[Adopted 4-24-1995 by L.L. No. 1-1995]
As used in this article, the following terms
shall have the following meanings:
TOWN
The Town of Bergen, New York.
TOWN RIGHT-OF-WAY
The entire width between the boundary line of all property
which has been purchased or appropriated by the Town for Town highway
purposes, all property over which the Highway Superintendent or his
predecessors has assumed jurisdiction for Town highway purposes, all
property over which the Highway Superintendent has assumed jurisdiction
during the period of construction, reconstruction or improvement and
all property which has become part of the Town highway system through
dedication or use.
Any person, firm or corporation violating this
article shall be liable for a fine of not less than $25 and not more
than $250 for each day of violation, to be recovered by the Highway
Superintendent and paid into the Town Highway Fund for construction,
reconstruction and maintenance of Town highways, and may also be removed
therefrom as trespasser by the Highway Superintendent upon petition
to the Town Justice Court or the Supreme Court of the State.
[Adopted 11-26-2019 by L.L. No. 5-2019]
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.
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk, within 10 days after the receipt thereof, all written
notices received pursuant to this article and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received
pursuant to this article and Subdivision 2 of § 65-a of
the Town Law to be presented to the Town Board within 10 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 Bergen Subdivisions 1 and 3 of § 65-a of the Town Law.
This article shall take effect immediately upon its filing in
the office of the Secretary of State.