§ 71-B — Operation of snowmobiles

§ 71-b. Operation of snowmobiles. 1. With respect to injuries arising\nfrom the operation of snowmobiles, no civil action shall be maintained\nagainst any municipal corporation or an officer thereof in charge of\nhighway supervision and maintenance, for damages or injuries to person\nor property sustained by reason of any highway, bridge or culvert being\ndefective, out of repair, unsafe, dangerous, or obstructed, unless prior\nwritten notice of such defective, unsafe, dangerous or obstructed\ncondition on such highway, bridge or culvert was actually given to the\nmunicipal agent, officer, or employee authorized by section three\nhundred eleven of the civil practice law and rules to receive service or\nto the chief municipal officer in charge of highway supervision and\nmaintenance, and there was a failure or neglect within a reasonable time\nthereafter to repair or remove the defect, danger or obstruction\ncomplained of, or, in the absence of such notice, such defective,\nunsafe, dangerous or obstructed condition existed for so long a period\nof time that the same could have been discovered and remedied in the\nexercise of reasonable care and diligence, conditions resulting from the\nremoval or non-removal of snow and/or ice shall not constitute a defect\nuntil seventy-two hours after written notice has been served on a\nmunicipal corporation as provided herein. No such action shall be\nmaintained for damages or injuries to person or property sustained\nsolely due to conditions caused by snow and/or ice removal, or the\nnon-removal thereof from highways designated pursuant to section 8-0303\nof the conservation law.\n 2. The municipal officer in charge of highway supervision and\nmaintenance and any other municipal agent, officer or employee\ndesignated to receive service of process shall transmit in writing to\nthe clerk of the municipal body involved within twenty-four hours or as\nsoon as practical after the receipt thereof, all written notices\nreceived by him pursuant to this section.\n 3. The clerk of each municipal body shall keep an indexed record of\nall written notices which he shall receive of the existence of a\ndefective, unsafe, dangerous or obstructed condition in or upon, or of a\nhazardous condition caused by snow and/or ice removal, or the\nnon-removal thereof from highways designated pursuant to section 8-0303\nof the conservation law, which notice shall state the date of receipt\nthereof, and the name and address of the person from whom the notice was\nreceived. The record of each notice shall be preserved for a period of\nfive years after the date received.\n