[Adopted 6-6-1977 as L.L. No. 2, 1977]
[Amended 8-19-1996 by L.L. No. 2, 1996]
No civil actions shall be maintained against the Town of Monroe or the Town of Monroe Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such highway, bridge, street, sidewalk, crosswalk 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. No such action shall be maintained for damages or injuries to person or property solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk 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 receipt of such written notice. As used herein, the term "highway" shall include all areas and structures within the limits of the right-of-way and shall not be limited as to paved or travelled way.
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/or 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 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 Monroe, Subdivisions 1 and 3 of § 65-a of the Town Law.