[Adopted 12-6-1977 as L.L. No. 2-1977]
Notwithstanding the provisions of § 65-a of the Town Law of
the State of New York, no civil action shall be maintained against the Town
of Riga or its Town Superintendent of Highways for damages or injuries to
person or property sustained by reason of any highway, 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,
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; but 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 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. The Town Clerk shall cause all written notices received by
him or her 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.
This Article shall supersede in its application to the Town of Riga
Subdivisions 1 and 3 of § 65-a of the Town Law.