HomeMy WebLinkAboutLL #6 of 2004 - TOL Prior Notice Law - Notice of Defects to Town Property Requiredop STATE
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Local Law No' PRIOR NOTA CE LAW - -
AN IVIG -
A local law �jnsErl Title)
of the
BOARD...
T E is�arrvE soda as follows
'Be it enacted by the �aME of s
"OvyLAr1SING
of -
Town
YAW
TONIN OF LANSING
LOCAL
L,AW NUMBER 6 OF 2004
NOTICE LAS EQUiRED
N NSING PTO p�VN PROPERTY R
TOW OF LA CTS
NOTICE OF DEFE 1
History: Derived from Local Law #1 of 1977, Local Law No. 1 of 1979, as amended by Local
Law No. 2 of 1988, as further amended by Local Law No. 4 of 1995.
SECTION 1: AUTHORITY - The Town Board of the Town of Lansing under, and
by virtue of and pursuant to the authority granted by the New York Municipal Home Rule
Law, the Town Law, and the Highway Law does hereby enacts this Local Law Number 6
of 2004.
SECTION 2: TITLE — This Local Law is hereby to be known as Local Law Number
6 of 2004 (herein "Local Law"), entitled the "Town of Lansing Prior Notice Law".
SECTION 3: PURPOSE — This Local Law provides for the written notification of
defects and obstructions on and to certain Town property in the Town of Lansing, and
requires that the Town of Lansing be on notice of certain defects or obstructions before the
Town of Lansing may be required to answer in liability for such defects or obstructions,
thereby protecting the ability of the Town of Lansing to preserve and protect public money
with which it is entrusted, and to enable to Town to undertake regular, scheduled, or
special maintenance, construction and repair without exposure to unnecessary liabilities.
SECTION 4: REPEAL - Local Law #1 of 1977, and Local Law No. 1 of 1979 (as
amended by Local Law No. 2 of 1988, and as further amended by Local Law No. 4 of 1995)
be and hereby are repealed and replaced by this Local Law.
SECTION 5: DEFINITIONS — The following words and phrases shall have the
following meanings under this Local Law:
A. "Defective" shall mean having any defect, or being out of repair, unsafe,
dangerous or obstructed.
B. "Town" shall mean the Town of Lansing, its employees, agents, hired
contractors, Supervisor, Deputy Supervisor, clerks, elected officials, all
committees, departments and Superintendents, and each, any, and all
improvement districts.
C. "Town Structure Or Device" shall. mean any highway, road, street, bridge,
culvert, ditch, highway marking, sign, sidewalk, right-of-way
(including all easements), crosswalk, path, sewer, sewer appurtenance,
manhole, water line, water tower, water tank, pump house, water system
appurtenance, stormwater drainage device or appurtenance, pond, retention
basin, fence, gate, park, park facility, playground, playground equipment,
lighthouse, marina, boat dock, boat launch, beach, or swimming area, or
other object owned, built, or maintained by the Town.
SECTION 6: PRIOR NOTICE - No civil action shall be maintained against the Town
for damages or injuries to person or property (or any rights therein) sustained by reason
of any Defective Town Structure Or Device unless written notice of such Defective Town
Structure Or Device 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 Defective Town Structure Or Device complained of, or,
in the absence of such notice, unless such Defective Town Structure Or Device existed for
so long a period that the same should have been discovered and remedied in the exercise
of reasonable care and diligence; but no such action shall be maintained for damages or
N
injuries to person or property (or any rights therein) sustained solely in consequence of the
existence of snow or ice upon any Town Structure Or Device 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 7: NOTICE TO TOWN CLERK - Each Town Department Supervisor or
Superintendent shall transmit in writing to the Town clerk within ten days after the receipt
thereof all written notices received by the Department Supervisor or Superintendent.
SECTION 8: RECORD BOOK - The Town Clerk shall keep an indexed record, in a
separate book, of all written notices which the Town Clerk receives of the existence of a
Defective Town Structure Or Device, which record shall state the date of receipt of the
notice, the nature and location of the condition stated to exist, and the name and address
of the person from whom the notice is received. All such written notices shall be indexed
according to the location of the alleged Defective, or the location of accumulated snow or
ice. The record of each notice shall be preserved for a period of five years after the date it
is received.
SECTION 9: NON -WAIVER - Nothing contained in this Local Law shall: (A) be
held to repeal, modify, or waive any existing requirement or statute of limitations which
is or may be applicable to any cause of action brought by any person (or entity) against the
Town, but, on the contrary, shall be to be additional requirements applicable to the
filing, imposition, assertion, or maintenance of any such action; (B) be held to modify any
existing rule or law relative to any question of the Town's negligence; (C) impose any
greater duty or obligation upon the Town than the duties and obligations stated herein; (D)
modify or displace any similar or other notice or procedure required by law, whether as
a condition precedent to the validity of, or the filing of, any claim.
