Town of Barre, NY
Orleans County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Barre 2-6-1996 by L.L. No. 1-1996; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES

Defense and indemnification — See Ch. 15.

§ 226-1
Prior notice of defects required. 

§ 226-2
Information in written notice. 

§ 226-3
Transmittal of notice; presentation to Town Board. 

§ 226-4
Indexed record. 

§ 226-5
Supersession of statute. 

§ 226-1 Prior notice of defects required.

A. 

No civil actions shall be maintained against the Town or Town Superintendent of Highways, nor other employees or officers thereof acting in such capacity, 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, out of repair, 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.

B. 

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 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.

§ 226-2 Information in written notice.

The written notice hereunder shall contain at least the following information:

A. 

Name and mailing address of the person giving notice.

B. 

A precise statement as to the nature and extent of any defective, unsafe, dangerous or obstructed condition or the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk or culvert within the Town of Barre.

C. 

The approximate date that such condition first became known to the person giving the notice.

D. 

The exact location of such condition giving, wherever possible, reference to street address or addresses, utility pole number or other geographic reference as will aid the Town in properly locating such condition.

§ 226-3 Transmittal of notice; presentation to Town Board.

The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within five days after the receipt thereof, all written notices 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 receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.

§ 226-4 Indexed record.

The Town Clerk shall keep an indexed record of all notices received pursuant to Town Law § 65-a, Subdivision 4.

§ 226-5 Supersession of statute.

This chapter shall supersede in its application to the Town of Barre Subdivisions 1 and 3 of § 65-a of the Town Law.