[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.
