[Adopted 5-10-2004 by L.L. No. 2-2004[1]]
[1]
Editor's Note: This local law superseded former
Art. II, Prior Notice of Defects, adopted 7-28-1980 by L.L. No. 2-1980.
A.
No civil action shall be maintained against the Town
or Town Superintendent of Highways, nor other employees or officers
thereof, acting in such capacity for damages or injuries to person
or property sustained by reason of any highway, bridge, street, sidewalk,
crosswalk, culvert, park, recreational facility, grating, opening,
drain, sewer, pier or dock being defective, out of repair, unsafe,
dangerous or obstructed unless, prior to the occurrence resulting
in such damage or injuries, written notice of the defective, unsafe,
dangerous or obstructed condition of such highway, bridge, street,
sidewalk, crosswalk, culvert, grating, opening, drain, sewer, pier
or dock 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.
B.
No such action shall be maintained for damages or
injuries to personal property sustained solely in consequence of the
existence of snow or ice upon any highway, bridge, street, sidewalk,
crosswalk, culvert, park, recreational facility, grating, opening,
drain, sewer, pier, or dock, 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.[1]
The written notice hereunder shall contain at
least the following information:
A.
Name and mailing address of the person giving the
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,
culvert, grating, opening, drain, sewer, pier or dock within the Town
of Marlborough.
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, utility pole number or such
other geographic reference as will aid the Town in properly locating
such condition.
The Town Superintendent of Highways shall transmit
in writing to the Town Clerk within five days after receipt thereof
all written notices received pursuant to this article and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received 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.
The Town Clerk shall keep an index record in
a separate book of all written notices which he or she shall receive
of the existence of a defective, unsafe, dangerous or obstructed condition
in or upon, or of an accumulation of ice and snow upon, any Town highway,
bridge, street, sidewalk, culvert, park, recreational facility, grating,
opening, drain, sewer, pier or dock, which record shall state the
date of receipt of the notice, the nature and location of the condition
stated to exist and the name and address of the person from whom the
notice was received. The record of such notice shall be preserved
for a period of five years from the date it is received.
For the purpose of this article, the terms "streets,"
"highway," "sidewalk," "crosswalk," "pier," and "dock" shall include
every path, step, or stairway and any other means of access of every
kind, nature and description whatsoever leading thereto or therefrom,
and which is owned, controlled and maintained by the Town of Marlborough.
