A.
No civil action shall be maintained against the city
for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, park, recreational facility,
sidewalk, crosswalk, grating, opening, drain or sewer being defective,
out of repair, unsafe, dangerous or obstructed unless, prior to the
occurrence resulting in such damage or injuries, written notice of
the defective, unsafe, dangerous, obstructed condition of such street,
highway, bridge, culvert, park, recreational facility, sidewalk, crosswalk,
grating, opening, drain or sewer, relating to the particular place,
shall have been filed in the office of the City Clerk of this city
and there was a failure or neglect to repair, remedy or remove the
defect, danger or obstruction within a reasonable time after the filing
of such notice.
B.
No civil action shall be maintained against the city
for damages or injuries to the person sustained in consequence of
the existence of snow or ice upon any sidewalk, crosswalk, park, recreational
facility or street of the city unless, previous to the occurrence
resulting in such damages or injuries, written notice of the existence
of such snow or ice, relating to the particular place, shall have
been filed in the office of the City Clerk of the city, and that there
was a failure or neglect to cause such snow or ice to be removed or
the place otherwise made reasonably safe within a reasonable time
after the filing of such notice.
C.
The city shall not be liable in a civil action for
damages or injuries to person or property or invasion of personal
or property rights of any name or nature whatsoever, whether casual
or continuing, arising at law or in equity, alleged to have been caused
or sustained, in whole or in part, by or because of any omission of
duty, wrongful act, fault, neglect, misfeasance or negligence on the
part of the city, or any of its agents, officers or employees, unless
a claim therefore, in writing, sworn to be or on behalf of the claimant,
setting forth the name and post office address of each claimant and
of his attorney, if any, the nature of the claim, the time when, the
place where and the manner in which the claim arose and the items
of damage or injuries claimed to have been sustained, so far as then
practicable, shall be presented to the Common Council within 90 days
after the happening of the accident or injury or the occurrence of
the act, omission, fault or neglect out of which, or on account of
which, the claim arose, and served upon the Mayor or City Clerk or
other person, officer, agent, clerk or employee designated by law
as a person to whom a summons in an action in the Supreme Court issued
against such party may be delivered, and unless an action shall be
commenced thereon within one year after the happening of such accident
or injury, or the occurrence of such act, omission, fault or neglect;
but no action shall be commenced to recover upon or enforce any such
claim against the city until the expiration of three months after
the service of said notice of claim. 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 city.
D.
For the purposes of this section, the terms "street,"
"highway," "sidewalk" and "crosswalk" shall include every path, step
or stairway and any other means of access of every kind, nature and
description whatsoever leading thereto or therefrom, and which is
owned, or controlled and maintained by the City of Kingston.
