HomeMy WebLinkAboutLL-1977 #03LOCAl, I,AW NO. ~., of the X ~r 1977
A local law providing for written notification of defects
and obstructions on town highways and sidewalks in the
Town of Southold
Be it enacted by the Town Board of the Town of Southold.
Section 1. No civil action shall be maintained against any town or town
superintendent of highways for damages or injuries to person 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 to~vn clerk or town superintendent of high~vays, 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 complained 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 partieula~ 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 2. The town superintendent of highways shall transmit in writing
to the town clerk within five 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 and subdivision 2 of section 65-a of the Town La,v,
to be presented to the town board within five days of the receipt 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 Southold subdivisions 1 and 3 of section 65-a of the Town I Jaw.
Section 4. This local law shall take effect immediately.
MARLO M CUOMO
Secretary of St~le
STATE OF NEW YORK
DEPARTMENT OF STATE
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12231
June 6, 1977
Robert W. Tasker, Esq.
Town of Southold
425 Main Street
Greenport, L.I., NY 11944
Dear Sir / Madam:
Please be advised that Local Law(s)
of 1977 of the Town of Southold
was/X4~T¢~ received and filed on May 31, 1977
We are enclosing additional forms for your
use when filing local laws.
CC:
NO. 3
future
Very truly yours
MARIO M. CUOMO
Secretary of State
by:
James C. Aube
Chief Clerk
State Records and Law Bureau
State Comptroller
Division of Municipal Affairs
G109-006 (4/77)
DEPA.~TE~ENT O? AUOtT AND
July 21, 1977
Robert W. Tasker, Esq.
Town of Southold
~25 Main Street
Greenport~ L.I.~ NY llg&~
Dear Sir:
I hereby acknowledge receipt as of
of certified copy of Local Law NO.
of ~ for the
which copy is being filed in
6/'~/77
5
~,93~ o~f_ Sou!hold
this office.
KRP: w
cc: Secretary of Stahe
Very t~ly yours,
~ehdall~R. Pi~i~o ....
Asseciahe At her:ley
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not inclnde matter being
eliminated and do not use italics or underlining to indicate new matter.
~ S outhold
Town
Local Law No ................ 3. ......................................... of th, year 19 _~.7. .....
(lnse~t title)
town highways and sidewalks in the Town of $outhold.
Be it enacted by the .................................... -LE.-w..u....~..V,-=--hE .........................................................................
of
the
(Hame o~ Le~ialetive Body)
~ S outhold
of .............................................................................................................................................................. as follows:
Town
Section ]. Nc) civil action shah be maintained against any town or town
superintendent: of highwuys for damages or injuries to person or property sustained
by reasen of' :m~ highway, bridge or culvert being defective, out of repair, unsafe,
dangerous or obstmlct~ d unless writl:en notice of such defective, unsafe, dangerous
or obstructed condith~n of such highway, bridge or culvert was actually given to
the town clerk or town superintendent of highways, and there was a failure or neglect
within a reasonable ~ime after the giving of such notice to repair or remove the
defect, danger or obstruction complained of; hut ne such action shah be maintained
for damages or iniur~es to person or property sustained solely in consequence of
the existence of' ~;now ~r ice upon any highway, bridge or culvert, unless written
notice therefor, 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 ~ce to be removed, or to make the place otherwise reasonably
safe within a reasonable time after the receipt of such notice.
~l~"(lf additional st?.~ac.e is need~e,~d, ¢lease~ attach shee[s,~?.f the sam.~.~e2i,,~e,.~.as~,,,~h~is and number each)"~
Page 1
Section 2. The town superintendent of hiffhways shall transmit in writing
to the town clerk within five days after the reeeipi: thereof alt written notices
received by hiz~ pursuant to this locall law and subdivision 2 of section 65-a of
the T<)wn f~aw. The iown clerk shall cause all written notices reeeived by him or
her p~rsuan~ to this: local law and subdivision 2 of' section 65-a of the Town Law,
to be ]~resenle¢t 1:~ 1:1~c town boar¢] within five days of the receipt thereof or at the
ne×] s~ceeedinff 1own hoard meetin~_{ whichever sha]] be sooner.
