This chapter shall provide for written notification
of defects and obstructions on Town highways, bridges, streets, sidewalks,
crosswalks and culverts in the Town of New Berlin.
No civil actions 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,
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 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 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 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 New Berlin Subdivisions 1 and 3 of § 65-a
of the Town Law.