[HISTORY: Adopted by the Town Board of the Town of Macedon 7-14-1977 by L.L. No. 2-1977 (Ch. 114, Art. I, of the 1996 Code). Amendments noted where applicable.]
No civil action shall be maintained against the Town of Macedon
Town Superintendent of Highways for damages or injuries to person
or properties sustained by reason of any highway, sidewalk, bridge
or culvert being defective, out of repair, unsafe, dangerous or obstructed,
unless written notice of such defect, unsafe, dangerous or obstructed
condition of such highway, sidewalk, bridge 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; but 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, sidewalk, bridge
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 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.
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 article and Subdivision 2
of § 65-a of the Town Law. The Town Clerk shall cause all
written notices received by him or her pursuant to this article 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.[1]
[1]
Editor's Note: Original Sec. 3 of L.L. No. 2-1977, which immediately
followed this section and dealt with the supersession of the statute,
was repealed 3-28-1996 by L.L. No. 2-1996.
[Added 3-28-1996 by L.L.
No. 2-1996]
The Town Clerk of each Town shall keep an indexed record, in
a separate book, of all written notices which he shall receive of
the existence of a defective, unsafe, dangerous or obstructed condition
in or upon, or of an accumulation of ice or snow upon, any Town highway,
bridge, culvert or sidewalk, 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 the location of accumulated snow or ice. The record
of each notice shall be preserved for a period of five years after
the date it is received.
