[HISTORY: Adopted by the Town Board of the Town of Penfield 7-5-1977 by L.L. No.
2-1977; amended in its entirety 12-16-2015 by L.L. No. 3-2015. Subsequent amendments noted where applicable.]
A.
No civil action shall be maintained against the Town of Penfield
or the Town of Penfield Superintendent of Highways for damages or
injuries to person or property sustained by reason of any highway,
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, bridge or culvert was actually
given to the Town Clerk or 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, or in the absence of such notice, unless such defective,
unsafe, dangerous or obstructed condition existed for so long a period
that the same should have been discovered and remedied in the exercise
of reasonable care and diligence; but 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, bridge
or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or 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.
No civil action shall be maintained against the Town of Penfield
or the Town Superintendent of Highways for damages or injuries to
person or property sustained by reason of any defects in its sidewalks,
or in consequence of the existence of snow or ice upon such 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 or the
Town Superintendent of Highways 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 shall transmit in writing
to the Town Clerk, within 10 days after the receipt thereof, all written
notices received by him/her pursuant to this chapter and Town Law
§ 65-a, Subdivisions 1 and 2. The Town Clerk shall cause
all written notices received by him/her pursuant to this chapter and
Town Law § 65-a, Subdivision 2, 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.
This chapter shall supersede in its application to the Town
of Penfield Town Law § 65-a, Subdivisions 1 and 3.
