No civil actions shall be maintained against the town or Town Superintendent
of Highways for damages or injuries to person or property sustained by reason
of highway, bridge, street, sidewalk, crosswalk 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,
street, sidewalk, crosswalk 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. 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, street, sidewalk,
crosswalk 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 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 pursuant to this chapter and Subdivision 2 of § 65-a of
the Town Law. The Town Clerk shall cause all written notices received 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 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 Brutus
Subdivisions 1 and 3 of § 65-a of the Town Law.