[HISTORY: Adopted by the Town Board of the Town of Kendall 8-10-1995 by L.L. No.
1-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 243.
No civil actions shall be maintained against any Town of Kendall
Highway Superintendent 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 Highway Superintendent,
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
Highway Superintendent 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 Highway Superintendent shall transmit in writing to
the Town Clerk within 10 days after the receipt thereof all written
notices received pursuant to this chapter and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received
pursuant to this chapter 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 chapter shall supersede in its application of the Town
of Kendall Subdivisions 1 and 3 of § 65-a of the Town Law.
