[HISTORY: Adopted by the Town Board of the Town of Hartland:
Art. I, 8-8-1974 by L.L. No. 1-1974; Art. II, 2-13-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
[Adopted 8-8-1974 by L.L. No. 1-1974]
A.
No civil action shall be maintained against the Town of Hartland,
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, 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 obstructed,
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 Town 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.
B.
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 Town 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.
[Amended 11-10-1983 by L.L. No. 6-1983]
The Town Superintendent of Highways of the Town shall transmit,
in writing, to the Town Clerk of the Town, within 10 days after receipt
thereof, all written notices received by said Superintendent pursuant
to this article, and said Superintendent shall take any and all necessary
corrective action with respect thereto as soon as practicable.
The Town Clerk of the Town 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, or of an accumulation of ice and snow upon, any Town highway,
bridge, culvert or sidewalk or any other property owned by the Town
or by an 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 Town Superintendent of Highways of the Town of the receipt
of such notice.
Nothing contained in this article shall be held to repeal, 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 than
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
[Adopted 2-13-1997 by L.L. No. 1-1997]
The Town Board of the Town of Hartland finds that excavating
and work within Town right-of-way areas may be hazardous to be public;
places burden on the officials of the Town charged with the responsibility
of maintaining such highways and that the regulation work done within
highway rights-of-way as authorized by Section 130(7)(a) of the Town
Law of the State of New York and other provisions of law will be in
the best interests of the health, safety and welfare of the citizens
and property of the Town.
This article shall be entitled the "Town Road Work Permit Law
of the Town of Hartland."
This article shall apply to all that portion of the Town of
Hartland outside the Village of Middleport.
As used in this article, the following terms shall have the
meanings indicated:
Includes any person, partnership, firm, corporation, municipality,
utility or any other entity.
Any excavation, drilling, construction, erection of poles,
laying or stringing of wires, placement of culverts, drains, conduits,
sewer or water pipes or any other structure, excluding mailboxes.
A.
No person shall perform any work within the right-of-way of any Town
road or highway without first obtaining a permit for such work from
the Superintendent of Highways of the Town of Hartland.
B.
Any person desiring to perform work in the Town highway right-of-way
shall make application for such work permit application provided by
the Superintendent of Highways and shall pay the fee established for
such permit upon submission of the same and prior to processing by
the Highway Superintendent.
C.
The Highway Superintendent may require additional information as
needed to determine whether to issue a permit, and the conditions
thereof, and may require detailed plans, specifications and blueprints
stamped by a licensed architect or engineer. This requirement may
be waived in the discretion of the Highway Superintendent where they
are not necessary for a determination.
D.
No permit shall be issued where the Superintendent of Highways determines
that the work will unduly damage highways, impair safety, impose an
undue burden on the Town or where the purpose may, in the opinion
of the Superintendent of Highways, be accomplished without utilizing
the highway right-of-way. No permit shall be issued where the work
sought to be performed will unduly interfere with or duplicate that
of municipalities or public utilities.
E.
The Highway Superintendent may, wherever he determines it to be in
the best interest of the Town, require boring or drilling under the
roadway, as opposed to highway cuts.
F.
The fee for a permit shall be $50, or such different fee as the Town
Board shall, from time to time, determine by resolution. Said fee
is for permit processing, and an additional amount may be required
for expenses incurred by the Town resulting from the work.
The Town Board may, from time to time by resolution, establish
additional regulations governing the issuance of Town highway work
permits.
The Highway Superintendent may require, in his discretion, the
posting of a bond or of a cash deposit in an amount estimated by him
to be necessary to repair any damage to the Town highway as a condition
for issuance of a highway work permit.
Any person who has existing work, consisting of any underground
wires, cables, conduits, pipes, water or sewer lines, located in the
right-of-way of any Town highway shall, within 30 days of the effective
date of this law, file a map with the Superintendent of Highways locating
said work with reasonable accuracy. The Town of Hartland shall not
be responsible for damage to any work in highway rights-of-way where
such map has not been filed.
A.
Any violation of this article shall be punishable by a fine not to
exceed $250 or by imprisonment not to exceed 15 days, or by both such
fine and imprisonment. No person violating this law shall be excused
from punishment because he is employed by a corporation or other entity.
B.
In addition, any violation of this article or any work permit issued
shall constitute the revocation of such permit. Any work performed
in violation of this law shall be immediately removed, and the Town
Superintendent of Highways is authorized to cause such removal, and
repair and restoration of the highway right-of-way, and the cost of
such removal, restoration and repair shall be borne by the person
violating this law or the permit.
C.
The Town shall be entitled to obtain an injunction in Supreme Court
to prevent any violation of this law or of the terms of a permit and
to recover any and all damages caused by a violation of this law,
or the terms of a permit, including costs, expert and engineering
fees and attorneys' fees, and any cost of removing any work and of
repairing or remediating the highway and other Town facilities.