Se~ ~ion 2. T~is local law shall supersede in its application to the Town
of Southo]d subdivisions 1 and 3 of section 65-a o[' the Town l,aw.
Section 4. This ]ocallaw shall take effect fmmediate]y.
(Complete the certification in the paragraph which applies to the filing of this focal [a~ and strike out the
matter therein ~hich is not applicable.)
(Final adoption by local legislative body only.)
1 hereby ~'ertifythat the local law annexed hereto, designated as 1(>¢ al l:~ No ........ .3. ....... of 19..7(.'~.
of the (5/~x of .......... ~.9~}~P}~ ...... was duly passed by the Town Board
Town ......................................................................
o,~ ..... ~.~7..g~, ................ 19.77... in accordance wilh the applicable provisions of law.
(Passagc hy local legislative body' with approval or no disapproval hy Elective Chief Executive Officer
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as localla~ No ..................... of 19 ........
County
City
:ff the 'l'own of ...................................... was duly passed by the .................................................................................
Village (Name of Legislative Body)
not disapproved
on ................................................ 19 ........ and was approved by the ......................................................
repassed after disapproval Elective Chief ]~;xecutive Officer *
and was deemed daly adopted on .................................................... 19 ........, in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
Coanty
City of .................. was duly passed by the..
of the Town ............. ....
Village (Name of Legislative Body)
not disapproved
on ............................................ 19 ........ and was approved by the ...............................................................
repassed after disapproval Elective Chief i~xecutlve Officer
on 19. ........ Such local law was submitted to the people by reason of a
mandatory
permissive referendnm,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at thc special election held on ......................................................19 ........in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
County
City
of the Town of .............................. was duly passed by the ................................................................................ on
Village (Name of Legislative Body)
not disapproved
..................................................... 19 ........ and was approved by the ......................................... on
repassed after disapproval Electiw~ Chief Executive Officer *
.......................................................... 19 ......... Such local la;* being subject to a permissive referendum and no
xalid petition reqacsting such referendum having been filed, said local law was deemed duly adovted on
((lit} loom Itm conc,'r::i,.z tlh~rtet, ro.iMoa proposed h3 petition.)
I }l~;.b;~.:~F C~, th. !~, :.' ]~,... .n~x~h~.~'to, de ignat¢'da~local lawNc~ .............. of ~9 .......
of th,~ (:ity of L ~'. ~:~ ~een ~uJ)mitled to ref,~rondum pursuant to th(
provL4ons of ~ 37 ~)~ ~'~' Y,.n]~ ip.l 1: ,~ Ih~lc L~w.m~ ] ~viag r.( eiv¢~d th,~ affirmative vote of a major~
special
o[tho quaHfiodeh~,to:~()~.~u~h, it) ~otingthereon atthe general election belden ................................
........... [9 became operatix e.
6. (County local law concerning adoption of Charter. I
1 hereby certit'~ that the local l:~w annexed hereto, designated as Local LawNo ....... of 19 ...... of the
County o~ . ....................................... Sta~e of New York, having been ~ubmitted lo the l:Iecto~ at thc
General Election of Noxcmber ........... 19 ...........pursuant to subdivisions 5 and 7 of Section 33 of the Mun~
cipal llome Rule La~,~md having received the affirmative vote of a majority of thc qu;flified electors of Ill,'
cities of said county :,s a unit and of a majority of thc qualified eh'ctors oF the towns of said Collnt3
considered as a unit voting at said general election, became operative.
(If an> other aathorized form of final adoption has been followed, please provide an appropriate
certification.}
~ I fmlher certify that [ have compared the preceding local law ~ith thc original on file in this offi,-*-
and thai the sam( is a correct transcript therefrom and of the whole of aach original local law, and was
finally adopted in the manner indicated in paragraph ........... 1. .............. above.
