[HISTORY: Adopted by the Town Board of the Town of New Lebanon as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-1977 by L.L. No. 1-1977]
No civil action shall be maintained against the town of New Lebanon
or the Town Superintendent of Highways of the town, or against any improvement
district in the town for damages or injuries to persons 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 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 thereafter
a failure or neglect within a reasonable time to repair or remove the defect,
danger or obstruction complained of; and no such action shall be maintained
for damages or injuries of 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.
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 10 days after receipt thereof, all written
notices received by him pursuant to this article, 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 accurate record 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. 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. The record of each notice shall be preserved for a period of five
years after the date it is received.
Nothing contained in this article shall be held to repeal or modify
or waive any existing requirement or statute of limitations but, on the contrary,
shall be held to be additional requirements to the rights to maintain such
action. Nothing contained herein shall 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 the obligations than that it shall keep streets, sidewalks
and public places in a reasonably safe condition for public use and travel.
