[HISTORY: Adopted by the Town Board of the Town of Austerlitz 8-30-1976 by L.L. No.
1-1976. Amendments noted where applicable.]
A.
No civil
action shall be maintained against the Town of Austerlitz (hereinafter
referred to as the "Town") 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 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 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 30 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 of the Town 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 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, 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 Town 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 limitations
which is applicable to these causes of action but, on the contrary,
shall be held to be additional requirements to the rights to maintain
such action, nor shall anything herein contained 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.