Section 1: 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
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
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.
Section 2. 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 local law and subdivision
2 of section 65-a of the Town Law. The town clerk shall cause all written
notices received pursuant to this local law and subdivision 2 of section 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.
Section 3:
This local law shall supersede in its application to the Town of
Florence subdivisions 1 and 3 of Section 65-a of the Town Law.
Section 4:
This local law shall take effect immediately upon its filing in the
office of the Secretary of State.
Please note that Town Law Section 65-a, Subdivision 4,
requires the Town Clerk to keep a separate indexed record (by location) of all
such notices received. In the event of litigation, the Town will be expected to
demonstrate compliance with this provision.
