[HISTORY: Adopted by the Town Board of the
Town of Canandaigua 4-4-1977 by L.L. No. 2-1977 (Ch. 64, Art. II, of
the 1977 Code). Amendments noted where applicable.]
A.
No civil action shall be maintained against the Town
or Town Highway and Water Superintendent for damages or injuries to
person or property sustained by reason of any highway, bridge, sidewalk
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, sidewalk or culvert was actually
given to the Town Clerk or Town Highway and Water Superintendent and
there was a failure or neglect to repair or remove the defect, danger
or obstruction complained of, within a reasonable time after the giving
of such notice.
B.
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, sidewalk or
culvert, unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or Town Highway and Water
Superintendent 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 Highway and Water Superintendent shall
transmit, in writing, to the Town Clerk, within 10 days after the
receipt thereof, all written notices received by him or her pursuant
to this chapter 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 chapter 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 chapter shall supersede in its application
to the Town of Canandaigua Subdivisions 1 and 3 of § 65-a
of the Town Law.
