[Adopted as Ch. 59, Art. I, of the 1979 Code]
No civil action shall be maintained against
the Town of Southampton or the Town Superintendent of Highways 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 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; and 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 the Town Superintendent
of Highways 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 Superintendent of Highways shall transmit,
in writing, to the Town Clerk, within five days after the receipt
thereof, all written notices received by him pursuant to this article
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 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.
This article shall supersede, in its application
to the Town of Southampton, Subdivisions 1 and 3 of § 65-a
of the Town Law.
