[HISTORY: Adopted by the Town Board of the Town of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-1996 by L.L.
No. 2-1996]
This article shall be known and may be cited as the "Town of
Marion Notice of Highway Defects."
No civil actions shall be maintained against any Town or Town Superintendent
of Highways 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 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.
This article shall supersede in its application of the Town
of Marion 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.
