[HISTORY: Adopted by the Town Board of the Town of Champlain
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-3-1977 by L.L. No. 1-1977; amended in its entirety 11-10-2008 by L.L. No.
2-2008]
No civil actions shall be maintained against the 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 10 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 10 days of
the receipt thereof or at the next succeeding Town Board meeting,
whichever shall be sooner.
This article shall supersede in its application to the Town
of Champlain Subdivisions 1 and 3 of § 65-a of the Town
Law.
[Adopted 6-8-1999 by L.L. No. 2-1999]
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[A copy of this article is on file in the office of the
Town Clerk and is available for examination by the public during regular
office hours.]
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