HomeMy WebLinkAboutSection 05 SECTION
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CHANGING NOTICE FOR HIGHWAY DEFECTS
LOCAL LAW NO. 1 of the year 1978.
A local law providing for written notification of defects
and obstructions on town highways and sidewalks in the Town of
Newfield, New York.
Be it enacted by the Town Board of the Torn of Newfield,
New York.
Section 1. No ciitil action shall be maintained against
any town or town superintendent of highways for damages or
injuries to person 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 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; 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 highway, bridge 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 the receipt of such notice.
Section 2 . 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 local law and subdivision 2 of section 65-a
of the Town Law. The town clerk shall cause all written
notices received by him or her pursuant to this local law and
subdivision 2 of section 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.
Section 3. This local law shall supersede in its
application to the Town of Newfield, New York subdivisions 1
and 3 of section 65-a of the Town Law.
Section 4. This local law shall take effect immediately
upon its filing in the office of the Secretary of State in
accordance with the provisions of section 27 of the Municipal
Home Rule Law.
CERTIFICATION
I hereby certify the above is a true copy of
Local Law No. 1 for the year 1978 passed by the Town
Board; . Town of Newfield, New York on April 12, 1978 and
approved by the Town Supervisor on May 10, 1978, a
copy of which has been filed in my office on May 10, 1978.
May 10, 1978 ii
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Jeanette Beach, Town Clerk'
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CERTIFICATION OF LOCAL LAW
I the undersigned Town Attorney for the Town of
Newfield, New York hereby certify pursuant to Section 27 of
the Muncipal Home Rule Law that the annexed local law is a
true and accurate copy of Local Law No. 1 for the year 1978
of the Town of Newfield, New York and that said copy contains
the correct text of said local law as passed by the Town
Board and approved by the Town Supervisor of said Town of
Newfield.
I further certify that all proper proceedings as required
by the Municipal Home Rule Law of the State of New York have
been taken for the enactment of the annexed local law.
-CA/5X
RICHARD L. GREENBURG
TOWN ATTORNEY
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