[Adopted 12-2-1977 as Ch. 128, Art. II, of the 3-1977 Code]
No civil action shall be maintained against
any Town or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge 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 or culvert was actually given to
the Town Clerk or Town Superintendent of Highways, 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; and 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 or culvert unless written
notice thereof, specifying the particular place, was actually given
to the Town Clerk or Town Superintendent of Highways, 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 Superintendent of Highways shall transmit,
in writing, to the Town Clerk within five days after the receipt thereof,
all written notices received by him pursuant to this local law 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 local law 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 local law shall supersede, in its application
to the Town of East Hampton, Subdivisions 1 and 3 of § 65-a
of the Town Law.
This local law shall take effect immediately
upon its filing in the office of the Secretary of State in accordance
with the provisions of § 27 of the Municipal Home Rule Law.
