Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 1-8-1991 by L.L. No. 2-1991 (Ch. 34 of the 1968 Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Use of Village property — See Ch. 210, Art. I.
Streets and sidewalks — See Ch. 235.
A. 
No civil action shall be maintained against the Village of Sag Harbor 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 in consequence of the existence of snow or ice thereon, unless prior written notice of the defective, out-of-repair, 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.
B. 
No civil action shall be maintained against the Village of Sag Harbor for damages or injuries to person or property sustained in consequence of any parking area, public place, walkway, footpath, bicycle path, beach area or beach equipment, dock area or dock equipment, mooring area or mooring equipment, swimming pool or pool equipment, playground or playground equipment, recreation area or recreation equipment, park area or park equipment or any other property or equipment owned by the Village of Sag Harbor, being defective, out of repair, unsafe, dangerous or obstructed or in consequence of the existence of snow or ice thereon, unless prior written notice of the defective, out-of-repair, 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.
C. 
No civil action shall be maintained against the Village of Sag Harbor for damages or injuries to person or property sustained in consequence of any traffic sign or device being defective, out of repair, unsafe, dangerous, obstructed or missing, unless prior written notice of the defective, out-of-repair, unsafe, dangerous, obstructed or missing condition, 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 missing sign or device to be installed or the place otherwise made reasonably safe.
D. 
The Village of Sag Harbor shall not be liable for damages or injuries to person or property sustained in consequence of any condition hereinbefore set forth where the requirements hereinbefore set forth are not fully met.
The Village Clerk shall keep an indexed record of all written notices which the Village Clerk shall receive with respect to the existence of conditions set forth in this chapter, 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. All such written notices shall be indexed according to the location of the alleged condition. At the Village Board of Trustees meeting next following receipt of each written notice or within 10 days after receipt of each written notice, whichever is sooner, the Village Clerk shall cause each written notice to be brought to the attention of the Village Board of Trustees. The record of each written notice shall be preserved for a period of five years after the date it is received.