Town of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ithaca 12-13-1977 by L.L. No. 3-1977; amended in its entirety 10-19-2009 by L.L. No. 11-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of Town employees — See Ch. 28.
Streets and sidewalks — See Ch. 230.
No civil action shall be maintained against the Town or Town Highway Superintendent/Director of Public Works for damages or injuries to persons or property sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert , sidewalk or crosswalk was actually given to the Town Clerk or Town Highway Superintendent/Director of Public Works, 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 street, highway, bridge, culvert, sidewalk or crosswalk, unless written notice thereof, specifying the particular place, was actually given the Town Clerk or Town Highway Superintendent/Director of Public Works 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. In addition, no such action shall be maintained against the Town or Town Highway Superintendent/Director of Public Works for damages or injuries sustained by reason of any of its sidewalks being defective, out of repair, unsafe, dangerous or obstructed, 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 Town Highway Superintendent/Director of Public Works pursuant to statute. For the purposes of this chapter, "sidewalk" shall include an underpass, pedestrian walkway, path, step, and stairway, and some sidewalks may be utilized by bicyclists as well as pedestrians.
The Town Highway Superintendent/Director of Public Works shall transmit in writing to the Town Clerk within 10 days after the receipt thereof all written notices received by him or her pursuant to this chapter and Subdivisions 1 or 2 of § 65-a of the Town Law. The Town Clerk shall cause copies of all written notices received pursuant to this chapter and Subdivisions 1 or 2 of § 65-a of the Town Law to be distributed to members of the Town Board within 10 days of the receipt thereof or at the next succeeding Town Board meeting, which shall be sooner.
This chapter is adopted pursuant to § 10, Subdivision 1(ii)d(3), of the Municipal Home Rule Law. This chapter supersedes Subdivisions 1, 2 and 3 of § 65-a of the Town Law to the extent this chapter is inconsistent with them