Town of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 2-22-1995 by L.L. No. 6-1995 (Part I, Subpart 4, of the 1964 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 174.

§ 142-1 Notice prerequisite to civil action for injuries arising from defective public ways.

No civil action shall be maintained against the Town of Poughkeepsie or the Town Superintendent of Highways of the Town of Poughkeepsie or against any improvement district in the Town of Poughkeepsie for damages or injuries to person or property sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk therein being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert, sidewalk or crosswalk was actually given to the Town Clerk of the Town of Poughkeepsie or the Town Superintendent of Highways of the Town of Poughkeepsie and that 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 persons or property sustained solely in consequence of the existence of snow or ice upon any street, highway, bridge, culvert, sidewalk or crosswalk owned by the Town of Poughkeepsie or any property owned by any improvement district in the Town of Poughkeepsie unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Poughkeepsie or the Town Superintendent of Highways of the Town of Poughkeepsie and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

§ 142-2 Prerequisites to actions for injuries arising from snow and ice on public ways.

No civil action shall be maintained against the Town of Poughkeepsie and/or the Town Superintendent of Highways of the Town of Poughkeepsie for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of Poughkeepsie or in consequence of the existence of snow or ice upon any of its sidewalks unless such sidewalks have been constructed or are maintained by the Town of Poughkeepsie or the Superintendent of Highways of the Town of Poughkeepsie pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Poughkeepsie or to the Town Superintendent of Highways of the Town of Poughkeepsie and there was a failure or neglect to cause such defect to be rendered or such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

§ 142-3 Disposition of notices; remedial action.

The Town Superintendent of Highways of the Town of Poughkeepsie shall transmit, in writing, to the Town Clerk of the Town of Poughkeepsie within 10 days after receipt thereof, all written notices received by him or her pursuant to this chapter, and he or she shall take any and all corrective action with respect thereto as soon as possible.

§ 142-4 Record of notices.

The Town Clerk of the Town of Poughkeepsie shall keep an index record, in a separate book, of all written notices which he or she shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice and snow upon any street, highway, bridge, culvert, sidewalk or crosswalk owned by the Town of Poughkeepsie or by any improvement district, which record shall state the date of the 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. The records of such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the Town of Poughkeepsie of the receipt of such notice.

§ 142-5 Construal of provisions.

Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions but, on the contrary, shall be held to be additional requirements to the right to maintain such action, nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town of Poughkeepsie, its officers and employees and/or any of its improvement districts any greater duty or obligations than that it shall keep its streets and sidewalks in a reasonably safe condition for public use and travel.