[Adopted 3-24-1975 by L.L. No. 2-1975 (Ch. 170, Art. I, of
the 1994 Code)]
[Amended 10-15-2018 by L.L. No. 3-2018]
No civil action shall be maintained against the Town of Mendon
(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 persons or property (including those
arising from the operation of snowmobiles) sustained by reason of
any highway, tree(s) and other vegetation within the highway right-of-way,
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, tree(s) and other vegetation within the highway right-of-way,
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, or, in the absence of such notice,
unless such defective, unsafe, dangerous or obstructed condition existed
for so long a period that the same should have been discovered and
remedied in the exercise of reasonable care and diligence; 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.
No civil action will be maintained against the Town and/or the
Town Superintendent of Highways of the Town for damages or injuries
to persons 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 persons 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 10-15-2018 by L.L. No. 3-2018]
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 article,
and he shall take any and all corrective action with respect thereto
as soon as practicable.
[Amended 10-15-2018 by L.L. No. 3-2018]
The Town Clerk of the Town shall keep an indexed 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 an accumulation of ice and snow upon any
Town highway, tree(s) and other vegetation within the highway right-of-way,
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 record of such notice shall be preserved for
a period of five years from the date it 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 such 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.
Nothing contained in this article 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, highways, sidewalks and public
places in a reasonably safe condition for public use and travel.