No civil action shall be maintained against the Town of Deerpark (hereinafter
referred to as the “Town”) or the Town Superintendent of Highways
of the Town, or against any improvement district in the Town for damages or
injuries to person or property (including those arising from the operation
of snowmobiles) sustained by reason of any highway, bridge, culvert, highway
marking, sign, device or signal or any other property owned, operated or maintained
by the Town or any property owned, operated or maintained by any improvement
district therein, being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous, or obstructed
condition of such highway, bridge, culvert, highway marking, sign, device
or signal or any other property owned, operated or maintained by the Town,
or any property owned, operated or maintained by any improvement district,
was actually given to or delivered or served upon the Town Clerk of the Town,
or the Town Superintendent of Highways of the Town, and that there was a failure
or neglect within a reasonable time after the giving, delivery or serving
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 highway, bridge, culvert or any other property owned by the Town
unless written notice thereof, specifying the particular place, was actually
given, delivered or served upon to the Town Clerk of the Town or the Town
Superintendent of Highways of the Town 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 will be maintained against the Town and/or the Town
Superintendent of Highways of the Town for damages or injuries to person or
property sustained by reason of any defect in the sidewalks of the Town 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
or the Superintendent of Highways of the Town 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, or delivered or served upon the Town Clerk of the Town or to the
Town Superintendent of the Town 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 Town Superintendent of Highways of the Town shall transmit, in writing,
to the Town Clerk of the Town within five days after receipt thereof, all
written notices received by him pursuant to this chapter, and he shall take
any and all corrective action with respect thereto as soon as practicable.
The Town Clerk of the Town shall keep an index record, in a separate
book, of all written notices which the Town Clerk 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 Town highway, bridge, culvert
or a sidewalk, or any other property owned or maintained by the Town, 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 record
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 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 action but, on the contrary, shall be held to be additional
requirements to the rights 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 Town, its officers and
employees, and/or any of its improvement districts, any greater duty or obligations
than that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.