[HISTORY: Adopted by the Board of Trustees
of the Village of Skaneateles as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-24-2008 by L.L. No. 2-2008]
No civil action shall be maintained against
the Village, or against any Village employee or official, for damages
or injuries to person or property sustained by reason of any street,
bridge, culvert, crosswalk, park, parking lot, sewer, reservoir, water
tower, electrical distribution equipment or other property owned by
the Village being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such street, bridge, crosswalk, culvert, park, parking
lot, sewer, reservoir, water tower, electrical distribution equipment
or any other property owned by the Village was actually given to the
Village Clerk, or to the Village Director of Municipal Operations,
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 Village street,
bridge, crosswalk, culvert, park, parking lot, or any other property
owned by the Village unless written notice thereof, specifying the
particular place, was actually given to the Village Clerk, or to the
Village Director of Municipal Operations, 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 Village or any Village employee or official for damages or injuries
to person or property sustained by reason of any defect in the sidewalks
of the Village 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 Village 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 Village Clerk or to the Village Director
of Municipal Operations and there was a failure or neglect to cause
such defect to be remedied, 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 written notice required hereunder shall
contain at least the following information:
A.
The name and mailing address of the person giving
notice.
B.
A precise statement as to the nature and extent of
any defective, unsafe, dangerous or obstructed condition or the existence
of snow or ice upon any street, bridge, crosswalk, culvert, park,
parking lot, sewer, reservoir, water tower, electrical distribution
equipment or other Village property.
C.
The approximate date that such condition first became
known to the person giving notice.
D.
The exact location of such condition, giving wherever
possible reference to street address or addresses, utility pole number
or other geographic reference as will aid the Village in properly
locating and correcting such condition.
The Village Director of Municipal Operations
shall transmit, in writing, to the Village Clerk, within five days
after receipt thereof, all written notices received by him or her
pursuant to this article.
The Village Clerk shall keep an indexed record,
in a separate book, of all written notices which he or she shall receive
of the alleged existence of a defective, unsafe, dangerous or obstructed
condition in or upon, or of any accumulation of ice and snow upon
any Village street, bridge, crosswalk, culvert, park, parking lot,
sidewalk, or other property, which records 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 record of each notice shall be preserved
for a period of five years after the date it is received.
There shall be no substitute for written notice
as set forth in this article. Constructive notice is hereby expressly
declared to be insufficient notice.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these classes 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 or law relative to the question of contributory
negligence, nor to impose upon the Village any greater duty or obligation
than to keep its streets, bridges, crosswalks, sidewalks, parks, parking
lots and public places in a reasonably safe condition for public use
and travel.
