[HISTORY: Adopted by the Town Board of the Town of Marcellus 7-14-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
For the purposes of this chapter, the following words, phrases and terms and their derivations shall have the following meanings:
- The Town of Marcellus.
- TOWN HIGHWAY
- A highway, street, road, cul-de-sac, drive or other roadway owned or maintained by the Town of Marcellus, whether or not such highway has been formally dedicated to the Town. This definition shall include bridges, shoulders, curbs, gutters, culverts, signs and other traffic control devices and all other things appurtenant to a highway.
- TOWN PERSONNEL
- The Town Board, members of the Town Board, other boards of the Town, members of such other Town boards, the Highway Superintendent, and all officials, officers and employees of the Town.
- TOWN PROPERTY
- All Town highways, bridges, culverts, sidewalks, crosswalks, parking areas, playgrounds, parks and all other real or personal property owned, leased, used, occupied or maintained by the Town, or over or through which the Town has an easement or right-of-way, and all buildings, structures, fixtures, personal property, and appurtenances, owned, leased, used, occupied or maintained by the Town.
- UNSAFE CONDITION
- Any defective, hazardous, dangerous or obstructed condition, including, without limitation, such conditions as may have been created by any act or omission of any employee or officer of the Town and such conditions as may result from inadequate or improper design, maintenance or repair or from the existence of snow or ice.
No civil action or proceeding shall be brought or maintained against the Town or any Town personnel regarding, and the Town and all Town personnel shall have no liability for, any damages or any injuries to person or property sustained by reason of any Town property being in an unsafe condition unless, prior to the injury or damage being sustained, written notice (meeting the requirements of § 144-3 below) of the unsafe condition causing the injury or damage shall have been actually received by the Town Clerk and there shall have been a failure or neglect by the Town, within a reasonable period of time after the actual receipt of such notice by the Town Clerk to repair, remedy, correct or remove the unsafe condition complained of, or to otherwise make the Town property described in the notice reasonably safe. The timely receipt of the required notice shall be a condition precedent: (a) to any action or proceeding against the Town or any Town personnel; and (b) for the existence of any liability of the Town or any Town Personnel, regarding any damages or any injuries sustained by reason of any unsafe condition of Town property.
The notice required in the preceding section shall be in writing, shall contain the name, address and signature of the person or entity giving the notice, shall specify the particular place where the unsafe condition is located and shall set forth, with particularity, the nature of the unsafe condition.
The Town Clerk shall keep and maintain a record of all written notices received pursuant to this chapter, which record shall state the date of the receipt of the notice, the nature and location of the unsafe condition(s) stated to exist, and the name and address of the person from whom the notice was received. The written notices shall be indexed according to the location of the unsafe condition. The record of each notice shall be preserved for a period of at least five years after the date it is received.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Clerk shall cause all written notices received by the Town Clerk pursuant to this chapter and/or pursuant to Town Law § 65-a to be presented to the Town Board within 10 days of the receipt thereof, or at the next Town Board meeting, whichever shall be sooner.
This chapter shall not be construed as creating or allowing any cause of action or substantive liability against the Town or any of its officers, boards, board members or employees which would not otherwise exist in the absence of this chapter.
By adopting this chapter, pursuant to the authority provided in the Municipal Home Rule Law of the State of New York, including but not limited to the provisions of § 10(1)(ii)(a)(5) and (d)(3) thereof, the Marcellus Town Board intends that the provisions of this chapter shall supersede the provisions of § 65-a of the Town Law of the State of New York. This chapter shall also supersede and replace, in its entirety, the Town of Marcellus Local Law No. 1 for the year 1994.
Should any provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect or impair the validity of either this chapter as a whole, or any other provision of this chapter, and such decision shall be restricted solely to the particular provision found to be invalid, and then, only to the circumstances under which the provision was found to be invalid.