[HISTORY: Adopted by the Board Trustees of the Village of Roslyn Estates 9-15-2025 by L.L. No. 2-2025. Amendments noted where applicable.]
A. 
No civil action shall be maintained against the Village for damages or injuries to person or to property, including those arising from the operation of any mechanical or transportation device or equipment, sustained by reason of any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village being defective, out of repair, unsafe, dangerous or obstructed unless, before the occurrence resulting in such damages or injury, a) notice of such defective, out-of-repair, unsafe, dangerous or obstructed condition of such highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village was delivered to the Village Clerk at Village Hall located at 25 The Tulips, Roslyn Estates, New York 11576, in the form of a written physical hard copy, manually subscribed, and b) the Village failed or neglected to repair or remove the defective, unsafe, dangerous or obstructed condition within a reasonable time after receiving such notice.
B. 
No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, street, bridge, culvert or any other property owned by the Village, unless a) notice thereof relating to the particular place was delivered to the Village Clerk at Village Hall located at 25 The Tulips, Roslyn Estates, New York 11576, in the form of a written physical hard copy, manually subscribed, and b) the Village failed or neglected to cause such snow or ice to be removed or to otherwise reasonably make safe the place within a reasonable amount of time after receiving the notice. Notice of a defect submitted via email, the Village's website, any service, website, or application the Village uses to allow the public to submit reports or service requests to the Village, comments on a social media page maintained by the Village, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this section.
The Village Clerk shall keep an index record, in a separate book, of all written notices that the Village Clerk shall receive of the existence of a defective, out-of-repair, unsafe, dangerous or obstructed condition in or upon any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village, or of any accumulation of snow or ice thereon, 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, and upon receipt of any notice the Village Clerk shall notify the Mayor promptly.
Nothing contained in this chapter is intended or shall be deemed or held to repeal or modify or waive any existing requirement or statute of limitations that is applicable to the causes of action described in, and made subject to, this chapter. To the contrary, the provisions hereof shall be additional conditions to the right to maintain any such action. Nothing herein contained is intended or shall be deemed or held to modify any existing rule of law relative to the question of contributory negligence or to impose upon the Village, its officers and employees any greater duty or obligation than is otherwise presently imposed on the Village with respect to the maintenance of any highway, street, crosswalk, bridge, culvert, street marking, sign or device.