Section 71-B. Operation of snowmobiles  


Latest version.
  • 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.