[HISTORY: Adopted by the Town Board of the Town of Lenox 11-4-1974 by L.L. No.
2-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 110.
A.
Streets. No civil action shall be maintained against the Town of
Lenox, 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 the Town or any 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.
Sidewalks. 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 11-14-1994 by L.L. No. 2-1994]
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 him pursuant to this chapter,
and he shall take any and all corrective action with respect thereto
as soon as practicable.
[Amended 11-14-1994 by L.L. No. 2-1994]
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 any 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 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 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. All written
notices shall be indexed according to the location of the alleged
defective, unsafe, dangerous or obstructed condition or the location
of accumulated snow or ice. The record of such notice shall be preserved
for a period of five years from the date it is received.
Nothing contained in this chapter 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
than that it shall keep its streets, sidewalks and public places in
a reasonably safe condition for public use and travel.
