Town of Highlands, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highlands as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-22-1986 by L.L. No. 1-1986]

§ 167-1 Prior notification required.

A. 
No civil action shall be maintained against the Town of Highlands or the Town Superintendent of Highways of the town, or against any improvement district in the town for damages or injuries to person or property (including those arising from the operation of snowmobiles) sustained by reason of any highway, bridge, culvert, highway marking, sign or device, or any other property owned, operated or maintained by the town 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 such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, highway marking, sign or device, or any other property owned, operated or maintained by the town, or any property owned, operated or maintained by any improvement district, was actually given to the Town Clerk of the town or the Town Superintendent of Highways of the town, and there was thereafter a failure or neglect within a reasonable time to repair or remove the defect, danger or obstruction complained of; and no such 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 highway, bridge, culvert or any other property owned by the town or any property owned by any improvement district in the town unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the town or the Town Superintendent of Highways of the town 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.
B. 
No civil action will be maintained against the town and/or the Town Superintendent of Highways of the town for damages or injuries to person 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 or the Superintendent of Highways of the town pursuant to statute, nor shall any action be maintained for damages or injuries to person 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 of the town or to the Town Superintendent of Highways of the town 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.

§ 167-2 Transmittal of notice.

The Town Superintendent of Highways of the town shall transmit, in writing, to the Town Clerk of the town within five days after receipt thereof, all written notices received by him pursuant to this article, and he shall take any and all corrective action with respect thereto as soon as practicable.

§ 167-3 Record of notices; notification.

The Town Clerk of the town shall keep an accurate record 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 ice and snow upon any town highway, bridge, culvert or a sidewalk or any other property owned by the town or by any improvement district. The Town Clerk, upon receipt of such written notice, shall immediately, and in writing, notify the Town Superintendent of Highways of the town of the receipt of such notice.

§ 167-4 Construal.

Nothing contained in this article shall be held to repeal or modify or waive any existing requirement or statute of limitations but, on the contrary, shall be held to be additional requirements to the rights to maintain such action. Nothing contained herein shall be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the town, its officers and employees, and/or any of its improvement districts, any greater duty or obligations than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.

§ 167-5 Supersession of state law.

[Added 9-12-1995 by L.L. No. 1-1995]
This article shall supersede in its application by the Town of Highlands Subdivisions 1 and 3 of § 65-a of the Town Law of the State of New York.
[Adopted 1-9-2001 by L.L. No. 1-2001]

§ 167-6 Purpose.

The purpose of this article is to promote the health and safety of the residents and the persons using the sidewalks in the town.

§ 167-7 Placement of sidewalk prohibited; treatment of snow and ice.

The owner of property shall not permit or allow snow and/or ice to be plowed, shoveled or otherwise placed on adjoining property or any sidewalk adjoining, or in the vicinity of property used for pedestrian traffic. If the snow and ice cannot be removed because of physical conditions, they shall be covered or sprinkled with sand or other materials intended to prevent slipping and promote melting.

§ 167-8 Definitions.

For purposes of this article, "person" is defined as a person, corporation, partnership or any similar group or body.

§ 167-9 Penalties for offenses.

A. 
Any person charged with a violation of this article shall be subject to a penalty of $25. In addition to the penalty, the person violating this article may, upon conviction for an unclassified misdemeanor, be punishable by a fine of $100. Three violations of this article shall presumptively constitute such misdemeanor.
B. 
Each day on which there is no compliance with this article shall constitute a separate infraction for which a separate penalty shall be assessed.

§ 167-10 Removal by town.

In addition, the Town Superintendent of Highways may, at his option, in the event of a violation of this article, remove the snow or ice from the adjoining property and sidewalk, on which such snow and ice was placed in violation of this article, fixing and assessing the expense thereof against the owner who has violated this article, in the manner provided by law.