HomeMy WebLinkAboutLL 11 of 2009 Notification of Defects Chapter 188.docTOWN OF ITHACA
LOCAL LAW NO. 11 OF THE YEAR 2009
A LOCAL LAW AMENDING NOTIFICATION OF DEFECTS REQUIREMENTS
IN CHAPTER 188 OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. This local law is adopted pursuant to § 10, Subdivision 1(ii)d(3), of
the Municipal Home Rule Law. This local law supersedes Subdivisions 1, 2 and 3 of
§ 65-a of the Town Law to the extent this local law is inconsistent with them.
Section 2. Chapter 188 (Notification of Defects) of the Town of Ithaca Code,
Section 188-1, titled "Prerequisites to certain suits," is amended as follows:
A. Replace the phrase "any Town" with the phrase "the Town" in the first
part of the first sentence, so that it reads: "No civil action shall be
maintained against the Town...."
B. Replace the three references to "Town Superintendent of Highways" with
the phrase "Town Highway Superintendent/Director of Public Works".
C. Replace the three references to "highway, bridge or culvert" with the
phrase "street, highway, bridge, culvert, sidewalk or crosswalk".
D. Add the following two sentences to the end of Section 188-1:
"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."
Section 3. Chapter 188 (Notification of Defects) of the Town of Ithaca Code,
Section 188-2, titled "Transmission of notices," is amended by deleting the text in this
section and replacing it with the following text:
"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."
Section 4. Chapter 188 (Notification of Defects) of the Town of Ithaca Code,
Section 188-3, titled "Supersession of statute," is amended by deleting the text in this
section and replacing it with the following text:
"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."
Section 5. In the event that any portion of this law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity.
Section 6. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
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