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HomeMy WebLinkAboutLL 05 of 2006 Hanshaw Rd Walkway .doc TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 230 OF THE TOWN OF ITHACA CODE, TITLED “STREETS AND SIDEWALKS”, TO ESTABLISH TOWN’S ASSUMPTION OF OWNERSHIP, MAINTENANCE AND LIABILITY FOR HANSHAW ROAD WALKWAY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 230 of the Town of Ithaca Code, titled “Streets and Sidewalks”, is amended by adding Article III, titled “Hanshaw Road Walkway”, Section 230-10, titled “Ownership, Maintenance and Liability”, as follows: “ARTICLE III HANSHAW ROAD WALKWAY § 230-10. Ownership, Maintenance and Liability. If a Town-sponsored walkway is built along part or all of Hanshaw Road within the Town of Ithaca, the Town will assume ownership and maintenance responsibilities for said walkway within the Town, and the Town will further assume liability for its negligent acts and omissions related to defects in, or snow or ice upon, said walkway within the Town; provided, however, that nothing in this section shall be deemed to dispense with the requirement of advance written notice to the Town of the defect or the existence of snow or ice thereon, or with the requirement that the Town have the opportunity to repair or remove the same within a reasonable time after receipt of such notice, as set forth in Town Law Section 65-a, as conditions precedent to liability.” Section 2. 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 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.