[HISTORY: Adopted by the Town Board of the Town of Cicero 5-13-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
A. No civil
actions 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, 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.
A. 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 chapter and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received
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.
B. Town Law § 65-a, Subdivision 4, requires the Town Clerk
to keep a separate indexed record (by location) of all such notices
received. In the event of litigation, the Town will be expected to
demonstrate compliance with this provision.
This chapter shall supersede in its application to the Town
of Cicero Subdivisions 1 and 3 of § 65-a of the Town Law.
This chapter shall take effect immediately upon its filing in
the office of the Secretary of State.