[HISTORY: Adopted by the Town Board of the Town of Greenville as
indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1985 by L.L. No. 4-1985]
As used in this article, the following terms shall have the meanings
indicated:
The Town of Greenville.
The Town Board of the Town of Greenville.
The Town Clerk of the Town of Greenville.
The Town Superintendent of Highways of the Town of Greenville.
[Amended 4-18-1998 by L.L. No. 1-1998]
A.Â
No civil action shall be maintained against the Town
or the Town Superintendent of Highways or against any improvement district
of the Town, for damages or injuries to persons or property sustained by reason
of any highway, bridge or culvert being defective, out of repair, unsafe,
dangerous or obstructed, unless written notice of such defective, unsafe,
dangerous or obstructed condition of such highway, bridge or culvert was actually
given to the Town Clerk or the Town Superintendent of Highways, and that there
was a failure or a neglect to repair or remove the defect, danger or obstruction
complained of within a reasonable time after the giving of such notice.
B.Â
No civil action shall be maintained against the Town
or Town Superintendent of Highways or improvement district for damages or
injuries to persons or property sustained solely in consequence of the existence
of snow or ice upon any highway, bridge or culvert unless written notice thereof,
specifying the particular place, was given to the Town Clerk of the Town or
the 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 period after receipt of such notice.
No civil action shall be maintained against the Town and/or the Town
Superintendent of Highways for damages or injuries to persons 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 statutes, regulations or laws and unless
written notice thereof specifying the particular place was actually given
to the Town Clerk or to the Town Superintendent of Highways and there was
a failure or neglect to cause such defect to be remedied, 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 shall transmit to the Town Clerk,
in writing, within 10 days after receipt thereof, all written notices received
by the Town Superintendent pursuant to this article, and the Town Superintendent
shall take any and all corrective action with respect thereto which may be
necessary as soon as possible.
[Amended 4-18-1998 by L.L. No. 1-1998]
The Town Clerk shall keep a separate index record of all written notices which the Town Clerk shall receive of the existence of a defective, unsafe, dangerous or obstructive condition in or upon any property described in § 177-2 of this article owned by Town or by any improvement district, or of an accumulation of ice and snow upon any Town highway, bridge or culvert described in § 177-2 of this article owned by the Town or by any improvement district, or of any defect in the sidewalks of the Town or in consequence of the existence of snow or ice upon any of its sidewalks described in § 177-3 of this article, 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 was received. The Town Clerk, upon receipt of such written notice, shall notify the Town Superintendent of Highways immediately, in writing, of the receipt of such notice and shall provide the Town Superintendent with a copy of the notice.
Nothing contained in this article shall be held to repeal, modify or
waive any existing requirement or statute of limitations which is applicable
to these causes of action, but on the contrary, this article shall be held
to be an additional requirement to the right to maintain such action, nor
shall anything herein contained be held to modify any existing rule of law
relevant to the question of contributory negligence, nor to impose upon the
Town, its officers and employees and any of its improvement districts any
greater duty or obligation that it keep its streets and sidewalks fit for
public use and travel than existed prior to the adoption of this article.
[Adopted 2-24-2005 by L.L. No. 1-2005]
The purpose of this article is to protect all citizens from injury resulting
from the throwing, placing, locating or maintaining of injurious substances
on highways within the Town of Greenville, Orange County, New York.
No person shall throw or deposit upon any highway any glass bottle,
glass, nails, tacks, wire, cans, snow or other substance likely to injure
any person, animal or vehicle upon such highway.
No person shall throw, dump or deposit or place or cause to be thrown,
dumped, deposited or placed upon any highway or within the limits of the right-of-way
of such highway or upon private lands adjacent thereto any refuse, trash,
garbage, rubbish, litter or any other offensive matter.
Any person who drops or permits to be dropped or thrown upon any highway
any destructive or injurious material or any material which interferes with
the safe use of the highway shall immediately remove same or cause it to be
removed.
Nothing herein contained shall be construed as prohibiting the use,
in a reasonable manner, of ashes, sand, salt or other material for the purpose
of reducing the hazard of, or providing traction on, snow, ice or sleet.
Nothing herein contained shall be construed as prohibiting the use of
any highway or private lands adjacent thereto for the transport or transit
of agricultural trucks, machines or implements or dairy or domestic animals
or agricultural stock with any accompanying reasonable or unavoidable deposit
of offensive matter.
Any person removing a wrecked or damaged vehicle from the highway shall
remove any glass or other injurious substance dropped upon the highway from
such vehicle.
A violation of the provisions of this article shall be punishable by
a fine not to exceed $250 and/or a requirement to perform services for a public
or not-for-profit corporation, association, institution or agency not to exceed
eight hours, and for any second or subsequent violation by a fine not to exceed
$500 and/or a requirement to perform services for a public or not-for-profit
corporation, association, institution or agency not to exceed eight hours.
