[Adopted 5-24-1977 by L.L. No. 3-1977]
No civil action shall be maintained against
the Town or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge or
culvert being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, 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, 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 five 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.
This article shall supersede, in its application
to the Town of Southold, Subdivisions 1 and 3 of § 65-a
of the Town Law.
