[HISTORY: Adopted by the Town Board of the Town of Warwick 8-24-1977
by L.L. No. 1-1977 (Ch. 107 of the 1973 Municipal Code). Amendments noted
where applicable.]
No civil action shall be maintained against the Town of Warwick or the
Town of Warwick Superintendent of Highways for damages or injuries to person
or property sustained by reason of any highway's, bridge's or culvert's 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; and 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 receipt of such notice.
[Amended 6-23-1988 by L.L.
No. 1-1988]
This chapter shall supersede in its application to the Town of Warwick
Subdivision 1 of § 65-a of the Town Law. The obligation imposed
by Subdivisions 2, 3 and 4 of § 65-a of the Town Law shall similarly
apply to this chapter.
