No civil action shall be maintained against any town or Town Highway
Superintendent 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 Highway Superintendent, 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 Highway Superintendent 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.
The Town Highway Superintendent shall transmit in writing to the Town
Clerk within five days after the receipt thereof all written notices received
by him pursuant to this chapter 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 chapter 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 chapter shall supersede in its application to the Town of Clay
Subdivisions 1 and 3 of § 65-a of the Town Law.