[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.
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.
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.
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.
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.
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.
