[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976
as Ch. 9 of the 1976 Code. Amendments noted where applicable.]
No civil action shall be maintained against the Town of Perinton, Monroe
County, New York, or the Town Superintendent of Highways of the Town of Perinton,
or against any improvement district in the Town of Perinton, for damages or
injuries to persons 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 of
the Town of Perinton or the Town Superintendent of Highways of the Town of
Perinton, and that 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; and no such action shall be maintained for damages
or injuries to persons or property sustained solely in consequence of the
existence of snow or ice upon any highway, bridge or culvert in the Town of
Perinton unless written notice thereof, specifying the particular place, was
actually given to the Town Clerk of the Town of Perinton or the Town Superintendent
of Highways of the Town of Perinton 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 will be maintained against the Town of Perinton and/or
the Town Superintendent of Highways of the Town of Perinton for damages or
injuries to persons or property sustained by reason of any defect in the sidewalks
of the Town of Perinton 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 Perinton or the Superintendent of Highways of
the Town of Perinton pursuant to statute, nor shall any action be maintained
for damages or injuries to persons 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 of Perinton or to the Town Superintendent of Highways of the Town
of Perinton 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 of the Town of Perinton shall transmit,
in writing, to the Town Clerk of the Town of Perinton within 10 days after
receipt thereof, all written notices received by him pursuant to this law,
and he shall take any and all corrective action with respect thereto as soon
as possible.
The Town Clerk of the Town of Perinton shall keep an index record, in
a separate book, of all written notices which she shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon, or of
an accumulation of ice and snow upon, any town highway, bridge, culvert or
a sidewalk, or any other property owned by the Town of Perinton or by any
improvement district, which record shall state the date of the 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 such notice shall be preserved for a period of five years from the date
it is received. The Town Clerk, upon receipt of such written notice, shall
immediately and in writing notify the Town Superintendent of Highways of the
Town of Perinton of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal, modify or
waive any existing requirement or statute of limitations which is applicable
to these causes of actions but, on the contrary, shall be held to be additional
requirements to the right to maintain such action, nor shall anything herein
contained be held to modify any existing rule of law relative to the question
of contributory negligence, nor to impose upon the Town of Perinton, 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.
