[Adopted 12-14-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. III,
Notification of Defects, adopted 2-14-1978 by L.L. No. 1-1978 as Ch.
23 of the 1973 Code.
The authority for this article is contained in § 65-a
of the New York State Town Law and shall be read and interpreted in
conjunction with § 65-a of the Town Law.
A.
No civil action shall be maintained against the Town or the Town
Superintendent of Highways, nor any improvement district of the Town
or against any employees or officials acting in such capacity, for
damages or injuries to person or property, including those arising
from the operation of snowmobiles, sustained by reason of any highway,
bridge, street, sidewalk, crosswalk, footpath, shoulder, culvert,
bike path, parking lot, building or structure, signs or lights 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, footpath,
shoulder, culvert, bike path, parking lot, building or structure,
signs or lights being defective was actually given to the Town Clerk
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.
B.
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, footpath,
shoulder, culvert, bike path, parking lot, building or structure,
signs or lights unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk 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 written notice hereunder shall contain at least the following
information:
A.
Name and mailing address of the person giving notice.
B.
A precise statement as to the nature and extent of any defective,
unsafe, dangerous, or obstructed condition or the existence of snow
or ice upon any highway, bridge, street, sidewalk, crosswalk, footpath,
shoulder, culvert, bike path, parking lot, building or structure,
signs or lights within the Town of Moreau.
C.
The approximate date that such condition first became known to the
person giving the notice.
D.
The exact location of such condition, giving, wherever possible,
reference to a street address or addresses, utility pole numbers or
such other geographic references as will aid the Town in properly
locating such condition.
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 article and Subdivisions 1 and 2
of § 65-a of the Town Law. The Town Clerk shall cause all
written notices received pursuant to this article and Subdivisions
1 and 2 of § 65-a of the Town Law to be presented to the
Town Board within five days of the receipt thereof.
The Town Clerk shall keep a separate indexed record of all notices
received pursuant to § 65-a, Subdivision 4, of the Town
Law.
This article shall take effect upon filing with the New York
State Secretary of State.
