[Adopted 3-8-1999 by L.L. No. 2-1999 (Ch. 66, Art. I, of the 1983 Code)]
No civil action shall be maintained against the Town of Kingsbury
for damages or injuries to person or property sustained by reason
of any highway, bridge or culvert being defective, out of repair,
unsafe, dangerous or obstructed, unless written notice of such defective,
unsafe, dangerous or obstructed condition was actually given to the
Clerk of the Town of Kingsbury or to the Highway Superintendent 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 or, in the absence of such notice, unless such defective,
unsafe, dangerous or obstructed condition existed for so long a period
that the same should have been discovered and remedied in the exercise
of reasonable care and diligence; but 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
or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Clerk of the Town of Kingsbury or
to the Highway Superintendent 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 receipt of such notice.
The Kingsbury Town Highway Superintendent shall transmit in
writing to the Clerk of the Town of Kingsbury and the Kingsbury Town
Board, within 10 days after the receipt thereof, all written notices
received by him pursuant to this article.
The Clerk of the Town of Kingsbury shall keep an indexed record,
in a separate book, of all written notices which he shall receive,
pursuant to this article, of the existence of a defective, unsafe,
dangerous or obstructed condition in or upon, or of an accumulation
of ice or snow upon any Town highway, bridge or culvert, which record
shall state the data of 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 each notice shall
be preserved for a period of five years after the data is received.
[Adopted 6-5-1963 (Ch. 66, Art. II, of the 1983 Code)]
The purpose of this article is to regulate the laying out of
streets and highways in the Town of Kingsbury, New York.