Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 11-9-1982 by L.L. No. 5-1982; amended in its entirety 7-22-2003 by L.L. No. 5-2003. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 168.
Streets and sidewalks — See Ch. 205.

§ 160-1 Notice required for certain instances.

[Amended 11-25-2008 by L.L. No. 12-2008]
A. 
No civil action shall be maintained against the Town of Oyster Bay for injuries or damages to persons or property sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out-of-repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, out-of-repair, dangerous or obstructed condition of such street, highway, bridge, culvert, sidewalk or crosswalk was actually served upon the Town Clerk or the Commissioner of Highways, and that there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defective, out-of-repair, unsafe, dangerous or obstructed condition complained of. Under no circumstances shall the Town of Oyster Bay be liable for injuries or damages caused to persons or property due to the defective, out-of-repair, unsafe, dangerous or obstructed conditions of Town streets, highways, bridges, culverts, sidewalks or crosswalks in the absence of prior written notice, to the Town Clerk or the Commissioner of Highways, of the existence of such condition.
B. 
No civil action shall be maintained against the Town of Oyster Bay for injuries or damages to persons or property sustained by reason of any defective, out-of-repair, unsafe, dangerous or obstructed condition whatsoever in its streets, highways, bridges, culverts, sidewalks or crosswalks, or for injuries or damages to persons or property sustained by reason of any defective, out-of-repair, unsafe, dangerous or obstructed condition in its streets, highways, bridges, culverts, sidewalks, or crosswalks, in consequence of the existence of snow or ice upon any of its streets, highways, bridges, culverts, sidewalks or crosswalks, unless said street, highway, bridge, culvert, sidewalk or crosswalk, no matter where situated, by witness to, has been constructed or is maintained by the Town, or the Commissioner of Highways, pursuant to statute, and written notice of, by witness to, said defective, out-of-repair, unsafe, dangerous or obstructed condition causing the injuries or damages was actually served upon the Town Clerk or the Commissioner of Highways, nor shall any action be maintained for injuries or damages to persons or property sustained by reason of any defective, out-of-repair, unsafe, dangerous or obstructed condition, or in consequence of the existence of snow or ice, unless written notice thereof, specifying the particular place, location and condition, was actually served upon the Town Clerk or the Commissioner of Highways, and there was a failure or neglect to cause the particular defective, out-of-repair, unsafe, dangerous or obstructed condition to be remedied or the obstruction of the snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of due notice.

§ 160-2 Applicability.

This chapter shall apply to all damages or injuries, which occur after the effective date of this chapter.

§ 160-3 Method of service of written notice by witness; contents.

Service of written notice of any defective, out-of-repair, unsafe, dangerous or obstructed condition described in this chapter shall be accomplished by personal service or service by registered or certified mail actually received by the Town officer or officers specified herein. The written notice must be made by the witness to the defective, out-of-repair, unsafe, dangerous or obstructed condition specified in this chapter. The written notice must identify, with particularity, the specific nature and location of each defective, out-of-repair, unsafe, dangerous or obstructed condition complained of.

§ 160-4 Legislative intent.

A. 
It is the intent of the Town Board, pursuant to the Municipal Home Rule Law of the State of New York, to supersede such portions of § 65-a of the Town Law of the State of New York and § 50-e, Subdivision 4, of the General Municipal Law of the State of New York as stated in this section and fully set forth in §§ 160-1 and 160-3 of this chapter.
B. 
It is the intent of the Town Board to supersede that portion of § 65-a of the Town Law of the State of New York with respect to the manner of service of notice of defects and obstruction as is more fully set forth in §§ 160-1 and 160-3 herein.
C. 
It is the further intent of the Town Board to supersede that portion of § 65-a, Subdivision 1 of the Town Law of the State of New York which permits a civil action upon the showing of constructive notice by requiring prior written notice as more fully set forth in § 160-1 herein.
D. 
It is the further intent of the Town Board to require, in addition to the need for prior written notice of defective, out-of-repair, unsafe, dangerous or obstructed highways, bridges or culverts in § 65-a, Subdivision 1, of the Town Law of the State of New York or of a defect in or snow or ice upon any sidewalk in § 65-a, Subdivision 2, of the Town Law of the State of New York or of defective, out-of-repair, unsafe, dangerous or obstructed conditions of any street, highway, bridge, culvert, sidewalk or crosswalk in § 50-e, Subdivision 4, of the General Municipal Law of the State of New York as a condition precedent to the maintenance of a civil action for injuries or damages to persons or property, that such prior written notice is additionally required for any defective, out-of-repair, unsafe, dangerous or obstructed property of the Town of Oyster Bay or snow or ice condition upon such property as set forth more fully in § 160-1 of this chapter.

§ 160-5 Severability.

If any provision of this chapter or the application thereof is held invalid for any reason, the remainder of this chapter and the application thereof shall not be affected thereby.