[HISTORY: Adopted by the Town Board of the Town of Milton 4-2-1975.
Amendments noted where applicable.]
GENERAL REFERENCES
Street and highway specifications — See Ch. 152.
No civil action shall be maintained against the Town of Milton, located
in the County of Saratoga, State of New York (hereinafter referred to as "the
Town"), or the Town Superintendent of Highways of the Town or against any
improvement district in the Town for damages or injuries to person or property
(including those arising from the operation of snowmobiles) sustained by reason
of any highway, bridge, culvert, highway marking, sign or device or any other
property owned, operated or maintained by any improvement district therein
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, highway marking, sign or device or any other property
owned, operated or maintained by the Town or any property owned, operated
or maintained by any improvement district was actually given to the Town Clerk
of the Town or the Town Superintendent of Highways of the Town and unless
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; and 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 or any other property owned by the Town
or any property owned by any improvement district in the Town unless written
notice thereof, specifying the particular place, was actually given to the
Town Clerk of the Town or the Town Superintendent of Highways of the Town
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.
No civil action will be maintained against the Town and/or the Town
Superintendent of Highways of the Town for damages or injuries to person or
property sustained by reason of any defect in the sidewalks of the Town 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 Superintendent of Highways of the Town pursuant to statute, nor shall
any action be maintained for damages or injuries to person or property sustained
by reason of such defect or in consequence of such existence
of snow or ice unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk of the Town or to the Town Superintendent
of Highways of the Town and there was a failure or neglect to cause such defect
to be remedied or 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 of the Town shall transmit, in writing,
to the Town Clerk of the Town within five days after receipt thereof all written
notices received by him pursuant to this chapter, and he shall take any and
all corrective action with respect thereto as soon as practicable.
[Amended 3-19-1997 by L.L. No. 5-1997]
The Town Clerk of the Town shall keep an index record in a separate
book of all written notices which the Town Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon or of
an accumulation of ice and snow upon any Town highway, bridge, culvert or
sidewalk or any other property owned by the Town or by an improvement district,
which record shall state the date of the receipt of the notice, the nature
and location of the condition stated to exist and the name and address of
the person from whom the notice is received. All written notices shall be
indexed according to the location of the alleged defective, unsafe, dangerous
or obstructed condition or the location of accumulated snow or ice. The record
of such notice shall be preserved for a period of five years from the date
it is received. The Town Clerk, upon receipt of such written notice, shall
immediately and in writing notify the Town Superintendent of Highways of the
Town of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of limitations which is applicable
to these causes of action but, on the contrary, shall be held to be additional
requirements to the rights to maintain such action, nor shall anything herein
contained be held to modify any existing rule of law relative to the question
of contributory negligence nor to impose upon the Town, its officers and employees
and/or any of its improvement districts any greater duty or obligation than
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
