[Amended 9-15-1971 by L.L. No. 4-1971]
No civil action shall be maintained against
the City of Rye for damages or injuries to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk,
crosswalk, park or other public place being defective, out of repair,
unsafe, dangerous or obstructed, or in consequence of the existence
of snow or ice thereon, unless written notice of the defective, unsafe,
dangerous or obstructed condition, or of the existence of snow or
ice, had actually been given to the Department of Public Works prior
to the happening of the event causing such damages or injuries to
person or property and there had been a failure or neglect on the
part of the city 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, within a reasonable time after the
receipt of such notice.
No encroachment on any sidewalk, alley, street,
highway or public grounds in the city shall operate to confer any
right upon any person or corporation adverse to the city regardless
of the length of time the same may exist, and the city may sue for
its removal as a nuisance at any time.
The City Comptroller, City Clerk, City Judge,
Acting City Judge, City Marshal and such other officers and employees
as may be specified by the Council shall give bond for the faithful
performance of their duties. The bond shall be in such sum and with
such corporate sureties as may be approved by the Council. The premium
of all such surety bonds shall be paid by the city.
The chairman of any board or commission or the
head of any department, office or agency of the city, or any officer
or employee thereof when authorized by the chairman of such board
or commission or the head of such department, office or agency, may
for the purpose of performing his duties, enter, examine, inspect
or survey any building, structure, enclosure, vehicle, vessel or premises,
or any part thereof, or anything therein or attached thereto, at any
reasonable hour.
Service of a notice under this Charter, unless
otherwise provided, may be personal or by mail by depositing a copy
thereof in the post office addressed to the person to be notified
at his last known place of residence, or if such place of residence
be unknown, then by publication of such notice in the official newspaper
of the city. The day of publication shall be deemed to be the date
of service. Whenever any property in the city shall be owned by two
or more persons jointly or as tenants in common, or otherwise, a notice
served on one of such owners shall be sufficient notice to all, for
any purpose requiring a notice under this Charter.
The provisions of the Charter of the City of
Rye, being Chapter 505 of the Laws of 1940, relating to the City Court
are continued until duly amended or superseded.
The Charter of the City of Rye, being Chapter 505 of the Laws of 1940, as amended, except with respect to Article II, Section 11, and Articles
XIX and
XXI thereof, is hereby repealed. All local laws, ordinances, resolutions and regulations of this city, to the extent that they are not inconsistent with any provisions of this Charter, shall remain in full force and effect until repealed or amended.
If any provisions of this Charter is held invalid
or inapplicable to any person or circumstance, the other provisions
of the Charter and their application to other persons or circumstances
shall not be affected thereby.
This Charter shall take effect January 1, 1965.