No civil action shall be maintained against the Town or the
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 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 sustained solely in consequence of the existence
of snow or ice upon a 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.
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk, within five days after the receipt thereof, all
written notices received by him pursuant to this chapter and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices 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 LeRoy Subdivisions 1 and 3 of § 65-a of the Town Law.