[HISTORY: Adopted by the Town Board of the
Town of Cato; Art I, 7-5-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 109.
[Adopted 7-5-1977 by L.L. No. 1-1977]
[Amended 7-7-1998 by L.L. No. 1-1998]
No civil actions shall be maintained against
the Town of Cato or the Town Superintendent of Highways for damages
or injuries to person or property sustained by reason of any highway,
bridge, street, sidewalk, crosswalk or culvert being defective, out
of repair, unsafe, dangerous or obstructed unless written notice of
such highway, bridge, street, sidewalk, crosswalk 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. 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
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 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 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 Cato, Subdivisions 1 and 3 of § 65-a of the
Town Law.
