[HISTORY: Adopted by the Town Board of the Town of Onondaga 2-7-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words used in the singular number include the plural, and words used in the masculine include the feminine.
For the purposes of this chapter, the following words, phrases and terms and their derivations shall have the meanings given herein:
- The Town of Onondaga. This definition shall also include all special districts of the Town of Onondaga established prior to and subsequent to the effective date of this chapter.
- TOWN HIGHWAY
- A highway maintained by the Town or the Town Superintendent of Highways, whether or not such highway has been formally dedicated to the Town. This definition shall include bridges, shoulders, curbs, gutters, culverts, signs and other traffic control devices and all other things appurtenant to a highway.
- TOWN PROPERTY
- All Town highways, sidewalks, parking areas, playgrounds, parks and all other real property owned, leased, used, occupied or maintained by the Town or over or through which the Town has an easement or right-of-way and all buildings, structures and appurtenances thereto owned, leased, used, occupied or maintained by the Town.
- UNSAFE CONDITION
- Any defective, hazardous, dangerous or obstructed condition, including such conditions as may have been created by an act or omission of an employee or officer of the Town, and including such conditions as may result from inadequate or improper design, maintenance or repair or from the existence of snow or ice.
No civil action shall be brought or maintained against the Town, the Superintendent of Highways of the Town or any other Town officer or employee for damages or injuries to person or property sustained by reason of any Town property being in an unsafe condition unless written notice of such condition was actually given to the Town Clerk or Superintendent of Highways and there was a failure or neglect within a reasonable period of time after the receipt of such notice to repair, remedy or remove the unsafe condition complained of.
The notice required in the preceding Subsection A shall be in writing, shall contain the name, address and signature of the person making the complaint and shall specify the particular place where the unsafe condition is located and the nature of said condition.
The Town Clerk shall keep and maintain an indexed record of all written notices received pursuant to this chapter, which record shall state the date of the receipt of the notice, the nature and location of the conditions stated to exist and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of at least five years after the date it is received.
This chapter shall not be construed as creating or allowing any cause of action or substantive liability against the Town or any of its officers or employees which would not otherwise exist in the absence of this chapter.