[Adopted 12-12-1978 as L.L. No. 1-1978]
No civil action shall be maintained against
the Town of Mount Pleasant, any town department or the Town Superintendent
of Highways for damages or injuries to person or property sustained
by reason of any highway, sidewalk, bridge 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, sidewalk, bridge 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;
and 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, sidewalk, bridge 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 by him pursuant to this article 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, and the Town Clerk
shall keep a written log or record of each such notice.
This article shall, within the unincorporated
area of the Town of Mount Pleasant, supersede in its application Subdivisions
1 and 3 of § 65-a of the Town Law.
