[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 7-2-2003 by L.L. No. 2-2003.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 127.
No civil action shall be maintained against the Village of South Glens
Falls or the Superintendent of the Department of Public Works or against any
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 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 Clerk/Treasurer
of the Village of South Glens Falls or the Superintendent of the Department
of Public Works and that 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 the 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 Clerk/Treasurer of the Village or the Superintendent
of the Department of Public Works 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 required notice.
No civil action will be maintained against the Village and/or the Superintendent
of the Department of Public Works of the Village for damages or injuries to
person or property sustained by reason of any defect in the sidewalks or bicycle
paths or byways of the Village or in consequence of the existence of snow
or ice upon any of its sidewalks, bicycle paths or byways unless such sidewalks,
bicycle paths, or byways have been constructed or maintained by the Village
or the Superintendent of the Department of Public Works pursuant to statute,
nor shall any action be maintained for damages or injuries to person or property
sustained by reason of such defect or inconsequence of such existence of snow
or ice unless written notice thereof, specifying the particular place, was
actually given to the Clerk/Treasurer of the Village or to the Superintendent
of the Department of Public Works and there was a failure or neglect to remedy
such defect, to remove such snow or ice, or to make the place otherwise reasonably
safe within a reasonable time after receipt of such notice.
The Superintendent of the Department of Public Works shall transmit,
in writing, to the Clerk/Treasurer of the Village, within five days after
receipt thereof, all written notices received by him/her pursuant to this
chapter, and he/she shall take any and all corrective action with respect
thereto as soon as practicable.
The Clerk/Treasurer of the Village shall maintain an index record, in
a separate book, of all written notices which the Village Clerk/Treasurer
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, sidewalk, bicycle path or byway, or any other property
owned by the Village or by any improvement district, which record shall state
the date of the actual receipt of the notice, the nature and location of the
condition stated to exist, and the name and address 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 Village Clerk/Treasurer, by receipt
of such notice, shall immediately and in writing notify the Superintendent
of the Department of Public Works of the Village of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of limitations which is applicable
to these causes of action but, on the contrary, shall be held to be additional
requirement to the rights 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 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, byways, bicycle trails and
public places in a reasonably safe condition for public use and travel.
If any clause, sentence, phrase, paragraph or any part of this chapter
shall for any reason be adjudged finally by 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 to its operation and effect to the law,
sentence, phrase, paragraph or part thereof directly involved in the controversy
or action in which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing with the New
York State Secretary of State.
