Village of Fonda, NY
Montgomery County
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[HISTORY: Adopted by the Board of Trustees of the Village of Fonda 2-14-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 141.
No civil action shall be maintained against the Village of Fonda or the Village Superintendent of Highways of the Village or against an improvement district in the Village for damages or injuries to person or property, including those arising from the operation of snowmobiles, sustained by reason of any highway, bridge, culvert, highway marking sign or device or any other property owned operated or maintained by the Village or any improvement district therein being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, highway marking sign or device or any other property owned operated or maintained by the Village or any property owned operated or maintained by any improvement district was actually given to the Village Clerk of the Village or the Village Superintendent of Highways of the Village, and there was thereafter a failure or neglect within a reasonable time 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 highway, bridge, culvert or any other property owned by the Village or any property owned by any improvement district in the Village, unless written notice thereof, specifying the particular place, was actually given to the Village Clerk of the Village or the Village Superintendent of Highways of the Village, 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 the receipt of such notice.
No civil action will be maintained against the Village and/or the Village Superintendent of Highways of the Village for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Village 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 Village or the Superintendent of Highways of the Village pursuant to statute; nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of which existence of snow or ice, unless written notice thereof, specifying the particular place, was actually given to the Village Clerk of the Village or to the Village Superintendent of Highways of the Village, and there was a failure or neglect to cause such defect to be remedied or 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 Village Superintendent of Highways of the Village shall transmit, in writing, to the Village Clerk of the Village, within five days after receipt thereof, all written notices received by him pursuant to this chapter, and he shall take any and all corrective action with respect hereto as soon as practicable.
The Village Clerk of the Village shall keep an indexed record of all written notices which the Village Clerk shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow, upon any Village highway, bridge, culvert or a sidewalk or any other property owned by the Village or by any improvement district, 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 defective, unsafe, dangerous or obstructed condition, or the location of accumulated snow or ice. The Village Clerk, upon receipt of such written notice, shall at the Board meeting next following receipt of such written notice by him, or within 10 days, whichever is sooner, in writing, notify the Village Superintendent of Highways of the Village of the receipt of such notice. The record of each notice shall be preserved for a period of five years after the date it is received.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations, but on the contrary, shall be held to be additional requirements to the rights to maintain such action. Nothing contained herein shall be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Village its officers and employees and or any of its improvement districts any greater duty or obligations than that it shall keep its streets, sidewalks and public places in a reasonable safe condition for public use and travel.