Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 6-1-1977 by L.L. No. 4-1977 (Ch. 15 of the 1974 Code); amended in its entirety 3-16-2010 by L.L. No. 1-2010. Subsequent amendments noted where applicable.]

§ 188-1 Purpose and intent.

This shall be a chapter providing for written notification of defects and obstructions on Town highways, bridges, streets, sidewalks, crosswalks and culverts in the Town of Clarkstown and for damages or injuries to persons or property sustained by reason of any buildings, land, facilities and/or easements owned, operated, maintained, controlled, leased or used by the Town of Clarkstown, its agencies and/or departments, including but not limited to Town Hall, court facilities, police headquarters and facilities, parks, recreation facilities, community centers, counseling centers, lakes and ponds, parking lots, landfill complex, composting facilities, storm and sanitary sewer easements, utility easements and walking easements, being defective, out of repair, unsafe, dangerous or obstructed. The purpose of this chapter is to provide notification to the Town to ensure the safety, health, protection and general welfare of persons in the Town of Clarkstown.

§ 188-2 Written notice of defect required.

A. 
No civil action shall be maintained against the Town or the Town Superintendent of Highways for damages or injuries to person or property sustained by reason of a highway, sidewalk, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, sidewalk, bridge or culvert was actually given to the Town Clerk or 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. 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, sidewalk, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways.
B. 
No civil action shall be maintained against the Town for damages or injuries to person or property sustained by reason of any buildings, land, facilities and/or easements owned, operated, maintained, controlled, leased or used by the Town of Clarkstown, its agencies and/or departments, including but not limited to Town Hall, court facilities, police headquarters and facilities, parks, recreation facilities, community centers, counseling centers, lakes and ponds, parking lots, landfill complex, composting facilities, storm and sanitary sewer easements, utility easements and walking easements, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such was actually given to the Town Clerk 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.
C. 
The notice shall be given by delivering a copy thereof personally or by registered or certified mail to the Town Clerk or to the Town Superintendent of Highways.

§ 188-3 Notice to Town Clerk and Town Board.

A. 
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within 10 days after the receipt thereof, all written notices received by him pursuant to § 188-2A of this chapter and § 65-a, Subdivision 2, of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this chapter and § 65-a, Subdivision 2, 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.
B. 
The Town Clerk shall cause all written notices received by him or her pursuant to § 188-2B of this chapter 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.

§ 188-4 Record of notices.

The Town Clerk shall keep an indexed record in a separate book of all written notices which said Clerk shall receive pursuant to this chapter of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice or snow upon, any Town highway, traffic signal, bridge, sidewalk or culvert, damages or written notices of injuries to persons or property sustained by reason of any buildings, land, facilities and/or easements owned, operated, maintained, controlled, leased or used by the Town of Clarkstown, its agencies and/or departments, including but not limited to Town Hall, court facilities, police headquarters and facilities, parks, recreation facilities, community centers, counseling centers, lakes and ponds, parking lots, composting facilities, storm and sanitary sewer easements, utility easements and walking easements, being defective, out of repair, unsafe, dangerous or obstructed, 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. The records of each notice shall be preserved for a period of five years after the date it is received.

§ 188-5 Applicability of Town Law.

Section 188-2A and § 188-3A of this chapter shall supersede § 65-a, Subdivisions 1 and 3, of the Town Law in its application to the Town of Clarkstown.