[Amended 8-14-1984 by L.L.
No. 8, 1984; 6-14-2005 by L.L. No. 3-2005]
No civil action shall be maintained against the Town of North Hempstead
or the Town Superintendent of Highways for damages or injuries to person or
property sustained in consequence of any highway, bridge, culvert, sidewalk
or crosswalk being defective, out-of-repair, unsafe, dangerous or obstructed
or for damages or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, culvert, sidewalk
or crosswalk unless written notice, manually subscribed by the complainant,
of the defective, unsafe, dangerous or obstructed condition, or the existence
of the snow or ice, relating to the particular place was actually given to
the Town Superintendent of Highways or the Town Clerk and there was a failure
or neglect, within a reasonable time after the receipt of such notice, to
repair or remove the defect, danger or obstruction complained of or to cause
the snow or ice to be removed or the place otherwise made reasonably safe.
The Town Superintendent of Highways shall transmit in writing to the
Town Clerk within 10 days after the receipt thereof all written notices received
by him pursuant to this chapter.
The Town Clerk shall keep an indexed record of all written notices which
he shall receive of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon, or of an accumulation of snow or ice upon, any Town
highway, bridge or culvert in accordance with Subdivision 4 of § 65-a
of the Town Law.
This chapter shall supersede Subdivision I of § 65-a of the
Town Law in its application to the Town of North Hempstead.