[HISTORY: Adopted by the Town Board of the Town of Amherst 11-3-1986 by L.L. No. 4-1986; amended in its entirety 2-5-2018 by L.L. No. 3-2018. Subsequent amendments noted where applicable.]
Administration of government — See Ch. 4.
Excavations — See Ch. 106.
Snowplowing — See Ch. 166.
Editor's Note: This local law also repealed former Ch. 139, Notification of Defects, adopted 1-16-1978 by L.L. No. 1-1978.
No civil action shall be maintained against the Town of Amherst, or the Superintendent of Highways of the Town, or against any improvement district in the Town, for damages or injuries to person or property sustained by reason of any street, highway, public place, land, building, bridge, culvert, sidewalk, crosswalk, grading, openings, drain, sewer, parks or playground equipment, being defective, out of repair, unsafe, dangerous or obstructed conditions unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, highway, public place, land, building, bridge, culvert, sidewalk, crosswalk, grading, openings, drain, sewer, parks or playground equipment, was actually given to the Town Clerk, or the Superintendent of Highways and there was thereafter a failure or neglect within a reasonable time 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 street, highway, public place, land, building, bridge, culvert, sidewalk or crosswalk unless written notice thereof, specifying the particular place, and the defect at issue, was actually given to the Town Clerk or the 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 the receipt of such notice.
The Superintendent of Highways 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 chapter, and he shall take any and all corrective action with respect thereto as soon as practicable.
The Town Clerk shall keep an index record, in a separate book, 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 any accumulation of ice and snow upon, any Town street, highway, public place, land, building, bridge, culvert, sidewalk, crosswalk, grading, opening, drain, sewer, parks or playground equipment; or by any improvement district, which record shall state the date of the receipt of the 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. The record of such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the 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 of limitation. On the contrary, this chapter shall be held to be additional requirements to the right to maintain any action. Nor shall anything herein contained be held to modify any existing rule of law relative to the question of culpable conduct, nor to impose upon the Town, its officers and employees and/or any of its improvement districts, any greater duty or obligation than that it shall keep its streets, highways, public places, land, buildings, bridges, culverts, sidewalks, crosswalks, grading, openings, drains, sewers, parks or playground equipment in a reasonably safe condition for reasonably anticipated public use and travel.
If any section, clause or provision of this chapter or the application thereof to any persons is adjudged invalid, the adjudication shall not effect other sections, clauses or provisions or the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, clauses or provisions of this chapter are declared to be severable.