[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville
2-13-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 48.
The terms "Village" and "Village of Fayetteville" as used throughout
this chapter shall be deemed to include each of the following: the Village
of Fayetteville; the Village of Fayetteville Fire Department; all agencies,
divisions or departments of the Village of Fayetteville; and any improvement
district created by the Village of Fayetteville.
A.
No civil action shall be maintained against the Village
of Fayetteville for damages or injuries to person or property sustained in
consequence of any street, highway, bridge, culvert, highway marking, sidewalk,
crosswalk, sign, device or any other property owned, operated or maintained
by the Village being defective, out of repair, unsafe, dangerous or obstructed
unless written notice specifying the particular condition and its location
was actually given to the Village Clerk of the Village of Fayetteville and
there was a failure or neglect to repair or remove the condition complained
of within a reasonable time after the receipt of such notice.
B.
No civil action shall be maintained against the Village
of Fayetteville for damages or injuries to persons or property sustained in
consequence of the existence of snow or ice upon any street, highway, bridge,
culvert, highway marking, sidewalk, crosswalk, sign, device or any other property
owned, operated or maintained by the Village unless written notice thereof,
specifying the particular location, was actually given to the Village Clerk
of the Village and there was a failure or neglect to cause such snow or ice
to be removed within a reasonable time after the receipt of such notice.
C.
No civil action will be maintained against the Village
of Fayetteville 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.
The Village Clerk of the Village shall keep an index record, in a separate
book, of all written notices which the Village Clerk shall receive regarding
the existence of a defective, unsafe, dangerous or obstructed condition or
of an accumulation of ice or snow upon any street, highway, bridge, culvert,
highway marking, sidewalk, crosswalk, sign, device or any other property owned,
operated or maintained by the Village, 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 record of each such notice shall be preserved for a period of five years
from the date it is received. The Village Clerk shall timely notify the Mayor
of each such notice received.
A.
Nothing contained in this chapter shall be held to repeal,
modify or waive any existing requirement or statute of limitations which is
applicable to effected causes of action but, on the contrary, shall be held
to be additional requirements to the rights to maintain such actions; 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
Village any greater duty or obligations than shall otherwise apply.
B.
If any clause, sentence, phrase, paragraph or any part
of this chapter shall for any reason be adjudged finally by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this chapter but shall be confined in its operation and effect
to the clause, sentence, phrase, paragraph or part thereof directly involved
in the controversy or action in which such judgment shall have been rendered.
It is hereby declared to be the legislative intent that the remainder of this
chapter would have been adopted had any such provisions not been included.
C.
This chapter supersedes any contrary provisions of New
York State General Municipal Law § 50-e.
