[Adopted 6-4-1980 by L.L. No. 1-1980]
No civil action shall be maintained against
the Town of Lockport 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 notification 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.
No civil action shall be maintained against
the Town of Lockport for damages or injuries to person or property
sustained by reason of any property owned or leased by the Town of
Lockport or under control of the Town being defective, out of repair,
unsafe, dangerous, or obstructed unless written notification of such
defective, out of repair, unsafe, dangerous or obstructed condition
of such property was actually given to the Town Clerk of the Town
of Lockport 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.
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 Lockport Subdivisions 1 and 3 of § 65-a of
the Town Law.
