[HISTORY: Adopted by the Lewiston Town Board as indicated in article histories. Amendments noted where applicable.]
Article I Work in Town Highways
Article II Notification of Defects
[Adopted 10-21-1966 (Ch. 22, Art. I, of the 1965 Code)]
No street, surface or other railroad shall be constructed upon any portion of any Town highway, nor shall any person, firm, corporation or municipality other than the Town of Lewiston enter upon or construct any works in, upon or along any Town highway or construct any overhead or underground, crossing thereof or lay or maintain therein any drainage, sewer, gas or water pipes or any electric conduits underground, except under such conditions and regulations as may be prescribed by the Town Superintendent of Highways, notwithstanding any consent or franchise which may have been granted by the Town of Lewiston or by any other agency or authority.
The Town Superintendent of Highways is hereby authorized and empowered to adopt, and from time to time to amend, reasonable rules and regulations permitting work in Town highways and to issue a permit therefor. Such rules or regulations may require the submission of detailed plans and specifications for any work within the boundaries of any Town highway and the submission of as-built plans within 30 days after completion of the work; may require that any underground pipe or conduit shall transverse the paved portion of any Town highway without cutting or opening the paved surface thereof; may require the restoration to the previously existing condition of any portion of any such Town highway, including ditches, shoulders and other unsurfaced areas of such highway; may prohibit interference with any highway ditch, conduit or other improvement within any Town highway; may establish the grade at which any pipe or conduit designed to flow by gravity shall be installed; may require the filing of a surety bond running to the Town of Lewiston in an amount sufficient in the judgment of the Town Superintendent to insure acceptable completion of the work, but not less than $1,000, with surety given by an insurance carrier licensed by the State Insurance Department conditioned that the applicant shall comply fully with the requirements of the permit to be issued. The Town Superintendent of Highways may waive any of the foregoing conditions when, in his discretion, he shall deem it in the best interest of the Town of Lewiston to so do.
Violation of the provisions of this article or of any permit issued by the Town Superintendent of Highways pursuant to the authorization herein contained is hereby declared to be an offense against such article.
For every violation of any provision of this article or of any permit issued pursuant hereto, the person violating the same shall be subject to a fine of not more than $100 or imprisonment not exceeding 30 days, or both.
Conviction for any violation of this article shall constitute and effect on immediate forfeiture of any permit issued pursuant hereto, and the person to whom such permit was issued and any works constructed may be removed therefrom as a trespass by the Town Superintendent of Highways upon petition to the County Court of the County of Niagara or to the Supreme Court of the state.
[Adopted 6-23-2003 by L.L. No. 1-2003 (Ch. 22, Art. II, of the 1965 Code)]
No civil actions shall be maintained against the Town or Town Superintendent of Highways, nor other employees or offices thereof acting in such capacity, for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, 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, street, sidewalk, crosswalk, 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.
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, street, sidewalk, crosswalk, 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 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 written notice hereunder shall contain at least the following information:
Name and mailing address of the person giving notice.
A precise statement as to the nature and extent of any defective, unsafe, dangerous, or obstructed condition or the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert within the Town of Lewiston, New York.
The approximate date that such condition first became known to the person giving the notice.
The exact location of such condition giving wherever possible reference to a street address or addresses, utility pole numbers or such other geographic reference as will aid the Town in properly locating such condition.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this article 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.
The Town Clerk shall keep a separate indexed record of all notices received pursuant to Town Law, § 65-a, Subdivision 4.
This article shall supersede in its application to the Town of Lewiston, New York, Subdivisions 1 and 3 of § 65-a of the Town Law.