HomeMy WebLinkAbout1977 LL 3 - Notification of Highway & Sidewalk Defects 1.977 - LOCAL LAW NO. 3
A LOCAL LAW OF THE TOWN OF ITHACA ENACTED =uPURS ANT TO
THE POWERS GRANTED TO THE TOWN BY ARTICLE "OF THE
MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK, PRO-
VIDING FOR WRITTEN NOTIFICATION OF DEFECTS AND OBSTRUCT-
IONS ON TOWN HIGHWAYS AND SIDEWALKS IN THE TOWN OF
ITHACA.
Section 1. No Civil action shall, be maintained
against any town or town superintendent of highways 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 Todn Superinten-
dent 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 com-
plained 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 the the
Town Clerk or T 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 reasonable 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 5 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 Subdivision 2 of Section 65-a of the Town Law,
.......... to be presented to the Town Board within 5 days of the re-
ceipt 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 Ithaca Subdivision 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 of the State of New York.
(Adopted by the Town of Ithaca
Board on December 13, 1977)