Legislation
SECTION 71-B
Operation of snowmobiles
General Municipal (GMU) CHAPTER 24, ARTICLE 5
§ 71-b. Operation of snowmobiles. 1. With respect to injuries arising
from the operation of snowmobiles, no civil action shall be maintained
against any municipal corporation or an officer thereof in charge of
highway supervision and maintenance, 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 prior
written notice of such defective, unsafe, dangerous or obstructed
condition on such highway, bridge or culvert was actually given to the
municipal agent, officer, or employee authorized by section three
hundred eleven of the civil practice law and rules to receive service or
to the chief municipal officer in charge of highway supervision and
maintenance, and there was a failure or neglect within a reasonable time
thereafter to repair or remove the defect, danger or obstruction
complained of, or, in the absence of such notice, such defective,
unsafe, dangerous or obstructed condition existed for so long a period
of time that the same could have been discovered and remedied in the
exercise of reasonable care and diligence, conditions resulting from the
removal or non-removal of snow and/or ice shall not constitute a defect
until seventy-two hours after written notice has been served on a
municipal corporation as provided herein. No such action shall be
maintained for damages or injuries to person or property sustained
solely due to conditions caused by snow and/or ice removal, or the
non-removal thereof from highways designated pursuant to section 8-0303
of the conservation law.
2. The municipal officer in charge of highway supervision and
maintenance and any other municipal agent, officer or employee
designated to receive service of process shall transmit in writing to
the clerk of the municipal body involved within twenty-four hours or as
soon as practical after the receipt thereof, all written notices
received by him pursuant to this section.
3. The clerk of each municipal body shall keep an indexed record of
all written notices which he shall receive of the existence of a
defective, unsafe, dangerous or obstructed condition in or upon, or of a
hazardous condition caused by snow and/or ice removal, or the
non-removal thereof from highways designated pursuant to section 8-0303
of the conservation law, which notice shall state the date of receipt
thereof, and the name and address of the person from whom the notice was
received. The record of each notice shall be preserved for a period of
five years after the date received.
from the operation of snowmobiles, no civil action shall be maintained
against any municipal corporation or an officer thereof in charge of
highway supervision and maintenance, 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 prior
written notice of such defective, unsafe, dangerous or obstructed
condition on such highway, bridge or culvert was actually given to the
municipal agent, officer, or employee authorized by section three
hundred eleven of the civil practice law and rules to receive service or
to the chief municipal officer in charge of highway supervision and
maintenance, and there was a failure or neglect within a reasonable time
thereafter to repair or remove the defect, danger or obstruction
complained of, or, in the absence of such notice, such defective,
unsafe, dangerous or obstructed condition existed for so long a period
of time that the same could have been discovered and remedied in the
exercise of reasonable care and diligence, conditions resulting from the
removal or non-removal of snow and/or ice shall not constitute a defect
until seventy-two hours after written notice has been served on a
municipal corporation as provided herein. No such action shall be
maintained for damages or injuries to person or property sustained
solely due to conditions caused by snow and/or ice removal, or the
non-removal thereof from highways designated pursuant to section 8-0303
of the conservation law.
2. The municipal officer in charge of highway supervision and
maintenance and any other municipal agent, officer or employee
designated to receive service of process shall transmit in writing to
the clerk of the municipal body involved within twenty-four hours or as
soon as practical after the receipt thereof, all written notices
received by him pursuant to this section.
3. The clerk of each municipal body shall keep an indexed record of
all written notices which he shall receive of the existence of a
defective, unsafe, dangerous or obstructed condition in or upon, or of a
hazardous condition caused by snow and/or ice removal, or the
non-removal thereof from highways designated pursuant to section 8-0303
of the conservation law, which notice shall state the date of receipt
thereof, and the name and address of the person from whom the notice was
received. The record of each notice shall be preserved for a period of
five years after the date received.