[HISTORY: Adopted by the Town Board of the
Town of Grand Island 11-19-1962 (Ch. 94 of the 1963 Code); amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 323.
A.Â
No civil
action shall be maintained against the Town or 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 defective, unsafe, dangerous, or obstructed
condition 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.
B.Â
No such
action shall be maintained for damages or injuries to person or property
sustained because 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 five days after the receipt thereof
all written notices received pursuant to this chapter and Subdivision
2 of § 65-a of the New York Town Law. The Town Clerk shall
cause all written notices received pursuant to this chapter and Subdivision
2 of § 65-a of the New York 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 written
notices received pursuant to this chapter and Subdivision 2 of § 65-a
of the New York Town Law.
This chapter shall supersede in its application to the Town
of Grand Island Subdivisions 1 and 3 of § 65-a of the New
York Town Law.