No civil action shall be maintained against the Town of North Castle or the Highway General Foreman of the Town of North Castle or against any improvement district in the Town of North Castle for damages or injuries to persons or property sustained by reason of any street, highway, bridge, culvert or crosswalk therein being defective, out of repair, unsafe, dangerous or obstructed, unless proper written notice as specified herein of such defective, out-of-repair, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert or crosswalk was actually given to the Town Clerk of the Town of North Castle or the Highway General Foreman of the Town of North Castle and 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 persons or property sustained solely in consequence of the existence of snow or ice upon any street, highway, bridge, culvert or crosswalk, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of North Castle or the Highway General Foreman of the Town of North Castle 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 receipt of such notice.
No civil action shall be maintained against the Town of North Castle and/or the Highway General Foreman of the Town of North Castle for damages or injuries to persons or property sustained by reason of any defect in the sidewalks of the Town of North Castle or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town of North Castle or the Highway General Foreman of the Town of North Castle pursuant to statute; nor shall any action be maintained for damages or injuries to persons 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 North Castle or to the Highway General Foreman of the Town of North Castle 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 Highway General Foreman of the Town of North Castle shall transmit, in writing, to the Town Clerk of the Town of North Castle, within two days after receipt thereof, all written notices received by him, and he shall take any and all corrective action with respect thereto as soon as possible.
The Town Clerk of the Town of North Castle shall keep an index record in a separate book of all written notices which shall be received of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any Town street, highway, bridge, culvert, sidewalk or crosswalk, which record shall state the date of the 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 such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Highway General Foreman of the Town of North Castle of the receipt of such notice.
Nothing contained herein shall be held to repeal, modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions, but on the contrary this chapter 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 of law relative to the question of contributory negligence nor to impose upon the Town of North Castle, its officers and employees and any of its improvement districts any greater duty or obligations that it shall keep its streets and sidewalks fit for public use and travel.