[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 6-3-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 210.
The purpose of this chapter is to provide that no civil action shall be maintained for damages or injuries in consequence of any streets, sidewalks, buildings or other facilities being defective, out of repair, unsafe, dangerous, obstructed or in consequence of any snow or ice thereon unless written notice was theretofore given and there was a failure to take action within a reasonable time.
No civil action shall be maintained against the Town of Cheektowaga, any of its districts located therein or any town officer, agent or employee for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sign, highway marking or device, sidewalk or crosswalk, storm or sanitary sewer line or appurtenance, traffic sign or signal or any town building or facility being defective, out of repair, unsafe, dangerous or obstructed or in consequence of snow and ice thereon unless it appears that written notice of such defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice on such highway, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways of the Town of Cheektowaga 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 or to cause the snow or ice to be moved or place made otherwise reasonably safe.
Such written notice shall be dated and signed and shall, among other things, specify the particular place and condition alleged to be out of repair, unsafe, dangerous or obstructed or the place and extent of the existence of the snow or ice and shall be actually given to the Town Highway Superintendent or Town Clerk.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within 10 days after receipt thereof, all written notices received by him pursuant to this chapter. The Town Clerk shall cause all written notices received by him or her pursuant to this chapter to be recorded and preserved pursuant to Town Law § 65-a, Subdivision 4.
This chapter shall supersede in its application to the Town of Cheektowaga Subdivisions 1 through 3 of § 65-a of the Town Law.
Chapter 42 of the Code of the Town of Cheektowaga (Liability of Town: Prior Notice Required), originally adopted as Ordinance No. 28, is hereby repealed.
Editor's Note: This is a reference to former Ch. 42 of the 1985 Code, which was repealed and replaced by this chapter.
If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing with the Secretary of State of the State of New York.