Town of Pound Ridge, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pound Ridge 7-14-1977 as L.L. No. 1-1977. Amendments noted where applicable.]
No civil action shall be maintained against the Town or the Town Superintendent of Highways or against any improvement district in the Town 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 or any property owned 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 or any other property owned by the Town or any property owned by any improvement district was actually given to the Town Clerk or the Town Superintendent of Highways and 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 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 or the Town Superintendent of Highways 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 notice.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within five days after receipt thereof, all written notices received pursuant to this chapter and shall take any and all required corrective action with respect thereto as soon as possible. The Town Clerk shall transmit all written notices received pursuant to this chapter to the Town Board either within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner, and to the Town Superintendent of Highways immediately unless such notice had been transmitted to the Town Clerk by the Highway Superintendent.
The Town Clerk shall keep an index record, in a separate book, of all written notices which shall be received of the existence of any condition described in § 20-1 above on 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.
Nothing contained in this chapter 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 chapter 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, its officers and employees and any of its improvement districts any greater duty or obligations than it shall keep its streets and sidewalks fit for public use and travel.