[HISTORY: Adopted by the Town Board of the Town of Lysander
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-2-1989 by L.L.
No. 1-1989]
No civil action shall be maintained against the Town of Lysander,
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, 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
a written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, 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 to the
Town Superintendent of Highways of the Town 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;
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 a 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
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 or her pursuant to § 266-1 above and Subdivision 2 of § 65-a of the Town Law. The Superintendent of Highways of the Town shall take any and all corrective action with respect thereto as soon as practicable.
