[HISTORY: Adopted by the Town Board of the Town of Barton 4-11-1988.
Amendments noted where applicable.]
No action or special proceeding shall be prosecuted or maintained against
the Town of Barton, the Town of Barton Superintendent of Highways or other
officer, agent, employee or appointee of the Town of Barton for personal injury,
wrongful death or damage to real or personal property alleged to have been
sustained by reason of the negligence or wrongful act of such Town of Barton
or the Town of Barton Superintendent of Highways or other officer, agent,
employee or appointee of the Town of Barton for the defective, unsafe, out-of-repair,
dangerous or obstructed condition, including the existence of snow, ice, loose
gravel or other foreign substance thereon, of any town-owned, -leased or otherwise
controlled property of any kind, including but not limited to streets, roads,
highways, sidewalks, bridges, lands, culverts, sluices, street or traffic
control signs, poles, standards, gravel pits, driveways, buildings and other
structures, equipment, disposal sites, streams or bodies of water, drains,
parks, playgrounds, recreation areas, tennis courts, swimming pools, wading
pools, pavilions, water lines, sewer lines and utilities either above ground
or underground, unless written notice thereof was actually given to the Town
of Barton Clerk or Town of Barton Superintendent of Highways previously thereto
and there was a failure or neglect within a reasonable time after the giving
of such notice to repair or remove such condition complained of.
Such written notice shall contain the name and address of the person
giving such notice, date of existence and condition complained of.
The Town of Barton Superintendent of Highways or other officer, agent,
employee or appointee of the Town of Barton shall transmit in writing to the
Town of Barton Clerk within 10 days after the receipt thereof all written
notices received by said Town of Barton Superintendent of Highways or other
officer, agent, employee or appointee of the Town of Barton pursuant thereto.
Recordkeeping requirements pertaining to such notices, including preservation
of the notices, shall be as set forth in § 65-a of the Town Law
of the State of New York, as amended from time to time, or other statutes
amendatory thereto.
Nothing herein shall be construed as enlarging in any way the liability
of the Town of Barton, Town of Barton Superintendent of Highways or other
officer, agent, employee or appointee of the Town of Barton.
Nothing herein shall be deemed in any way to alter or amend the time
limitations nor service requirements of §§ 50-e through 50-i
of the General Municipal Law of the State of New York as the same now exists
or may be hereafter amended.
