[Adopted 7-21-1987 as L.L. No. 19-1987]
A. 
No civil action shall be maintained against the town or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any town designed, constructed and/or maintained highway, alley, sidewalk, crosswalk, curb, bridge, culvert, ditch, highway marking, sign or device, opening, drain, sewer or any other property owned, operated or maintained by the town, real or personal, being defective, out of repair, unsafe, dangerous or obstructed, including, but not limited to, such injuries or damages caused by the existence of snow or ice upon the same unless, within a reasonable time prior to the occurrence of such injuries or damages, written notice specifying the existence and location of the particular condition complained of was actually given to the Town Clerk or 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.
B. 
Conditions precedent. No civil action shall be maintained against the town for damages or injuries to persons or properties sustained by reason of any defective parking field, beach area, swimming or wading pool or pool equipment, playground or playground equipment, skating rink or park property, no matter where situated, being defective unless, within a reasonable time prior to the occurrence of such injuries or damages, written notice specifying the existence and location of the particular condition complained of was actually given to the Town Clerk, 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.
[Added 4-19-1994 by L.L. No. 14-1994]
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk within five days after the receipt thereof all written notices received by him or her pursuant to this article. The Town Clerk shall cause all written notices received by him or her pursuant to this article to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting whichever shall be sooner.
This article shall supersede in its application to the Town of Yorktown § 65-A of the Town Law, § 67 of the Town Law and General Municipal Law § 50-e, Subdivision (4), in requiring an additional notice as a condition precedent to the bringing of a civil suit or liability.