No civil action shall be maintained against
the Town of Halfmoon or its 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.
No civil action shall be maintained against
the Town of Halfmoon or its 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 of Halfmoon or its 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.
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 pursuant to this chapter.
The Town Clerk of the Town of Halfmoon shall
keep an indexed record, in a separate book, of all written notices
which he 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, 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. The record of each notice
shall be preserved for a period of five years after the date it is
received.
[Added 3-4-2020 by L.L. No. 2-2020. Amendments noted where
applicable.]
This chapter is intended to supersede New York State Town Law
§ 65-a.