superintendent shall, subject to the rules and regulations of the
department of transportation, made and adopted as provided in this
1. Have the care and superintendence of the town highways and bridges
and board walks or renewals thereof on highways less than two rods in
width, in the town, except as otherwise specially provided in relation
to incorporated villages, cities and other localities.
2. Cause such highways and bridges and the board walks or renewals
thereof on highways less than two rods in width to be kept in repair,
and free from obstructions caused by snow and give the necessary
directions therefor, and inspect the highways and bridges within the
town, during the months of April and October of each year, or at such
other time as the county superintendent may prescribe; and may cause to
be constructed and repaired any public roads, walks, places and avenues
on any sand beach separated by more than two miles of water from the
main body of his town, or on any island or part of an island in his
town, although such roads, walks, places and avenues are narrower than
the width of highways required by statute. Within the meaning of this
section, or of any provision of this chapter referring to a renewal of a
board walk on a highway less than two rods in width, the term "renewal"
shall include a walk built of other material to replace such board walk.
3. Divide the town into as many sections as may be necessary for the
proper maintenance and repair of the town highways therein, and the
opening of town highways obstructed by snow.
4. Within the limits of appropriations employ such persons as may be
necessary for the maintenance and repair of town highways and bridges,
and the removal of obstructions caused by snow, subject to the approval
of the town board, and provide for the supervision of such persons.
5. Construct and keep in repair sluices and culverts and cause the
waterways, bridges and culverts to be kept open.
6. Cause loose stones lying in the beaten track of every town highway
within his town to be removed at least three times each year between the
first day of April and the first day of December. Stones so removed
shall be conveyed to some place from which they shall not work back, or
be brought back into the track by road machines or other implements used
in repairing such highways.
7. Cause briers, brush and noxious weeds growing within the bounds of
town highways to be cut and removed between July fifteenth and August
fifteenth, and as many other times as he may deem necessary, in each
8. Cause such town highways as shall have been laid out, but not
sufficiently described, and such as shall have been used for twenty
years, but not recorded, to be ascertained, described and entered on
record in the town clerk's office.
10. Attend public meetings called by the department of transportation,
held within the county, after receiving notice thereof from the county
superintendent, and his expenses necessarily incurred thereby shall be a
11. Cause the monuments erected, or to be erected, as the boundaries
of town highways, to be kept up and renewed so that the extent of such
highway boundaries may be publicly known, and erect and establish such
new monuments as may be required by the county superintendent.
12. As often as the department of transportation shall direct, the
town superintendent shall measure all town highways of his town. Such
measurements shall be made either by use of a cyclometer or otherwise as
the department of transportation shall direct. He shall ascertain, and
indicate in his report, the town highways which have been surfaced with
gravel, those which have been surfaced with crushed stone and those
which have been shaped and crowned. He shall report in triplicate on
forms to be prescribed and furnished by the department of
transportation, the total mileage of all town highways within his town,
specifying as above provided, and such report shall be filed with the
town clerk, the county superintendent, and the department of
13. Bring an action in the name of the town, against any person or
corporation, to sustain the rights of the public, in and to any town
highway in the town, and to enforce the performance of any duty enjoined
upon any person or corporation in relation thereto, and to recover any
damages sustained or suffered, or expenses incurred by such town, in
consequence of any act or omission of any such person or corporation, in
violation of any law or contract in relation to such highway.
14. During the construction or improvement of a town highway, if such
highway be closed to the traveling public and another existing highway
is caused to be used in lieu of the closed highway as provided in
section one hundred and four of this chapter, provide, erect and
maintain a sufficient number of detour signs so that the temporary route
or detour shall be clearly indicated throughout its entire length, and
upon the discontinuance of said temporary route or detour, shall remove
said signs, and the cost of all thereof shall be a town charge to be
included in the money levied and collected in the town for the repair
and improvement of highways.
15. Collect all penalties prescribed by this chapter.
16. Report annually on such date as may be prescribed by the
department of transportation, prior to January first, to the county
superintendent, in relation to the town highways and bridges in his
town, containing the matter and in the form to be prescribed by the
department of transportation.
17. Perform such other duties and have such other powers as may be
imposed or conferred by law, or the rules and regulations of the
department of transportation, including the powers and duties heretofore
exercised or performed by highway commissioners.
18. Maintain all sidewalks in the town constructed by the state
adjacent to state highways and all sidewalks in the town constructed by
the county adjacent to county roads and, when authorized by the town
board, cause the removal of snow therefrom, and the cost thereof shall
be paid from the miscellaneous or other town funds.
19. Have the power to employ an engineer subject to approval of the