[HISTORY: Adopted by the Town Board of the Town of Brownville: Art. I, 7-8-1981 as L.L. No. 1-1981 (Ch. 32, Art. I, of the 1978 Code); Art. II, 8-8-1990 as L.L. No. 1-1990. Amendments noted where applicable.]
[Adopted 7-8-1981 as L.L. No. 1-1981 (Ch. 32, Art. I, of the 1978 Code); amended 5-3-2023 by L.L. No. 1-2023]
It is the intention of the Town Board to protect the health and safety of the community by requiring actual written notice of defective and hazardous conditions existing on Town owned, or maintained, properties. The receipt of actual written notice will enhance the Town's ability to remedy dangerous conditions on all properties under the management and care of Town personnel in an expeditious and safe manner. This article is enacted pursuant to authority of NY Town Law § 65-a and Municipal Home Rule Law § 10.
A. 
Be it enacted by the Town Board of Brownville that no civil action shall be maintained against the Town or any Town official or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, street, crosswalk, bridge, culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe dangerous or obstructed condition of such highway, street, crosswalk, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways, and that 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; nor shall such action be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, street, crosswalk, 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.
B. 
No civil action shall be maintained against the Town, or any Town official or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any defect in its sidewalks or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are 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 or to the Town Superintendent of Highways, 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 the receipt of such notice.
A. 
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/her pursuant to this article.
B. 
The Town Clerk shall keep an indexed record, in a separate book, of all written notices which he/she 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, street, crosswalk, 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.
It is the intent of the Town Board, pursuant to the Municipal Home Rule Law of the State of New York, to adopt provisions more restrictive than § 65-a of the Town Law of the State of New York.
This article shall take effect immediately upon its filing in the office of the Secretary of State.
[Adopted 8-8-1990 as L.L. No. 1-1990]
The Town Board of the Town of Brownville, pursuant to the authority granted it by Title VIII of the Vehicle and Traffic Law of the State of New York; Article 4, § 64 of the Town Law of the State of New York; and Articles 2 and 3 of the Municipal Home Rule Law of the State of New York, hereby enacts the following.
The Town Board of the Town of Brownville has determined that public activity on land adjacent to certain roads in the Town of Brownville and, more particularly, on lands on Pillar Point, near the water, constitutes a traffic safety hazard and, further, endangers the health, safety and welfare of the residents of Brownville. In order to prevent such traffic safety hazards and protect the health, safety and welfare of the citizens of Brownville, this Article establishes a ban on parking, camping and open fires along those designated areas in the Town of Brownville.
This Article shall be known as "Town of Brownville Local Law Prohibiting Parking, Camping and Open Fires Along Designated Areas."
[Amended 8-14-1992 by L.L. No. 2-1991]
No parking, camping or open fires shall be permitted along either side of the following designated areas at any time on County Route 59, beginning at Baldwin Road, South Shore Road intersection, continuing for six-tenths (0.6) of a mile east along the South Shore Road to Cottage Road, Number 1249.
Any person violating any provision of this Article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a term not to exceed fifteen (15) days, or both.