person, individual, firm
or corporation or circumstance directly involved in the controversy
in which such judgment or order shall be rendered.
