[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 6-3-1991
by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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),[1] originally adopted as Ordinance No. 28, is hereby repealed.
[1]
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.
