[HISTORY: Adopted by the Town Board of the Town of Cornwall 4-11-1994
by L.L. No. 2-1994. Amendments noted where applicable.]
A.Â
It is the intent of the Town Board, pursuant to the Municipal Home Rule Law of the State of New York, to supersede such portions of § 65-a of the Town Law of the State of New York and § 50-e4 of the General Municipal Law of the State of New York as stated in this section and fully set forth in §§ 114-2, 114-3, 114-4 and 114-5 of this chapter.
B.Â
It is the intent of the Town Board to supersede that portion of § 65-a of the Town Law of the State of New York with respect to the manner of service of notice of defects and obstructions as is more fully set forth in § 114-6 of this chapter.
D.Â
It is the further intent of the Town Board to require, in addition to the need for prior written notice of defective, out-of-repair, unsafe, dangerous or obstructed highways, bridges or culverts in § 65-a1 of the Town Law of the State of New York or of a defect in or snow or ice upon any sidewalk in § 65-a2 of the Town Law of the State of New York or of defective, unsafe, dangerous or obstructed conditions of any street, highway, bridge, culvert, sidewalk or crosswalk in § 50-e4 of the General Municipal Law of the State of New York, as a condition precedent to the maintenance of a civil action for damages or injuries to person or property, that such prior written notice is additionally required for any defective or obstructed property of the Town of Cornwall or any snow or ice condition upon such property as set forth more fully in §§ 114-3, 114-4 and 114-5 of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
The Town of Cornwall.
The Town Board of the Town of Cornwall.
The Town Clerk of the Town of Cornwall.
The Town Superintendent of Public Works of the Town of Cornwall.
No civil action shall be maintained against the town or the Superintendent of Public Works for damages or injuries to persons or property sustained by reason of any highway, bridge or culvert being defective, out-of-repair, unsafe, dangerous or obstructed unless written notice of, by the witness to, such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually served upon the Town Clerk or Superintendent of Public Works in accordance with § 114-6 hereof 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. Under no circumstances shall the town be liable for damages caused to persons or property due to the defective conditions of town streets and highways in the absence of such prior written notice to the town of the existence of such condition.
No civil action shall be maintained against the town for damages or injuries to persons or property sustained by reason of any defective parking field, swimming or wading pool, playground or playground equipment, skating pond or park property, no matter where situated, being defective, out-of-repair, unsafe, dangerous or obstructed unless written notice of, by the witness to, the defective, unsafe, dangerous or obstructed condition of such parking field, swimming or wading pool, playground or playground equipment, skating pond or park property was actually served upon the Town Clerk in accordance with § 114-6 hereof 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. Under no circumstances shall the town be liable for injuries or damages to persons or property due to defective conditions of the aforesaid town property in the absence of such prior written notice to the town of the existence of the defective condition causing said injuries or damages.
No civil action shall be maintained against the town for injuries or damages to persons or property sustained by reason of any defect or obstruction whatsoever in its traffic signs, sidewalks, walkways, footpaths or bicycle pathways or for injuries or damages to persons or property sustained by reason of any defect or obstruction in its traffic signs, sidewalks, walkways, footpaths or bicycle pathways or in consequence of the existence of snow or ice upon any of its traffic signs, sidewalks, walkways, footpaths or bicycle pathways unless said traffic signs, sidewalks, walkways, footpaths or bicycle pathways, no matter where situated, have been constructed or are maintained by the town or the Superintendent of Public Works pursuant to statute and written notice of, by the witness to, said defect or obstruction causing the injuries or damages was actually served upon the Town Clerk or Town Superintendent of Public Works in accordance with § 114-6 hereof, nor shall any action be maintained for injuries or damages to persons or property sustained by reason of any defect or obstruction or in consequence of the existence of snow or ice unless such written notice thereof was actually served upon the Town Clerk or Town Superintendent of Public Works in accordance with § 114-6 hereof and there was a failure or neglect to cause the particular defect to be remedied or the obstruction of the snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
Service of written notice of any defect described in this chapter shall
be accomplished by personal service or service by registered or certified
mail actually received by the town officer or officers specified herein. The
written notice must be made by the witness to the condition, defect or obstruction
specified in this chapter. The written notice must identify, with particularity,
the specific nature and location of each condition, defect or obstruction
complained of.
The Town Superintendent of Public Works shall transmit to the Town Clerk,
in writing, within 10 days after receipt thereof, all written notices received
by the Town Superintendent of Public Works pursuant to this chapter, and the
Town Superintendent of Public Works shall take any and all corrective action
with respect thereto which may be necessary as soon as possible.
The Town Clerk shall keep a separate index record of all written notices
which the Town Clerk shall receive pursuant to the provisions of this chapter,
which record shall state the date of the receipt of the notice, the nature
and location of the conditions stated to exist and the name and address of
the person from whom the notice was received. The Town Clerk, upon receipt
of such written notice, shall notify the Town Superintendent of Public Works
immediately, in writing, of the receipt of such notice and shall provide the
Town Superintendent of Public Works with a copy of the notice.
Nothing contained in this chapter shall be held to repeal, modify or
waive any existing requirement or statute of limitations which is applicable
to these causes of action, but on the contrary this chapter shall be held
to be an additional requirement to the right to maintain such action; nor
shall anything contained herein be held to modify any existing rule of law
relevant to the question of comparative negligence nor to impose upon the
town, its officers and employees and any of its improvement districts any
greater duty or obligation than to keep its streets and sidewalks
and other public places fit for public use and travel than existed prior to
the adoption of this chapter.
If any clause, sentence, paragraph, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof but
shall be confined in its operation to the clause, sentence, paragraph, section
or a part thereof directly involved in the controversy in which such judgment
shall have been rendered.
This chapter shall take effect immediately upon filing with the Secretary
of State.
[1]
Editor's Note: This local law also provided for the repeal of
former Ch. 114, Prior Notice of Defects, adopted 7-14-1986 by L.L. No. 2-1986.
