[HISTORY: Adopted by the Town Board of the Town of Lowville 12-30-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
This chapter shall be entitled "A Local Law Establishing Sidewalk
Regulations for the Town of Lowville."
The purpose of this chapter is to regulate the maintenance,
including without limitation removal of snow and ice, of any and all
sidewalks constructed, located, relocated or reconstructed within
the Town of Lowville, not including those sidewalks located within
the Village of Lowville (hereinafter referred to as "sidewalk").
Each and every person who owns, leases, rents or occupies real
property which adjoins, abuts or is adjacent to a sidewalk as defined
above shall be solely and exclusively responsible for the maintenance,
including without limitation, removal of snow and ice with respect
to such sidewalk that so adjoins, abuts or is adjacent to such property.
"Person" shall mean any individual, group of individuals, partnership,
firm, corporation, association, political subdivision, government
agency, municipality, industry, estate or any legal entity whatever.
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 any sidewalk,
as defined above, or in consequence of the existence of snow or ice
upon any such sidewalk, unless such sidewalk shall have been constructed,
located, relocated or reconstructed or is 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 Superintendent of Highways of the Town and there was
a failure or neglect of 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 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 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 an accumulation of ice and snow upon any Town sidewalk, 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 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
any greater duty or obligations than otherwise provided by law.
The section headings are intended for convenience only and shall
not be deemed to affect the interpretation of the content of this
chapter. Wherever used and the context so requires, the singular shall
include the plural, and the gender shall include both male and female.
