[HISTORY: Adopted by the Town Board of the Town of Lake George 4-13-1987
by L.L. No. 4-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Off-road vehicles — See Ch. 165.
No civil action shall be maintained against the Town of Lake George
or the Town Superintendent of Highways of the Town or against any improvement
district in the Town for damages or injuries to person or property or for
wrongful death (including those arising from the operation of snowmobiles
and off-road vehicles) sustained by reason of any highway, bridge, culvert,
sluice, drain, ditch, embankment, retaining wall, highway marking, sign or
device or any property owned, operated or maintained by the Town or other
property owned, operated or maintained by any improvement district therein
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, sluice, drain, ditch, embankment, retaining wall,
highway marking, sign or device or any other property owned, operated or maintained
by the Town or any property owned, operated or maintained by any improvement
district was actually given to the Town Clerk of the Town or the Town Superintendent
of Highways of the Town and there was thereafter a failure or neglect within
a reasonable time to repair or remove the defect, danger or obstruction complained
of; and no such action shall be maintained for damages or injuries to persons
or property or for wrongful death sustained solely in consequence of the existence
of snow or ice upon any highway, bridge, culvert, sluice, drain, embankment,
retaining wall or any other property owned by the Town or any property owned
by any improvement district in the Town unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the Town or
the Town 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.
No civil action will be maintained against the Town and/or the Town
Superintendent of Highways of the Town for damages or injuries to person or
property or for wrongful death sustained by reason of any defect in the sidewalks
of the Town 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
or for wrongful death 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 of the Town or
to the Town Superintendent of Highways of the Town 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.
[Amended 7-11-1994 by L.L.
No. 1-1994]
The Town Superintendent of Highways of the Town shall transmit, in writing,
to the Town Clerk of the Town 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 of the Town shall keep an accurate record
of all written notices which the Town Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon, or of
an accumulation of ice and snow upon, any Town highway, bridge, culvert, sluice,
drain, ditch, embankment, retaining wall or a sidewalk or any other property
owned by the Town or by any improvement district therein.
B.
All written notices shall be indexed according to the
location of the alleged defective, unsafe, dangerous or obstructed condition
or the location of the accumulated snow or ice.
[Added 7-11-1994 by L.L.
No. 1-1994]
C.
The Town Clerk, upon receipt of such written notice,
shall immediately and in writing notify the Town Superintendent of Highways
of the Town of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute or limitations but, on the contrary,
shall be held to be additional requirements to the rights to maintain such
action. Nothing contained herein shall be held to modify any existing rule
of law relative to the question of contributory negligence, nor to impose
upon the Town, its officers and employees, and/or any of its improvement districts,
any greater duty or obligations than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and travel.
