[HISTORY: Adopted by the Town Board of the Town of East Greenbush 5-1-1985 by L.L. No. 3-1985 (Ch. 20 of the 1991 Code). Amendments noted where applicable.]
No civil action shall be maintained against the Town of East Greenbush, located in the County of Rensselaer, State of New York (hereinafter referred to as "the Town") or the Town Commissioner of Public Works of the Town or against any improvement district in the Town for damages or injuries to persons or property (including those arising from the operation of snowmobiles or off-road recreational vehicles) sustained by reason of any highway, bridge, culvert, building, highway marking, sign or device or any other property owned, leased, operated or maintained by or under the control of the Town; or any property owned, leased, operated or maintained by any improvement district therein being defective, unsafe, dangerous, out of repair or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, highway marking, sign or device or building or any other property owned, operated or maintained by the Town or any property owned, operated or maintained by any improvement district was actually given to the Town Clerk of the Town or the Town Commissioner of Public Works of the Town and unless 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 highway, bridge, culvert, driveway, parking lot or any other property owned by the Town or any property owned by any improvement district in the Town unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town or the Town Commissioner of Public Works of the Town 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.
The Town Commissioner of Public Works of the Town shall transmit, in writing, to the Town Clerk of the Town 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 thereto as soon as practicable.
The Town Clerk of the Town shall keep an index record, in a separate book, of all written notices which the Town 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 Town highway, bridge, culvert or sidewalk or any other property owned by the Town or by any improvement district, 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 Commissioner of Public Works of the Town of the receipt of such notice.
This chapter supersedes the provisions of Subdivisions 1 and 3 of § 65-a of the Town Law in its application to the Town of East Greenbush.
A. 
Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitation which is applicable to these causes of action but, on the contrary, shall be held to be additional requirements to the rights to maintain such action, nor shall anything herein contained be held to modify any existing rule or law relative to the question of contributory negligence nor to impose upon the Town, its officers and employees, and/or any of its improvement districts any greater duty or obligation than that it shall keep its streets and public places in a reasonably safe condition for public use and travel.
B. 
If any clause, sentence, phrase, paragraph or any part of this chapter shall for any reason be adjudged finally in a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this chapter would have been adopted had any such provisions not been included.