Town of North Hempstead, NY
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2023-11-14
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The Code
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Chapter 26 Highways: Notice of Defect
- The Code
- Ch 1 General Provisions
- Ch 2 Administration and Enforcement
- Ch 2A Unsafe Property and Buildings
- Ch 3 Attendance of Employees At Outside Meetings
- Ch 4 Appearance Tickets; Authority to Prosecute
- Ch 4A Balloons
- Ch 5 Bingo
- Ch 6 (Reserved)
- Ch 7 Building Code
- Ch 8 Building and Safety: Multiple Residence
- Ch 9 Building and Safety: Places of Assembly and Places of Public Assembly
- Ch 9A Building and Safety: Operating Permits
- Ch 10 Numbering of Buildings; Honorary Street Names
- Ch 10A Business Improvement Districts
- Ch 11 Cabarets, Restaurants and Other Places of Public Entertainment
- Ch 11A Cannabis
- Ch 12 Circuses
- Ch 12A Commercial Handbills
- Ch 13 Dealers in Secondhand Merchandise
- Ch 14 Dogs
- Ch 14A Domestic Partnerships, Registration of
- Ch 15 Elections On Propositions
- Ch 15A Election Districts
- Ch 15B Town Clerk; Term of Office
- Ch 16 Employee Organizations
- Ch 16A Ethics, Code of
- Ch 16B Anti-Nepotism
- Ch 17 Excavations, Hazardous
- Ch 18 Highway Excavations and Curb Cuts
- Ch 19 Explosives
- Ch 20 Environmental Quality Review
- Ch 20A Environmental Planning, Conservation and Care of Trees
- Ch 20B Environmental Trust Fund
- Ch 20C Manhasset Bay Improvement Fund
- Ch 20D Environmental Legacy Fund
- Ch 20E WTC Relief Fund
- Ch 21 Floodplain Management Regulations
- Ch 22 Fire Prevention
- Ch 22A Games of Chance
- Ch 23 Governmental Departments
- Ch 23A Exemption of Real Property Within Villages
- Ch 24 Governmental Operations
- Ch 25 Grading and Soil Removal
- Ch 26 Highways: Notice of Defect
- § 26-1 Written notice required.
- § 26-2 Notice to Clerk.
- § 26-3 Recordkeeping.
- § 26-4 Supersession of statutory provision.
- Ch 27 Historic Landmarks Preservation
- Ch 28 Housing, Rehabilitation and Property Maintenance Code
- Ch 28A Housing, Open
- Ch 29 Inflammable Materials
- Ch 29A Underground Storage of Flammable and Other Hazardous Liquids
- Ch 30 Security Gates On Premises Located Within Any Business District
- Ch 31 Junk Dealers
- Ch 32 Drop-Off Bins
- Ch 33 Launderettes
- Ch 34 Littering and Dumping
- Ch 35 Materials, Deposit of
- Ch 36 Movies and Filming
- Ch 37 Mechanical Bucking Devices
- Ch 38 Noise
- Ch 38A Landscaping and Gardening
- Ch 39 Regulation of Town Parks, Town Gardens and Town Docks
- Ch 39A Payroll Deductions
- Ch 40 Peddlers and Solicitors
- Ch 40A Personal Property, Abandonment of
- Ch 41 Plumbing
- Ch 41A (Reserved)
- Ch 41B Public Parking Fields
- Ch 42 Public Waterways; Structures
- Ch 43 Regulation of Public Spaces
- Ch 44 Regulation of Alcoholic Beverages
- Ch 44A Retirement Incentive Program
- Ch 45 Sand Bank and Pit Excavations
- Ch 46 Sanitation
- Ch 46A Stormwater Management and Sediment and Erosion Control
- Ch 47 Sewers
- Ch 47A Water
- Ch 47B Storm Sewers
- Ch 48 Sidewalks
- Ch 49 Snow Removal, Snow Emergencies and Street Cleaning
- Ch 51 Taxation
- Ch 52 Taxicabs, Limousines and Private Livery Vehicles
- Ch 54 Tobacco
- Ch 55 Tow Trucks
- Ch 56 (Reserved)
- Ch 57 Town Facilities
- Ch 58 Governmental Transparency
- Ch 59 Town Lands, Shorefronts and Land Under Water
- Ch 59A Town Property: Notice of Defects
- Ch 60 Trade On Memorial Day
- Ch 61 Trespass
- Ch 62 Unattended Animals
- Ch 63 Unsafe Structures
- Ch 64 Utility Pole Space, Condemnation of
- Ch 64A Double Utility Poles, Removal of
- Ch 64B Utility Pole Hazardous Chemical Warning
- Ch 65 Vehicles and Traffic
- Ch 65A Vehicles, All-Terrain
- Ch 65B Failure to Stop for School Buses
- Ch 66 Skateboards, In-Line Skates and Similar Devices
- Ch 67 Bamboo
- Ch 69 Waterways and Regulation of Boats
- Ch 70 Zoning
- Ch 75 Wireless Telecommunications Facilities
- Appendix
- Ch 80 Locker Rental Fees For Town Beaches
- Ch 81 Fallout Shelter Rules and Regulations
- Ch 99 Miscellaneous Laws
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Art I General Provisions
- Art II Traffic Regulations
- Art III Parking, Standing and Stopping
- Art IV Off-Street Firesafety Parking Zones
- Art V Handicapped Parking
- Art VI Removal and Storage of Vehicles
- Art VII Miscellaneous Provisions
- Sch TC1 Traffic Control Signals
- Sch TC2 Speed Limits
- Sch TC3 School Speed Limits
- Sch TC4 One-Way Streets
- Sch TC5 U-Turn Prohibitions
- Sch TC6 Prohibited Turns At Intersections
- Sch TC7 Prohibited Right Turns On Red Signal
- Sch TC8 Stop Intersections
- Sch TC9 Yield Intersections
- Sch TC9A Gridlock Intersections
- Sch TC10 Trucks Over Certain Weights Excluded
- Sch TC11 Parking Prohibited At All Times
- Sch TC12 Parking of Commercial Vehicles Prohibited
- Sch TC13 Parking of Taxicabs Prohibited At All Times
- Sch TC14 No Stopping
- Sch TC15 No Standing
- Sch TC16 Parking Prohibited Certain Hours
- Sch TC17 No Stopping Certain Hours
- Sch TC18 No Standing Certain Hours
- Sch TC19 Time Limit Parking
- Sch TC20 Angle and Head-In Parking
- Sch TC21 Loading Zones
- Sch TC22 Taxi Stands
- Sch TC23 Bus Stops
- Sch TC24 Fire Lanes
- Sch TC25 Class A Fire Zones
- Sch TC26 Class B Fire Zones
- Sch TC27 Snow Emergency Routes
- Sch TC28 Commercial Vehicles Prohibited At All Times
- Sch TC29 Prohibited Street Entry
- Sch TC30 Lane Use Designations
- Sch TC31 Restricted Parking
- Sch TC32 (Reserved)
- Art IX Port Washington Public Parking District
- Art X Parking Area At Mary Jane Davies Green Park
- Art XI Prospect Avenue Parking Field
- Ch TCI Street Index
[HISTORY: Adopted by the Town Board of the Town of North Hempstead 1-10-1978
by L.L. No. 1-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Notice of defects on Town property — See Ch. 59A.
[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.
