[Adopted 1-9-1996 by L.L. No. 3-1996]
This shall be a local law providing for written
notification of defects and obstructions on Town highways, bridges,
streets, sidewalks, crosswalks and culverts in the Town of Stony Point.
The purpose of this article is to provide notification to the Town
to ensure the safety, health, protection and general welfare of persons
in the Town of Stony Point.
This article shall be known as "Notice of Highway
Defects."
No civil actions shall be maintained against
the Town of Stony Point or the Town Superintendent of Highways for
damages or injuries to person or property sustained by reason of any
highway, bridge, street, sidewalk, crosswalk or culvert being defective,
out of repair, unsafe, dangerous or obstructed unless written notice
of such highway, bridge, street, sidewalk, crosswalk 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. 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, street,
sidewalk, crosswalk 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 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 Town Superintendent of Highways shall transmit,
in writing, to the Town Clerk within 10 days after the receipt thereof
all written notices received pursuant to this article and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received 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. The Town Clerk shall
keep a separate indexed record of all such notices received pursuant
to Town Law § 65-a, Subdivision 4. The record shall state
the date of receipt of such 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.
This article shall supersede, in its application
to the Town of Stony Point, Subdivisions 1 and 3 of § 65-a
of the Town Law of the State of New York.
