Town of Penfield, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Penfield 7-5-1977 by L.L. No. 2-1977; amended in its entirety 12-16-2015 by L.L. No. 3-2015. Subsequent amendments noted where applicable.]

§ 144-1 Limitations on liability.

A. 
No civil action shall be maintained against the Town of Penfield or the Town of Penfield 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, or in the absence of such notice, unless such defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence; 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.
B. 
No civil action shall be maintained against the Town of Penfield or the Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any defects in its sidewalks, or in consequence of the existence of snow or ice upon such 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 or the Town Superintendent of Highways 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.

§ 144-2 Record of notices.

The Town Superintendent of Highways shall transmit in writing to the Town Clerk, within 10 days after the receipt thereof, all written notices received by him/her pursuant to this chapter and Town Law § 65-a, Subdivisions 1 and 2. The Town Clerk shall cause all written notices received by him/her pursuant to this chapter and Town Law § 65-a, Subdivision 2, 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.

§ 144-3 Supersession of state law.

This chapter shall supersede in its application to the Town of Penfield Town Law § 65-a, Subdivisions 1 and 3.