[Adopted 6-29-1977 by L.L.
No. 3-1977]
[Amended 7-22-1992 by L.L.
No. 1-1992; 11-19-2003 by L.L. No. 13-2003]
A.
No civil action shall be maintained against the Town of Clarence
or the Superintendent of Highways of the Town of Clarence for damages to property
or injuries to any person or death sustained by reason of any street, highway,
bridge, culvert, sidewalk or crosswalk, or any part or portion of any of the
foregoing, including any encumbrances thereon or attachments thereto, in the
Town of Clarence being defective, out of repair, unsafe, dangerous or obstructed
by reason of snow or ice thereon or otherwise being defective, out of repair,
unsafe, dangerous or obstructed in any other way or manner, unless written
notice relating to the particular time, place and defective, unsafe, dangerous
or obstructed condition, or of the existence of snow or ice, was actually
given to the Town Clerk or Town Superintendent of Highways of the Town of
Clarence at least 24 hours before such damage, injury or death and that there
was a failure or neglect within a reasonable time after the receipt of such
notice to repair or remove the defect, danger or obstruction complained of
or the place otherwise made reasonably safe.
B.
As used in this subsection:
(1)
The term "street" shall include the curbstone, and avenue, underpass,
road, alley, lane, boulevard concourse, parkway, road or path within a park,
park approach, driveway, thoroughfare, public way, public square, public place,
public parking lot, public parking area and public parking garage.
(2)
The term "sidewalk" shall include a boardwalk, underpass, pedestrian
walk or path, whether paved or unpaved, step and stairway.
(3)
The term "bridge" shall include a viaduct and an overpass.
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 Clarence
Subdivisions 1 and 3 of § 65-a of the Town Law.
