[HISTORY: Adopted by the Town Board of the Town of Highlands as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-22-1986 by L.L. No. 1-1986]
A.
No civil action shall be maintained against the Town
of Highlands 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 (including those arising from the operation of snowmobiles) sustained
by reason of any highway, bridge, culvert, 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 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, 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 sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, culvert 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.
B.
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 sustained by reason of any defect in the sidewalks of the
town or 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 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.
The Town Superintendent of Highways of the town shall transmit, in writing,
to the Town Clerk of the town within five days after receipt thereof, all
written notices received by him pursuant to this article, and he shall take
any and all corrective action with respect thereto as soon as practicable.
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 or a sidewalk or any
other property owned by the town or by any improvement district. 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 article shall be held to repeal or modify
or waive any existing requirement or statute of 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.
[Added 9-12-1995 by L.L. No. 1-1995]
This article shall supersede in its application by the Town of Highlands
Subdivisions 1 and 3 of § 65-a of the Town Law of the State of New
York.
[Adopted 1-9-2001 by L.L. No. 1-2001]
The purpose of this article is to promote the health and safety of the
residents and the persons using the sidewalks in the town.
The owner of property shall not permit or allow snow and/or ice to be
plowed, shoveled or otherwise placed on adjoining property or any sidewalk
adjoining, or in the vicinity of property used for pedestrian traffic. If
the snow and ice cannot be removed because of physical conditions, they shall
be covered or sprinkled with sand or other materials intended to prevent slipping
and promote melting.
For purposes of this article, "person" is defined as a person, corporation,
partnership or any similar group or body.
A.
Any person charged with a violation of this article shall
be subject to a penalty of $25. In addition to the penalty, the person violating
this article may, upon conviction for an unclassified misdemeanor, be punishable
by a fine of $100. Three violations of this article shall presumptively constitute
such misdemeanor.
B.
Each day on which there is no compliance with this article
shall constitute a separate infraction for which a separate penalty shall
be assessed.
In addition, the Town Superintendent of Highways may, at his option,
in the event of a violation of this article, remove the snow or ice from the
adjoining property and sidewalk, on which such snow and ice was placed in
violation of this article, fixing and assessing the expense thereof against
the owner who has violated this article, in the manner provided by law.
