[Added 10-25-1993 by L.L. No. 22-1993]
No civil action shall be maintained against
the Village of Pleasantville for damages or injuries to person or
property sustained in consequence of any street, highway, bridge,
culvert, sidewalk or crosswalk being defective, out of repair, unsafe,
dangerous or obstructed or for damages or injuries to person or property
sustained solely in consequence of the existence of snow or ice upon
any sidewalk, crosswalk, street, highway, bridge or culvert, unless
written notice of the defective, unsafe, dangerous or obstructed condition
or of the existence of the snow or ice, relating to the particular
place, was actually given to the Village Clerk and there was a failure
or neglect within a reasonable time after the receipt of such notice
to repair or remove the defect, danger or obstruction complained of
or to cause the snow or ice to be removed or the place otherwise made
reasonably safe.
The notice required herein shall be in writing
and served upon the Village Clerk personally or by certified mail,
return receipt requested. The notice shall set forth in sufficient
detail the location, nature and time of discovery of said defect.
The Village Clerk of the Village of Pleasantville
shall keep an index record, in a separate book, of all written notices
which the Village Clerk shall receive of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon or of any accumulation
of ice and snow upon any village street, highway, bridge, culvert
or sidewalk or any other property owned 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 such
notice shall be preserved for a period of five years from the date
it is received. The Village Clerk, upon receipt of such written notice,
shall immediately and in writing notify the Superintendent of Public
Works of the village of the receipt of such notice.
Nothing herein contained, however, shall be
held to revive any claim or cause of action now barred by any existing
requirement or statute of limitations nor to waive any existing limitation
now applicable to any claim or cause of action against the Village
of Pleasantville.
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 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 of law relative to the question of contributory
negligence nor to impose upon the village, its officers and employees
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.
[Added 4-28-1997 by L.L. No. 4-1997]
A violation of this article shall be punishable
by a fine of not more than $500, imprisonment for not more than 15
days, or by both such fine and imprisonment.
