[Adopted 3-13-1978 by L.L. No. 2-1978]
A.
No civil action shall be maintained against the Town of
Orangetown or the Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, sidewalk,
bridge 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, sidewalk, bridge or culvert
was actually given to the Town Clerk or to the 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; and 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 highway, sidewalk,
bridge or culvert unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or to the Town 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.
B.
The notice shall be given by delivering a copy thereof
personally or by registered or certified mail to the Town Clerk or
to the Town Superintendent of Highways.
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 local law and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received by him or her pursuant to this local
law and Subdivision 2 of § 65-a of the 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.
[1]
Editor's Note: Former § 32-10, Definitions, was
deleted 7-5-1991 by L.L. No. 9-1991.
This local law shall supersede in its application to the Town
of Orangetown Subdivisions 1 and 3 of § 65-a of the Town
Law.
This local law shall take effect immediately upon its filing
in the office of the Secretary of State in accordance with the provisions
of § 27 of the Municipal Home Rule Law.
