[HISTORY: Adopted by the Town Board of the Town of Porter 6-2-1977 by L.L. No.
2-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 134.
Streets and sidewalks — See Ch. 160.
No civil action shall be maintained against any town or town
superintendent of highways 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 of such
highway, bridge 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; but no
such action shall be maintained for damages or injuries to person
or property suspended 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
Town Clerk or Town Superintendent of Highways 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 shall be maintained against any town or town
superintendent of highways for damages or injuries to person or property
sustained by reason of any defect in its sidewalks 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 or to the
Town Superintendent of Highways, 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 shall transmit in writing
to the Town Clerk within 10 days after the receipt thereof all written
notice received by him pursuant to this chapter and Subdivision 2
of § 65-a of the Town Law. The Town Clerk shall cause all
written notice received by him or her pursuant to this chapter and
Subdivision 2 of § 65-a of the Town Law, to be presented
to the Town Board within five days of the receipt thereof or at the
next succeeding Town Board meeting, whichever shall be sooner.
This chapter shall supersede in its application to the Town
of Porter Subdivisions 1 and 3 of § 65-a of the Town Law.
