[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.]
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.
The Town Highway Superintendent/Director of
Public Works shall transmit in writing to the Town Clerk within 10
days after the receipt thereof all written notices received by him
or her pursuant to this chapter and Subdivisions 1 or 2 of § 65-a
of the Town Law. The Town Clerk shall cause copies of all written
notices received pursuant to this chapter and Subdivisions 1 or 2
of § 65-a of the Town Law to be distributed to members of
the Town Board within 10 days of the receipt thereof or at the next
succeeding Town Board meeting, which shall be sooner.
This chapter is adopted pursuant to § 10,
Subdivision 1(ii)d(3), of the Municipal Home Rule Law. This chapter
supersedes Subdivisions 1, 2 and 3 of § 65-a of the Town Law
to the extent this chapter is inconsistent with them
