No civil action shall be brought or maintained against the Town
of Rye 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, unless
written notice of the existence of such condition, relating to the
particular place, had theretofore actually been given to the Town
Board of the Town of Rye and there had been a failure or neglect on
the part of said Town to cause such condition to be corrected, or
the place otherwise made reasonably safe within a reasonable time
after the receipt of such notice.
Nothing herein contained, however, shall be held to revive any
claim or cause of action now barred by an existing requirement or
statute of limitations nor to waive any existing limitation now applicable
to any claim or cause of action against the Town of Rye.
No action shall be maintained for damages or injuries to the
person sustained in consequence of the existence of snow or ice upon
any sidewalk, crosswalk or street, in said Town, unless written notice
thereof relating to the particular place in such sidewalk or street
in which such snow or ice is claimed to exist, was previously actually
given to the Town Board of such Town and there has been a failure
or neglect to cause such snow or ice to be removed, or such place
to be otherwise made reasonably safe within a reasonable time after
the receipt of such notice as herein directed. Such notice shall be
served on the Clerk or Supervisor of the Town who shall forthwith
send a copy thereof to the Superintendent of Highways to cause such
snow or ice to be removed or such place to be otherwise made reasonably
safe within a reasonable time after the receipt of such copy of such
notice.
This resolution shall take effect 10 days after its adoption,
publication and posting as provided by law.
[Adopted 10-2-1973 by L.L. No. 1-1973]
The Town Board of the Town of Rye may by resolution authorize
the Town Superintendent of Highways to construct, reconstruct, maintain
and repair sidewalks in the Town of Rye. The expense thereof shall
be a Town charge.
The cost of constructing, reconstructing, maintaining and repairing
such sidewalks may be financed pursuant to the Local Finance Law of
New York.
This article shall amend § 151, Chapter
63 of the Laws of 1936 of the State of New York, as last amended, to the extent applicable to the Town of Rye in Westchester County, New York.