[HISTORY: Adopted by the Town Board of the Town of Ithaca 12-13-1977 by L.L. No. 3-1977; amended in its entirety 10-19-2009 by L.L. No. 11-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of Town employees — See Ch. 28.
Streets and sidewalks — See Ch. 230.
No civil action shall be maintained against the Town or Town Highway Superintendent/Director of Public Works for damages or injuries to persons or property sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert , sidewalk or crosswalk was actually given to the Town Clerk or Town Highway Superintendent/Director of Public Works, 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 street, highway, bridge, culvert, sidewalk or crosswalk, unless written notice thereof, specifying the particular place, was actually given the Town Clerk or Town Highway Superintendent/Director of Public Works 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. In addition, no such action shall be maintained against the Town or Town Highway Superintendent/Director of Public Works for damages or injuries sustained by reason of any of its sidewalks being defective, out of repair, unsafe, dangerous or obstructed, 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 or the Town Highway Superintendent/Director of Public Works pursuant to statute. For the purposes of this chapter, "sidewalk" shall include an underpass, pedestrian walkway, path, step, and stairway, and some sidewalks may be utilized by bicyclists as well as pedestrians.
[Amended 8-11-2025 by L.L. No. 10-2025]
For the purposes of this chapter, "written notice" shall mean a written physical hard copy; a notice submitted via email to the Town Clerk or Highway Superintendent/Director of Public Works at the address for the applicable official shown on the Town's official website; or a notice submitted via the Town's official website or any other website, service, or application the Town uses to allow the public to submit to the Town reports of defects described in § 188-1. Any notice submitted electronically to the Town as described in this section shall be deemed submitted only upon the Town's sending a confirmation to the person submitting the notice that the Town Clerk or the Highway Superintendent/Director of Public Works has received the notice. The Highway Superintendent/Director of Public Works shall transmit all written notices received by them pursuant to this chapter to the Town Clerk within 10 days of the receipt thereof. The Town Clerk shall distribute a copy of all written notices received by them pursuant this chapter to members of the Town Board within 10 days of the receipt thereof and maintain an index of such notices, by location, for a period of no less than five years from the date of receipt of said notice.