[HISTORY: Adopted by the Lewiston Town Board as indicated
in article histories. Amendments noted where applicable.]
[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.
A.
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.
B.
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.
C.
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)]
A.
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.
B.
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:
A.
Name and mailing address of the person giving notice.
B.
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.
C.
The approximate date that such condition first became known to the
person giving the notice.
D.
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.
