[Adopted 4-24-1985 as L.L. No. 1-1985[1]]
[1]
Editor's Note: This local law also repealed
former Art. III, Notice of Defects, adopted 5-11-1977 as L.L. No.
4-1977.
No civil action shall be maintained against
the Town of Tuxedo and/or the Town Superintendent of Highways or against
any improvement district in the Town of Tuxedo for damages or injuries
to person or property sustained by reason of any highway, 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, bridge or culvert was actually given to
the Town Clerk of the Town of Tuxedo or the Town Superintendent of
Highways of the Town of Tuxedo, 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 person
or property sustained solely in consequence of the existence of snow
or ice upon any highway, bridge or culvert, unless written notice
thereof, specifying the particular place, was actually given to the
Town Clerk of the Town of Tuxedo or the Town Superintendent of Highways
of the Town of Tuxedo 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 Town of Tuxedo and/or the Superintendent of Highways of the Town
of Tuxedo for damages or injuries to person or property sustained
by reason of any defect in its sidewalks or crosswalks or in consequence
of the existence of snow or ice upon any of its sidewalks or crosswalks,
unless such sidewalks or crosswalks have been constructed or are maintained
by the Town of Tuxedo or the Superintendent of Highways of the Town
of Tuxedo 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 Town Clerk of the Town of Tuxedo or to the Town
Superintendent of Highways of the Town of Tuxedo 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
of Tuxedo shall transmit in writing to the Town Clerk of the Town
of Tuxedo within 10 days after the receipt thereof all written notices
received by him pursuant to this article.
The Town Clerk of the Town of Tuxedo shall keep
an indexed record, in a separate book, of all written notices which
he or she shall receive 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, bridge, culvert, sidewalk or crosswalk
in the Town of Tuxedo, 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 record of each notice shall be preserved for a period
of five years after the date it is received.
The Town Clerk of the Town of Tuxedo shall transmit in writing to the Town Superintendent of Highways of the Town of Tuxedo, upon recording said notice pursuant to § 83-10 hereof and in any event within 10 days after receipt thereof, all written notices received by him or her pursuant to this article.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirements or statute
of limitations which is applicable to these classes of action, 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 or to impose upon the Town of Tuxedo and/or
any of its improvement districts any greater duty or obligation than
it shall keep its streets, sidewalks and other public places in a
reasonably safe condition for public use and travel.
If any clause, sentence, phrase, paragraph or
any part of this article shall for any reason be finally adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this article
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 article
would have been adopted had any such provision not been included.
This Article shall take effect immediately upon
its adoption by the Town Board of the Town of Tuxedo and filing with
the Secretary of State.
