No civil action shall be maintained against the Town of Potsdam
or the Town Superintendent of Highways of the Town, or against any
improvement district in the Town for damages or injuries to person
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 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 the Town Superintendent of Highways of the Town and there
was thereafter a failure or neglect within a reasonable time 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 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 person 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 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 person 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 receipt of
such notice.
The Town Superintendent of Highways of the Town shall transmit,
in writing, to the Town Clerk of the Town, within five days after
receipt thereof, all written notices received by him pursuant to this
chapter, and he shall take any and all corrective action with respect
thereto as soon as practicable.
The Town Clerk of the Town shall keep an accurate record 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, bridge,
culvert or a sidewalk, or any other property owned by the Town, or
by any improvement district. 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.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitations
but, on the contrary, shall be held to be additional requirements
to the rights to maintain such action. Nothing contained herein shall
be held to modify any existing rule or 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, sidewalks
and public places in a reasonably safe condition for public use and
travel.