[HISTORY: Adopted by the Town Board of the Town of Ossining as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-23-1981 by L.L. No. 2-1981]
A.
No civil action 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 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; but no such action shall be maintained for damages or injuries to person
or property sustained solely in the consequence of the existence of snow or
ice upon any highway, bridge or culvert unless written notice thereof, specifying
a 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 Ossining or the Town Superintendent of Highways for damages from injuries
to person or property sustained by reason of any defect in its sidewalks 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 or to the Superintendent of Highways, and there was
a failure or neglect to cause such defect to be remedied, 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.
[Added 2-12-2002 by L.L. No. 4-2002]
The Town Superintendent of Highways shall transmit in writing to the
Town Clerk within five days after the receipt thereof all written notices
received by him pursuant to this Article and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received by
him or her pursuant to this article 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 article shall supersede in its application to the Town of Ossining
Subdivisions 1 and 3 of § 65-a of the Town Law.