SECTION 10: SEVERABILITY - If any clause, sentence, phrase, paragraph, or any
other part of this Local Law is, for any reason, finally adjudged or held by a court of
competent jurisdiction to be invalid or unenforceable, such judgment or holding shall not
act to affect, impair, or invalidate the remainder of this Local Law, which shall remain in
force and effect, but shall be confined in its operation and effect to the clause, sentence,
phrase, paragraph or any other part of this Local Law that is directly involved in the action
or controversy in which such judgment or holding shall have been rendered.
SECTION 11: EFFECT - This Local Law shall take effect immediately.
Dated: September 15, 2004
The undersigned, Bonita Boles, the Town Clerk of the Town of Lansing, a municipal
corporation of the County of Tompkins, State of New York, hereby certifies that the foregoing
Resolution is a true and correct copy of the Resolution duly adopted by the Town Board of
said Town of Lansing at a Regular Meeting duly called on proper notice and held on the 15th
day of September, 2004. In witness whereof I have hereunto set my hand and the seal of the
Town of Lansing this J day of September, 2004.
1&-� jzj.,��,q
BONITA BOLES, Town Clerk
3
lies to the filing of this local Law and
ara raph that applies
(Complete the certifxcatio5 r lk he paragraph
that which is not app
local legislative body only) 6 of 20 04 of
I, (Final adoption by was duly passed by the
annexed hereto, designated as local law No applicable
that the local law ann Larts in9. I_ 2004 in accordance with the app
I hereby Certify (Town)mup of
the
�� on ep
Lansinv Town Board
(Name of Legislative body)
provisions of law. the Elective
val no disapproval or repassage after disapproval by
e b local legislative body with appro Of
2. (Passag y of 20
Chief Executive Officer*.) was duly passed by the
ated as local law No. roved)
annexed hereto, design �and was (approved)(notapp
I hereby
certify that the local law ann 20
the (County)(Clty)(Town)(Village) of on adopted
and was deemed duly P
(Name of Legislative Body) icer*}
roval) by the applicable
provisions of law.
(repassed after disapp
(Elective Chief Executive O,(f'
in accordance with the app
on
of 20 . of
3 (Final adoption by referendum*) was duly passed by the
annexed hereto, designated as local law No ved)(notapproved)
I hereby, certify that the local law e o f 20 , andwas (appro
the (County)(City)(Town)(Villag) on on .20
and received the affirmative
(Name of Legislative Body) Icer*) ermissive) referendum, -
(repassed after disapproval) by the (Elective Chtef Exeeative o1)' election held on
reason of a (mandatory)' s ecial)(a ual)
people by thereon at the (general) ( p
Such local law was submittualified electors voting
vote of a majority of the q applicable provisions of law.
20 in accordance with the app uestingreferendum•)
and final adoption because no valid petition was filed req
of 20 of
�• (Subject to permissive referendum was duly passed by the
exedhereto, designated as local law No. not approved)
I hereby certify that the local law ) of .20
andwas (approved)(
the (County)(City)(Town)(Villag) on 20 _----• Suchloeal
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(Name oJLegistative Body) icer*} was filed as Of
roval) by th(' —�iective chw Executive op petition requesting such referendum
(repassed after disapp and no valid p
law was subject to permissive referendum rovisions of law.
20 , in accordance with the applicable p
elected on a county -wide basis or, if there be none,
the village,
or the supervisor to a town where such officer is vested with the
�. xecutive Officer means or includesthe mayo hof a c ty ief rve lagteer of a county
* Elective Chief E legislative body, page 2 Of 3
the chairperson of the county S
Power to approve or veto local laws or ordinances.
OOS_239 (Rev- 11199)
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etition) Of 20 3b 31)
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Charter nevi rlo. - rovisions of such
concerning as local law the p electors
designated ursuant to ualified
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exed been subm vote of
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that the local law ann having the affirmative
1 hereby certify ——dhavinV eceived
the Ctty of — e Rule La`v an held on
orn eneral) election of
of the Municipal H (special) of 20
voting thereon at the (sp Election of
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adoption No• the electors at ome Rule
cerning as local law ihed to Municipal H d a majority
local taw con designated been subm 33 of the as Van
an
6 (County exed hereto,ew York, having said county . became operative.
cal law ann d � of section electron,
that the to State of N f the cities of eneral
certify - t to subdivisions 5 a electors ° at said g
,hereby pursuan o f the Qualified a unit voting certification •)
the County °f 20�' ma ority ropriate
November �rrmative vote of a 1 county considered as lease provide an app same
of the towns °f said ed, p ice and that the
having received the has been follow file in this ° d . the manner
ualified electors tion final on dop
of the Q of final adop with the orig was fina
auth°nixed form local law /a3 law, and _
if any other the precedin of such original 1°e clerk or
( that 1 have comp
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of the wh°le or
body. City •Town or v i11aB
certify t therefrom teg�sla illative body
1 further scrip 1 above- Clerk of the county local 1eS
is a correct trap Hated Se terber 17 z=
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indicated in paragxa
Date: other
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(Seal)
n to be executed by County ptto
(Certtficatro orney of locality.) that all proper p
roceedings have
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Date:
Pa9e3°f3
Dos'239 (Rev.11i99)