[HISTORY: Adopted by the Town Board of the Town of Busti 3-3-1975 by L.L. No.
1-1975 (Art. 31 of the 1989 Code). Amendments noted
where applicable.]
A.
No civil action shall be maintained against the Town of Busti or
the Superintendent of Highways of the Town for damages or injuries
to person or property, including those arising from the operation
of bicycles and snowmobiles, sustained by reason of any highway, crosswalk,
bridge, culvert, highway marking, sign or device, or any other property
owned, operated or maintained by the Town 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 was actually given to the
Town Clerk or the Superintendent of Highways of the Town 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.
B.
No civil action shall be maintained for damages or injuries to persons
or property solely in consequence of the existence of snow or ice
upon any highway, bridge, culvert or any other property owned by the
Town unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk or the 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.
The Superintendent of Highways of the Town shall transmit, in
writing, to the Town Clerk, within 10 days after receipt thereof,
all written notices received by him pursuant to this chapter, and
he shall take any and all corrective action with respect thereto as
soon as practicable.
A.
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices which the Town Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition, or of any
accumulation of ice and snow in or upon any Town highway, bridge,
culvert, sidewalk or any other property owned by the Town or by any
improvement district, which record shall state the date of the receipt
of the notice, the nature and location of the condition stated to
exist, and the name and address of the person from whom the notice
is received.
B.
The record of such notice shall be preserved for a period of five
years from the date it is received.
C.
The Town Clerk, upon receipt of such written notice, shall immediately,
in writing, notify the Town Superintendent of Highways of the receipt
of such.
A.
Nothing contained in this chapter shall be held to repeal, modify
or waive any existing requirement or statute of limitations which
is applicable to these causes of action but, on the contrary, these
provisions shall be held to be additional requirements to the rights
to maintain such action; nor shall anything herein contained be held
to modify any existing rule of law relative to the question of contributory
negligence, nor to impose upon the Town, its officer and employees,
and/or any of its improvement districts any greater duty or obligation
than that it shall keep its streets, sidewalks and public places in
a reasonably safe condition for public use and travel.
B.
If any clause, sentence, phrase, paragraph or any part of this chapter
shall for any reason be adjudged finally by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this chapter but shall be confined in its operation
and effect to the clause, sentence, phrase, paragraph or part thereof
directly involved in the controversy or action in which judgment shall
have been rendered. It is hereby declared to be the legislative intent
that the remainder of this section would have been adopted had any
such provisions not been included.
