[Adopted 5-6-77 as L.L. No. 1-1977]
No civil action shall be maintained against the Town of Philipstown, the Town Superintendent of Highways or any town officer, agent or employee performing services for the Town of Philipstown for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, sidewalk or town-owned real property 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, sidewalk or real property 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; 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, culvert, sidewalk, or town-owned real property, 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.
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 Article and pursuant to Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received by her or him pursuant to this Article 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.
This Article shall supersede in its application to the Town of Philipstown Subdivisions 1 and 3 of § 65-a of the Town Law.