[HISTORY: Adopted by the Town Board of the Town of Amherst 11-3-1986 by L.L. No.
4-1986;[1] amended in its entirety 5-20-2019 by L.L. No. 12-2019. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Excavations — See Ch. 106.
Snowplowing — See Ch. 166.
[1]
Editor's Note: This local law also repealed former Ch.
139, Notification of Defects, adopted 1-16-1978 by L.L. No. 1-1978.
No civil action shall be maintained against the Town of Amherst,
or any of its official, agents or employees, or the Superintendent
of Highways of the Town, or against any improvement district in the
Town, for damages or injuries to person or property sustained by reason
of any tree, street, highway, public place, land, building, bridge,
culvert, sidewalk, crosswalk, grading, openings, drain, sewer, parks
or playground equipment, being defective, out of repair, unsafe, dangerous
or because of obstructed conditions unless written notice of such
defective, unsafe, dangerous or obstructed condition of such tree,
street, highway, public place, land, building, bridge, culvert, sidewalk,
crosswalk, grading, openings, drain, sewer, parks or playground equipment,
was actually given to the Town Clerk, or the Superintendent of Highways,
specifying the particular place, and the defect at issue and there
was thereafter a failure or neglect within a reasonable time 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 street, highway, public place, land, building, bridge, culvert,
sidewalk or crosswalk unless written notice thereof, specifying the
particular place, and the defect at issue, was actually given to the
Town Clerk or the 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 Superintendent of Highways shall transmit, in writing, to
the Town Clerk of the Town, within five days after receipt thereof,
all written notices received by him pursuant to this chapter, and
he shall take any and all corrective action with respect thereto as
soon as practicable.
The Town Clerk shall keep an index record, in a separate book,
of all written notices which the Town Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon
any town owned property, tree, building, bridge, culvert, sidewalk,
crosswalk, grading, opening, drain, sewer, parks or playground equipment,
or of any accumulation of ice and snow upon, any Town street, highway,
public place, land, building, bridge, culvert, sidewalk, crosswalk,
grading, opening, drain, sewer, parks or playground equipment; or
by any improvement district, 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 of the person from whom the
notice is received. The record of such notice shall be preserved for
a period of five years from the date it is received. The Town Clerk,
upon receipt of such written notice, shall immediately and in writing
notify the Superintendent of Highways of the Town of the receipt of
such notice.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitation.
On the contrary, this chapter shall be held to be additional requirements
to the right to maintain any action. Nor shall anything herein contained
be held to modify any existing rule of law relative to the question
of culpable conduct, nor to impose upon the Town, its officers and
employees and/or any of its improvement districts, any greater duty
or obligation than that it shall keep its trees, streets, highways,
public places, land, buildings, bridges, culverts, sidewalks, crosswalks,
grading, openings, drains, sewers, parks or playground equipment in
a reasonably safe condition for reasonably anticipated public use
and travel.
If any section, clause or provision of this chapter or the application
thereof to any persons is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof which can be sustained or given effect without the invalid
section, clause or provision or application, and to this end the various
sections, clauses or provisions of this chapter are declared to be
severable.
