No civil action shall be maintained against the Town of Lewisboro or the Town Superintendent of Highways of the Town of Lewisboro or against any improvement district in the Town of Lewisboro for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property, either real or personal, of any type or description owned by the Town of Lewisboro, or any property owned by any improvement district therein, being defective, out of repair, unsafe, dangerous or obstructed, unless physical hardcopy written notice, specifying the particular place, of such alleged defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned by the Town of Lewisboro or any property owned by any improvement district was actually given to the Town Clerk of the Town of Lewisboro or the Town Superintendent of Highways of the Town of Lewisboro, and there was a failure or neglect within a reasonable time after the giving of such physical hardcopy written notice to repeal or remove the alleged defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the alleged existence of snow or ice upon any highway, bridge, culvert or any other property owned by the Town of Lewisboro or any property owned by the improvement district in the Town of Lewisboro unless physical hardcopy written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Lewisboro or the Town Superintendent of Highways of the Town of Lewisboro 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 physical hard copy written notice. Notice of an alleged defect submitted via email, the Town's website, any service, website, or application the Town uses to allow the public to submit reports or service requests to the Town, comments on a social media page maintained by the Town, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this section.
[Adopted 12-14-1976 by L.L. No. 2-1976; amended in its entirety 4-28-2025 by L.L. No. 3-2025]
No civil action shall be maintained against the Town of Lewisboro and/or the Town Superintendent of Highways of the Town of Lewisboro for damages or injuries to person or property sustained by reason of any alleged defect in the sidewalks of the Town of Lewisboro, or in consequence of the alleged existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town of Lewisboro or the Superintendent of Highways of the Town of Lewisboro pursuant to statute; nor shall any action be maintained for damages or injuries to person or property sustained by reason of such alleged defect or in consequence of such alleged existence of snow or ice, unless physical hardcopy written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Lewisboro or to the Superintendent of Highways of the Town of Lewisboro 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 physical hardcopy written notice. Notice of an alleged defect submitted via email, the Town's website, any service, website, or application the Town uses to allow the public to submit reports or service requests to the Town, comments on a social media page maintained by the Town, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this section.
The Town Superintendent of Highways of the Town of Lewisboro shall transmit, in writing, to the Town Clerk of the Town of Lewisboro, within two days after receipt thereof, all written notices received pursuant to this article, and the Town Superintendent of Highways shall take any and all corrective action with respect thereto as soon as is reasonably possible.
The Town Clerk of the Town of Lewisboro shall keep an index record, in a separate book, of all physical hardcopy written notices which shall be received of the existence of an alleged defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice and snow upon any Town highway, bridge, culvert, sidewalk or any other property described in § 191-19 owned by the Town of Lewisboro or by any improvement district, which record shall state the date of the receipt of the physical hardcopy written 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 physical hardcopy written 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 Superintendent of Highways of the Town of Lewisboro of the receipt of such physical hardcopy written notice.
Nothing contained in this article 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 article 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 Lewisboro, 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.