Town of Moreau, NY
Saratoga County
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Table of Contents
Table of Contents
[Adopted 12-14-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. III, Notification of Defects, adopted 2-14-1978 by L.L. No. 1-1978 as Ch. 23 of the 1973 Code.
The authority for this article is contained in § 65-a of the New York State Town Law and shall be read and interpreted in conjunction with § 65-a of the Town Law.
A. 
No civil action shall be maintained against the Town or the Town Superintendent of Highways, nor any improvement district of the Town or against any employees or officials acting in such capacity, for damages or injuries to person or property, including those arising from the operation of snowmobiles, sustained by reason of any highway, bridge, street, sidewalk, crosswalk, footpath, shoulder, culvert, bike path, parking lot, building or structure, signs or lights being defective, out of repair, unsafe, dangerous, or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, street, sidewalk, crosswalk, footpath, shoulder, culvert, bike path, parking lot, building or structure, signs or lights being defective was actually given to the Town Clerk 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.
B. 
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, street, sidewalk, crosswalk, footpath, shoulder, culvert, bike path, parking lot, building or structure, signs or lights unless written notice thereof, specifying the particular place, was actually given to the Town Clerk and there was 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 written notice hereunder shall contain at least the following information:
A. 
Name and mailing address of the person giving notice.
B. 
A precise statement as to the nature and extent of any defective, unsafe, dangerous, or obstructed condition or the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, footpath, shoulder, culvert, bike path, parking lot, building or structure, signs or lights within the Town of Moreau.
C. 
The approximate date that such condition first became known to the person giving the notice.
D. 
The exact location of such condition, giving, wherever possible, reference to a street address or addresses, utility pole numbers or such other geographic references as will aid the Town in properly locating such condition.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within 10 days after the receipt thereof all written notices received pursuant to this article and Subdivisions 1 and 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this article and Subdivisions 1 and 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof.
The Town Clerk shall keep a separate indexed record of all notices received pursuant to § 65-a, Subdivision 4, of the Town Law.
This article shall take effect upon filing with the New York State Secretary of State.