[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Editor's Note: This local law superseded former Art.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]
[1]
Editor's Note: See also Ch. 130, Art. III, Snow and Ice Removal.
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.