[Adopted 6-22-1995; amended in its entirety 4-6-2022 by L.L. No. 2-2022]
No civil actions shall be maintained against
any Town Clerk or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge,
street, sidewalk, crosswalk, culvert, ditch or swale being defective,
out of repair, unsafe, dangerous or obstructed, unless written notice
of such defective, unsafe, dangerous or obstructed condition of such
highway, bridge, street, sidewalk, crosswalk, culvert, ditch or swale
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. 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, street,
sidewalk, crosswalk, culvert, ditch or swale, unless written notice
thereof, specifying the particular place, was actually given to the
Town Clerk or Town Superintendent of Highways and there was 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 pursuant to this Part 2 and Subdivision 3 of § 65-a of the New York State Town Law. The Town Clerk shall cause all written notices received pursuant to this Part 2 and § 65-a of the New York State 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. 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
This Part 2 shall supersede in its application to § 65-a of the New York State Town Law.
