[Adopted 5-5-1994 by L.L. No. 3-1994]
No civil action shall be maintained against
the Town of LeRay (hereinafter referred to as "the Town") or the Town
Superintendent of Highways of the Town, or against any improvement
district in the Town for damages or injuries to person or property
(including those arising from the operation of snowmobiles and all-terrain
vehicles and other motorized equipment and vehicles) sustained by
reason of any highway, bridge, culvert, highway marking, sign or device,
or any other property owned, operated or maintained by any improvement
district therein, being defective, out of repair, unsafe, dangerous
or unobstructed unless written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge, culvert, highway
marking, sign or device, or any other property owned, operated or
maintained by the Town, or any property owned, operated or maintained
by any improvement district, was actually given to the Town Clerk
of the Town or the Town Superintendent of Highways of the Town, and
that 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; and no such action shall be maintained
for damages or injuries to persons or property sustained solely in
consequence of the existence of snow or ice upon any highway, bridge,
culvert or any other property owned by the Town or any property owned
by any improvement district in the Town unless written notice thereof,
specifying the particular place, was actually given to the Town Clerk
of the Town or the Superintendent of Highways of the Town 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.
No civil action will be maintained against the
Town and/or the Town Superintendent of Highways of the Town for damages
or injuries to person or property sustained by reason of any defect
in the sidewalks of the Town or in consequence of the existence of
snow or ice upon any of its sidewalks, unless such sidewalks have
been constructed or are maintained by the Town or the Superintendent
of Highways of the Town pursuant to statute, nor shall any action
be maintained for damages or injuries to person or property sustained
by reason of such defect or in consequence of such existence of snow
or ice unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk of the Town or to the Superintendent
of Highways of the Town and there was a failure or neglect to cause
such defect to be remedied, 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 of the Town
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 article, and he shall take any and all corrective action with
respect thereto as soon as practicable.
The Town Clerk of the Town shall keep an indexed
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, or of an accumulation of ice and
snow upon any Town highway, bridge, culvert or a sidewalk, or any
other property owned by the Town, or by any improvement district,
which record shall state the date 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 Town Superintendent of Highway
of the Town of the receipt of such notice.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these causes of action but, on
the contrary, shall be held to be additional requirements to the rights
to maintain such action, nor shall anything herein contained be held
to modify any existing rule of law relative to the question of contributory
negligence, nor to impose upon the Town, its officers and employees,
and/or any of its improvement districts any greater duty or obligations
that it shall keep its streets, sidewalks and public places in a reasonably
safe conditions for public use and travel.
[Adopted 4-9-2009 by L.L. No. 2-2009]
The Town Board of the Town of LeRay, pursuant to the authority
granted it under Section 1660 of the Vehicle and Traffic Law and Sections
10 and 20 of the Municipal Home Rule Law hereby enacts the following.
In conjunction with earlier recommendations of the Town Highway
Department and action of the Town Board, the Town of LeRay has determined
that it is necessary to adopt local legislation restricting access
upon certain local roads of the Town in order to preserve and maintain
the integrity of said roads regarding heavily weighted truck traffic
and it is the intent of this legislation to so designate.
The following Town roads, as contained on the Town's inventory
of highways, shall be herein designated and posted by the Highway
Superintendent as "No Through Trucks" with a not-to-exceed weight
limit of 12 tons: