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HomeMy WebLinkAboutLL 12 of 2009 Hanshaw Road Walkway.docTOWN OF ITHACA LOCAL LAW NO. 12 OF THE YEAR 2009 A LOCAL LAW ADDING A REFERENCE TO TOWN CODE NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 230 OF THE TOWN OF ITHACA CODE REGARDING THE HANSHAW ROAD WALKWAY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 230 ("Streets and Sidewalks"), Article III ("Hanshaw Road Walkway") of the Town of Ithaca Code, Section 230-10, titled "Ownership, maintenance and liability," is amended by adding the words "and Town Code Chapter 188, Notification of Defects" after the words "as set forth in Town Law § 65-a" so that this section reads as follows: "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 § 65-a and Town Code Chapter 188, Notification of Defects, 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 its filing with the New York Secretary of State. 1