[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 7-3-1980 as L.L. No. 2-1980. Amendments noted where
applicable.]
No civil action shall be maintained against
the Town or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway's, bridge's
or culvert's being defective, out of repair, unsafe, dangerous or
obstructed unless written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge or culvert was actually
given to the Town Clerk or Town Superintendent of Highways 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; and no such action shall be maintained for damages
or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge or culvert
unless written notice thereof, specifying the particular place, was
actually given to the Town Clerk or Town Superintendent of Highways
and there was a failure or neglect to cause such snow or ice to be
removed or to make the place otherwise reasonable safe within a reasonable
time after the receipt of such notice.
The Town Superintendent of Highways shall transmit
in writing to the Town Clerk within five days after the receipt thereof
all written notices received by him pursuant to this chapter and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received by him or her pursuant to this chapter
and Subdivision 2 of § 65-a of the Town Law to be presented
to the Town Board within five days of the receipt thereof or at the
next succeeding Town Board meeting, whichever shall be sooner.
This chapter shall supersede in its application
to the Town of Wawarsing Subdivisions 1 and 3 of § 65-a
of the Town Law.
[Added 7-7-1994 by L.L. No. 3-1994]
A.Â
Notwithstanding the limitations on the types of defects
for which prior notification is required pursuant to New York State
General Municipal Law § 50-e, the Town Board of the Town
of Wawarsing deems it necessary and appropriate to require prior notification
of a defective condition as set forth herein before the Town of Wawarsing
shall be liable for injury or damage to persons or property sustained
as a result of such defect.
B.Â
No civil action shall be maintained against the Town of Wawarsing for damages or injuries to persons or property sustained by reason of any defective parking area, swimming or wading pool or pool equipment, playground or playground equipment or park property, including athletic fields, basketball courts, handball courts, picnic areas or skating rinks contained therein, no matter where situated, being defective, out of repair, unsafe, dangerous or obstructed unless written notice thereof, by the witness to the defective, unsafe, dangerous or obstructed condition of such parking area, swimming or wading pool or pool equipment, playground or playground equipment or park property, was actually served upon the Town Clerk, in accordance with § 80-1 of this Code, and there was 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 of Wawarsing 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 injury.
