[HISTORY: Adopted by the Town Board of the Town of Delaware 4-8-1982 by L.L. No.
3-1982. Amendments noted where applicable.]
No civil action shall be maintained against the Town or 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 the 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 any 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 Delaware Subdivisions 1 and 3 of § 65-a of the Town Law.
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices which he shall receive of the existence of
a defective, unsafe, dangerous or obstructed condition in or upon,
or of an accumulation of ice or snow upon, any Town highway, bridge,
culvert or sidewalk, which record shall state the date of 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. 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. The record of
each notice shall be preserved for a period of five years after the
date it is received.
