[HISTORY: Adopted by the Town Board of the Town of Stafford 3-13-2000 by L.L. No.
1-2000. Amendments noted where applicable.]
The purpose and intent of this chapter is to repeal Local Law
No. 1 of the year 1985 and replace said local law with a new enactment
as herein provided which enactment shall also supersede in its entirety
the provisions contained in § 65-a of the Town Law of the
State of New York.
No civil action shall be maintained against the Town of Stafford
or Town Superintendent of Highways for damages or injuries to person
or property sustained by reason of any highway, bridge or culvert
(or any other property owned or maintained by the Town of Stafford)
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 (or other property owned
or maintained by the Town of Stafford) 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.
Furthermore, 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.
No civil action shall be maintained against any Town or Town
Superintendent of Highways for damages or 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
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.
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 pursuant to this chapter. The Town Clerk shall
cause all written notices received by him or her pursuant to this
chapter to be presented to the Town Board within 10 days of the receipt
thereof or at the next succeeding Town Board meeting, whichever shall
be sooner.
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices which he shall receive of the existence of
a defective, unsafe, dangerous or obstructed condition in or upon,
or of an accumulation of ice or snow upon, any Town highway, bridge,
culvert or sidewalk, which record shall state the date of 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. The record of each notice shall be preserved for a period
of five years after the date it is received.
