[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 1-8-1991 by L.L. No. 2-1991 (Ch. 34 of the 1968
Compilation). Amendments noted where applicable.]
A.
No civil action shall be maintained against the Village of Sag Harbor
for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk or crosswalk being
defective, out of repair, unsafe, dangerous or obstructed or in consequence
of the existence of snow or ice thereon, unless prior written notice
of the defective, out-of-repair, unsafe, dangerous or obstructed condition
or of the existence of the snow or ice, relating to the particular
place, was actually given to the Village Clerk and there was a failure
or neglect within a reasonable time after the receipt of such notice
to repair or remove the defect, danger or obstruction complained of
or to cause the snow or ice to be removed or the place otherwise made
reasonably safe.
B.
No civil action shall be maintained against the Village of Sag Harbor
for damages or injuries to person or property sustained in consequence
of any parking area, public place, walkway, footpath, bicycle path,
beach area or beach equipment, dock area or dock equipment, mooring
area or mooring equipment, swimming pool or pool equipment, playground
or playground equipment, recreation area or recreation equipment,
park area or park equipment or any other property or equipment owned
by the Village of Sag Harbor, being defective, out of repair, unsafe,
dangerous or obstructed or in consequence of the existence of snow
or ice thereon, unless prior written notice of the defective, out-of-repair,
unsafe, dangerous or obstructed condition or of the existence of the
snow or ice, relating to the particular place, was actually given
to the Village Clerk and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of or to cause the snow or ice to
be removed or the place otherwise made reasonably safe.
C.
No civil action shall be maintained against the Village of Sag Harbor
for damages or injuries to person or property sustained in consequence
of any traffic sign or device being defective, out of repair, unsafe,
dangerous, obstructed or missing, unless prior written notice of the
defective, out-of-repair, unsafe, dangerous, obstructed or missing
condition, relating to the particular place, was actually given to
the Village Clerk and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of or to cause the missing sign or
device to be installed or the place otherwise made reasonably safe.
D.
The Village of Sag Harbor shall not be liable for damages or injuries
to person or property sustained in consequence of any condition hereinbefore
set forth where the requirements hereinbefore set forth are not fully
met.
The Village Clerk shall keep an indexed record of all written
notices which the Village Clerk shall receive with respect to the
existence of conditions set forth in this chapter, which record shall
state the date of receipt of the notice, the nature and location of
the condition stated to exist and the name and address of the person
from whom the notice is received. All such written notices shall be
indexed according to the location of the alleged condition. At the
Village Board of Trustees meeting next following receipt of each written
notice or within 10 days after receipt of each written notice, whichever
is sooner, the Village Clerk shall cause each written notice to be
brought to the attention of the Village Board of Trustees. The record
of each written notice shall be preserved for a period of five years
after the date it is received.
