[Amended 2-7-1995 by L.L. No. 4-1995; 8-4-2015 by L.L. No. 9-2015]
No civil action shall be maintained against the Town of Babylon
for damages or injuries to person or property (including those arising
from the operation of snowmobiles) sustained by reason of any highway,
bridge or culvert being defective, out of repair, unsafe, dangerous
or obstructed, unless written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge or culvert was actually
given to the Town Clerk of the Town and there was thereafter a failure
or neglect within a reasonable time 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,
or culvert unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk 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.
[Amended 2-7-1995 by L.L. No. 4-1995; 7-20-1999 by L.L. No. 13-1999; 9-1-2015 by L.L. No. 11-2015]
No civil action will be maintained against the Town for damages
or injuries to person or property sustained by reason of any defective,
dangerous, unsafe, out-of-repair or obstructed sidewalks of the Town
or in consequence of the existence of snow, ice or anything upon any
of its sidewalks, unless such sidewalks have been constructed or are
maintained by the Town pursuant to statute; nor shall any action be
maintained for damages or injuries to person or property sustained
by reason of such defective, dangerous, unsafe, out-of-repair or obstructed
sidewalks or in consequence of such existence of snow, ice or anything
upon any of its sidewalks unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the
Town and there was a failure or neglect to cause such defective, dangerous,
unsafe, out-of-repair or obstructed sidewalks 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 notice.
[Amended 2-7-1995 by L.L. No. 4-1995]
The Commissioner of the Department of Public
Works of the Town shall transmit, in writing to the Town Clerk, within
10 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.
[Amended 2-7-1995 by L.L. No. 4-1995]
The Town Clerk shall keep an indexed 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, which record shall
state the date of 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 presented. All such written notices shall
be indexed according to the location of the alleged defective, unsafe,
dangerous or obstructed condition or the location of accumulated snow
or ice. The Town Clerk, upon receipt of such written notice, shall
immediately and in writing notify the Commissioner of the Department
of Public Works of the Town 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 but, on the contrary, shall be held to be additional requirements
to the rights to maintain such action. Nothing contained herein shall
be held to modify any existing rule of 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 obligations than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and
travel.