[HISTORY: Adopted by the Town Board of the Town of Ballston as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-5-1998 by L.L.
No. 4-1998]
No civil action shall be maintained against the Town of Ballston or
the Town Superintendent of Highways of the town or against any improvement
district in the town for damages or injuries to person or property (including
those arising from the operation of snowmobiles) sustained by reason of any
street or appurtenance or improvement thereto, bridge, culvert, sluice, stormwater
drain, sewer or water pipe, street marking, sign or device or any other property
owned, operated or maintained by the town or any property owned, operated
or maintained by any improvement district, therein being defective, out of
repair, unsafe, dangerous or obstructed, unless written notice of such defective,
unsafe, dangerous or obstructed condition of such street or appurtenance or
improvement thereto, bridge, culvert, sluice, stormwater drain or sewer or
water pipe, street marking, sign or device or any other property owned, operated
or maintained by the town or any improvement district was actually given to
the Town Clerk of the town and there was thereafter a failure or neglect within
a reasonable time to repair or remove the defect, danger or obstruction complained
of; or, in the absence of such notice, unless such defective, unsafe, dangerous
or obstructed condition existed for so long a period that the same should
have been discovered and remedied in the exercise of reasonable care and diligence.
And no such action shall be maintained for damages or injuries to persons
or property sustained solely in consequence of the existence of the debris,
vegetation, snow or ice upon any street or appurtenance or improvement thereto,
bridge, culvert, sluice, stormwater drain, sewer or water pipe or any other
property owned by the town or any property owned by any improvement district
in the town unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk of the town and there was failure or
neglect to cause such debris, vegetation, snow or ice to be removed or to
make the place otherwise reasonably safe within a reasonable time after receipt
of such notice.
No civil action will be maintained against the Town Superintendent of
Highways of the town for damages or injuries to person or property sustained
by reason of any defect in the sidewalks of the town 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
of the town and there was a failure or neglect to cause such defect to be
remedied, 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 Clerk shall transmit, in writing, to the Town Superintendent
of Highways within five days after receipt thereof all written notices received
by the office of the Town Clerk pursuant to this article, and the Town Superintendent
of Highways shall take any and all corrective action with respect thereto
as soon as possible.
The Town Clerk of the town shall keep an accurate record of all written
notices which the Town Clerk shall receive of the existence of a defective,
unsafe, dangerous or obstructed condition pursuant to this article.
Nothing contained in this article shall be held to repeal or modify
or waive any existing requirement or statute of limitations but, on the contrary,
shall be held to be additional requirements to the rights to maintain such
action. Nothing contained herein shall be held to modify any existing rule
of law relative to the question of contributory negligence nor to impose upon
the town, its officers and employees and/or any of its improvement districts
any greater duty or obligations than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and travel.
