[HISTORY: Adopted by the Town Board of the Town of Sardinia 2-12-1992 by L.L. No. 1-1992; amended in its entirety 7-14-2011 by L.L. No. 3-2011. Subsequent amendments noted where
applicable.]
No civil action shall be maintained against the Town, Town Superintendent
of Highways or any other Town official or employee for damage or injuries
to person or property sustained by reason of any street, highway,
bridge, culvert, sidewalk, crosswalk, driveway, parking area, footpath
or any recreational equipment, recreational area or any other public
access area owned and/or maintained by the Town of Sardinia being
defective, out of repair, unsafe, dangerous or obstructed unless written
notice of such defective, unsafe, dangerous or obstructed condition
of such site was actually given to the 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 civil 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,
culvert, sidewalk, crosswalk, driveway, parking area, foot path or
any other public access area owned and/or maintained by the Town of
Sardinia, unless written notice thereof, specifying the particular
place, was actually given to the 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 with a reasonable time
after receipt of such notice.
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk, within 10 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, 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.
Additionally, the Town Clerk shall keep an indexed record, in
a separate book, of all written notices received by the Town of the
existence of defective, unsafe, dangerous or obstructed conditions
and all written notices of the existence snow or ice upon particular
specified places, 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 of the location of accumulated snow or ice. The record of notices
of defects shall be a public record. The record of each notice shall
be preserved for a period of five years after the date it is received.
This chapter shall be applicable notwithstanding any inconsistent
provisions of law, general, special or local, or other law and, further,
this chapter supersedes, in its application to the Town of Sardinia,
Subdivisions 1 and 3 of § 65-a of the New York State Town
Law, and shall take effect, as amended, immediately upon its filing
with the Secretary of State.