Date: May 25, 1977
c Clerk of the County legislative body, City, ~,n or Village Clerk or
officer desi~znated by local legislative body
,Judith T. Terry, Southold Town Clerk
(Seal)
(Certification to be executed hy County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ...~.l:~J.t'.}!i~}~5 ..........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have bh. 0. n had or taken for the enactment of the local law annexed hereto.
PUBLIC HEARING - LOCAL LAW - HIGHWAY DEFECTS - MAY 10, 1977
A public hearing was held at 3:30 p.m., May 10, 1977, at the
Town Hall, Main Road, Southold, New York.
Present were:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
Councilman James F. Homart
Justice Martin Suter
Justice Louis Demarest
Justice Francis Doyen
Robert Tasker, Esq., Town Attorney
Judith T. Terry, Town Clerk
Justice Demarest read the Notice of Hearing and Legal Notice. He
presented proof of publication from the Suffolk Times and proof of
publication from the L. I. Traveler-Watchman. He presented the
affidavit of Judith T. Terry, Town Clerk, that it was placed on the
Town Clerk's Bulletin Board at the Town Clerk's Office, Southold,
New York.
Supervisor: You have heard Judge Demarest read the notice in
reference to the local law of defects in the town highways, that
it was advertised in the local paper, the official town paper,
the Suffolk Times, and the alternate paper, the Traveler, that it
was also posted on the Southold Town Clerk's Bulletin Board. At
this point, I will open up this hearing if anyone has any comments
or discussion or information they would like to have on this
particular law that is being proposed. Mr. Tasker, is there any-
thing you would like to explain about it in case they don't want
to ask questions, what it really means.
Mr. Tasker: The local law really changes the notice requirements
for bringing lawsuits against the town as a result of defective
highways. This change will improve or reduce the liability
exposure to the town and presumably will reduce our insurance
premiums.
Supervisor: Any questions at all?
Marie Johnson: What's the reason for making the change?
Mr. Tasker: The reason is as I just stated, to reduce the liability
exposure to the town and, hopefully, to reduce ou~ insurance
premiums.
Supervisor: Any other questions?
Ronnie Wacker: May I ask have other towns found that their insurance
premiums were reduced as a result of passing this law?
Mr. Tasker: I don't know whether or not their premiums have been
reduced, but I do know that a lot of the towns and villages are
having difficulty even getting insurance because of the exposure.
Highway Defects -2- May 10, 1977
The Town of Southold's premiums have gone up considerably the
last year.
Mrs. Wacker: It may not be a matter of simply reducing the
premiums but just keeping the insurance.
M~. Tasker: Hopefully, yes.
Supervisor: Anyone else? Hearing none, I will call the hearing
to a close and all chances we will adopt a local law as soon as
possible.
Respectfully submitted,
Murie~ BrusK, Secretary
NOTICE OF PUBLIC HEARING
ON LOCAL LAg/: ~
' NOTICE is hereby given that
there has been presented
Town Board of the Tow~,~f
Southold on the 12th day of~l,
1977, a Local Law
Local Law providing ~or written
notification of defects and
structions on town hlshways and
sklewalks in,the Town of So~th,
~ Said Local Lav~ l}rovide~ as
folloWs: '
S~tion f?~o~}~! ~action shall
b~ m~inCairied against any town
or tow~,Sup~'tnten~lent of high-
ways fo~' d~hmges ~' injuries to
P~.~m~ .ers°~nm' pr°perty~ sustain~l by
an~/highway, bridge Or
defective, gut of
st~ ~ttcv..aotice of
oit~ior Obatm'ct~d condition of
such ~highwa~ bri~i~ or culvert
was a~y~,i~,e~ ~t~.~h¢ ,tOWn
or neglect Withia'~¥a ~able
time af~i ;~e gt~]~i~, such
notice to rel~ir ot~ i'e~e the
defect, da~ger or obstruction
complained 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 to the
town clerk or town superin-
tendent 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 reason-
able time after the receipt of such
notice.
