No civil action shall be maintained against
the Town and/or the Town Highway Superintendent for damages or injuries
to persons or property sustained by reason of any defect in the sidewalks
of the Town or in consequence of the existence of snow or ice upon
any of its sidewalks, unless such sidewalks have been constructed
or are maintained by the Town Highway Superintendent pursuant to statute,
nor shall any action be maintained for damages or injuries to persons
or property sustained by reason of such defect or in consequence of
such existence of snow or ice unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk or the
Town Highway Superintendent and there was a failure or neglect to
cause such defect to be remedied, 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.
No civil action shall be maintained against the Town of Liberty or against any improvement district in the Town for damages or injuries to person or property sustained by reason of any property owned, operated or maintained by the Town of Liberty or any property owned, operated or maintained by any improvement district therein, being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of said defective, unsafe, dangerous or obstructed condition, specifying the particular place, was actually given to the Town Clerk of the Town of Liberty or the Town Superintendent of Highways and there is 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; but no action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any property owned, operated or maintained by the Town of Liberty or any property owned, operated or maintained by any improvement district therein unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Liberty or the 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. For purposes of this section, "property of the Town of Liberty or of any improvement district in the Town" shall include, but not be limited to, the interior and exterior of any building owned, operated, maintained or controlled by the Town of Liberty or any improvement district therein, parklands, historic sites, recreation areas, swimming pools, scenic sights, overlooks, garages, storage areas, any road, bridge or culvert other than a street, highway, bridge or culvert provided for in §
128-1 and sidewalks, ramps, accessways and other methods of ingress and egress to or from, within or without such property.
The Town Highway Superintendent shall transmit,
in writing, to the Town Clerk, within 10 days after receipt thereof,
all written notices received by him or her pursuant to this article,
and the Town Highway Superintendent shall take any and all corrective
action with respect thereto as soon as practicable.
The Town Clerk shall keep an index record in
a separate book of all written notices which the Town Clerk shall
receive of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon or of an accumulation of snow and ice upon any
Town street, highway, bridge, culvert or sidewalk or any other property
owned by the Town or by any improvement district, which record shall
state the date of the receipt of the notice, the nature and location
of the condition stated to exist and the name and address of the person
from whom the notice is received. The record of such notice shall
be preserved for a period of five years from the date it is received.
The Town Clerk, upon receipt of such written notice, shall immediately
and in writing notify the Town Highway Superintendent of the receipt
of such notice.
Nothing contained in this Part 1 shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these causes of action but, on
the contrary, shall be held to be additional requirements to the rights
to maintain such action nor shall anything herein contained be held
to modify any existing rule of law relative to the question of contributory
negligence nor to impose upon the Town of Liberty, its officers and
employees and/or any of its improvement districts any greater duty
or obligation than that it shall keep its streets, highways, sidewalks
and public places in reasonably safe condition for public use and
travel.
This article shall supersede, in its application
to the Town of Liberty, Subdivisions 1 and 3 of § 65-a of
the Town Law of the State of New York.