[HISTORY: Adopted by the Town Board of the Town of Boston 10-16-85
by L.L. No. 2-1985. Section 76-5 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
No civil action shall be maintained against the Town of Boston or the
Town Superintendent of Highways of the Town or against any improvement district
in the Town for damages or injuries to persons or property, including those
arising from the operation of snowmobiles, sustained by reason of any highway,
bridge, culvert, highway marking, sign or device or any property owned, operated
or maintained by any improvement district therein being defective, out of
repair, unsafe, dangerous or obstructed, unless written notice of such defective,
unsafe, dangerous or obstructed condition of such highway, bridge, culvert,
highway marking, sign or device or any other property owned, operated or maintained
by any improvement district was actually given to the Town Clerk of the Town
or the Town Superintendent of Highways of the Town and there was thereafter
a failure or neglect within a reasonable time to repair or remove the defect,
danger or obstruction complained of, and no such action shall be maintained
for damages or injuries to persons or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, culvert or any other
property owned by the Town or any property owned by any improvement district
in the Town unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk of the Town or the Town Superintendent
of Highways of the Town and there was a failure or neglect to cause such snow
or ice to be removed or to make the place reasonably safe within a reasonable
time after the receipt of such notice.
No civil action will be maintained against the Town and/or the Town
Superintendent of Highways of the Town for damages or injuries to persons
or property sustained by reason of defects in the sidewalks unless such sidewalks
have been constructed or are maintained by the Town or the Superintendent
of Highways of the Town pursuant to statute, nor shall any action be maintained
for damages or injuries to persons or property sustained by reason of such
defects in consequence of such existence of snow or ice unless written notice
thereof, specifying the particular place, was given to the Town Clerk of the
Town or to the Town Superintendent of Highways of the Town and there was a
failure or neglect to cause such defect to be remedied, 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 of the Town shall transmit, in writing,
to the Town Clerk of the Town within five days after receipt thereof, all
written notices received by him pursuant to this chapter, and he shall take
any and all corrective action with respect thereto as soon as practicable.
The Town Clerk of the Town shall keep an accurate record of all written
notices which the Town Clerk 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, culvert or a sidewalk or any
other property owned by the Town or by any improvement district. The Town
Clerk, upon receipt of such written notice, shall immediately and in writing
notify the Town Superintendent of Highways of the Town of the receipt of such
notice.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of limitations, but on the contrary
the provisions of this chapter shall be held to be additional requirements
to the rights to maintain a civil action for damages. Nothing contained herein
shall be held to modify any existing rule of law relative to the question
of contributory negligence and/or culpable conduct, nor to impose upon the
Town, its officers and employees and/or any of its improvement districts any
greater duty or obligations than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and travel.