"" Section 2. The town superinten-
dent of highways shall transmit in
writing to the town clerk within
five 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 and subdivision 2
of section 65-a of the Town Law,
to be presented to the town board
within five days of the receipt
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 Southold subdivisions 1
and 3 of section 65.a of the Town
Law.
Section 4. This local law shall
take effect immediately.
Copies of such Local Law are
available at the office of the Town
Clerk for inspection by and distri-
bution to any interested person
during business hours.
NOTICE IS FURTHER GIVEN
that the Town Board of the Town
of Southold will hold a public
hearing on the aforesaid Local
Law at the Southold Town Hall,
Main Road, Southold, New York
on the 10th day of May 1977, at
3:30 o'clock P.M, at which time
and place all interested persons
will be heard.
DATED: April 12, 1977
5UDITH T. TERRY
TOWN CLERK
COUNTY OF SUFFOLK
STATE OF NEW YORK
Sherley KarT, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southotd, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ......... / ............................. weeks
~uccessively, commencing on the ~/'
Oay o{ ...... ~ .................... 19..~... j...
Sworn to before me this ..~7.~-~ ........... da'/ or
Notary Public
ffTHEL PALLADINa
NOTARy [UBLIC, SPate of New York
No 52-4628953
Qualified in Suffolk County
Commission Expires March 30, 1978
NOTICE OF PUBLIC HEARING
ON LOCAL LAW
NOTICE is hereby given that
there has been presented to the
Town Board of the Town of
Southold on the 12th day of April,
1977, a Local Law entitled "A
Local Law
of
Said as
follows:
shell
or town
way
person or
calvert of
notice
of such
dition of s e or
the
town superin-
tendent of there
within a
reasonable time the giving
of such notice to repmr or
remove the defect, danger or
obstruction complained 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 uny highway,
bridge or calvert, unless written
notice thel~eof, 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 sn0v~ or ice to he
removed, or to make the place
otherwise reasonably safe within
a reasonable time after the
receipt of such notice.
Section 2. The town superin-
tendent of highways shall
trunsmit in writing to the town
clerk within five days after the
receipt thereof all written notices
received by him pursuunt to this
local law and subdivisina 2 of
section 65-a of the Town Law. The
town clerk shall eause all written
notices received by him or her
pursuant to this local law and
subdivision 2 of section 65-a. of the
Town Law, to be presented to the
town board within five days of the
receipt thereof or at the ne~t
succeeding town board meeting
whichever shall be sooner.
Section 3. This local law shall
supersede in its apptieation to the
Town of Southold subdivisions 1
and 3 Of section 65-a of the Town
Law.
Section 4. This local law shell
take eifect immediately.
Copies of such Local Law are
available at the office of the Town
Clerk for inspection by und
distributiun to uny interested
person during' business hours.
NOTICE IS FURTHER GIVEN
that the Town Board of the Town
of Southold will hold a public
hearing on the aforesaid Local
Law at the Southeld Town Hall,
Main Road, Southold, Now York
on the 10th day of May 1977, at
3:30 o'clock P.M., at which time
und place all interested persons
will he heard.
DATED: April 12, 1977
JUDITH T. TERRY
2680--1TA21 TOWN CLERK
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
Sl:uar~ C. Dorman
...................................... being duly Sworn,
s~s that ...he.... is Printer and Publisher of ~e SUFFOLK
WEEKLY TIMES. a news~per publish~ ~ Gr~nport, in ~d
county~ and ~ut the noti~, of which ~e anne~d is ~ print~
~py, ~s ~en published in the ~d Suffolk W~k~ Times
once in e~ch w~k, ~ one (1)
suc~ssively commencing on ~e ..... ~>~Z~J;~ ......
day of A~il ~ ............... 77
N~ARY PUBM~. Stale of New
Cll:s. No. ~-6086~5