[Adopted 5-17-1983 by L.L. No. 5-1983]
[Amended 9-7-1993 by L.L. No. 7-1993; 5-21-2013 by L.L. No.
5-2013]
A. It is the intent of the Mayor and Board of Trustees of the Incorporated Village of Hempstead to confirm that since the adoption of this article it has been and continues to be the intention of said Board pursuant to the provisions of the Municipal Home Rule Law of the State of New York to adopt the provisions of § 6-628 of the Village Law of the State of New York and § 50-e, Subdivision 4, of the General Municipal Law of the State of New York so that prior written notice to the Village shall be required in such instances as are set forth hereinafter in §
39-1B. The requirement of written notice described in said section of the Village Code is deemed to be in the best interests of the Village of Hempstead.
B. Damages or injuries due to defective street, highway, bridge, culvert, crosswalk, sidewalk, traffic sign, parking field, walkway, footpath or bicycle pathway; notice to Village required. No civil action shall be maintained against the Incorporated Village of Hempstead for injuries or damages to person or property sustained by reason of any defect whatsoever in its streets, highways, bridges, culverts, crosswalks, sidewalks, traffic signs, parking fields, walkways, footpaths or bicycle pathways or for injuries or damages to person or property sustained by reason of any defect in its streets, highways, bridges, culverts, crosswalks, sidewalks, traffic signs, parking fields, walkways, footpaths or bicycle pathways or in consequence of the existence of snow or ice upon any of its streets, highways, bridges, culverts, crosswalks, sidewalks, traffic signs, parking fields, walkways, footpaths or bicycle pathways, unless said streets, highways, bridges, culverts, crosswalks, sidewalks, traffic signs, parking fields, walkways, footpaths or bicycle pathways, no matter where situated, have been constructed or maintained by the Village, pursuant to statute, and written notice of said defect causing the injuries or damages was actually given to the Village Clerk in accordance with §
39-1B hereof, nor shall any action be maintained for injuries or damages to person or property sustained by reason of any defect or in consequence of the existence of snow or ice unless written notice thereof, specifying the particular place, location and condition, was actually served upon the Board of Trustees by such as is hereinafter described upon the Village Clerk and there was a failure or neglect to cause the particular defect to be remedied or the snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of due notice.
Service of due notice of any defect described
in this article shall be accomplished by personal service or of service
by registered or certified mail upon the Village Clerk.
Nothing herein contained, however, shall be
held to revive any claim or cause of action now barred by any existing
requirement or statute of limitations nor to waive any existing limitation
now applicable to any claim or cause of action against the Village
of Hempstead.
[Adopted 5-6-1980 by L.L. No. 5-1980]
The purpose of this article is to provide legal
and financial protection for those individuals serving the Village
of Hempstead from claims which may be brought against them in their
individual capacity for actions taken while in the performance of
their official duties and responsibilities. In enacting this article,
the Board of Trustees finds that the State of New York has enacted
similar provisions for the legal and financial security of its officers
and employees and further finds that such security is also required
for local personnel. By enactment of this article, the Board of Trustees
does not intend to limit or otherwise abrogate any existing right
or responsibility of the Village or its employees with regard to indemnification
or legal defense. It is solely the intent of this article to provide
similar coverage for local employees as is presently provided for
state employees so as to continue to attract qualified individuals
to local government service.
As used in this article, unless the context
otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Village of Hempstead, whether or
not compensated, or a volunteer expressly authorized to participate
in a municipally sponsored volunteer program, but not including an
independent contractor. The term "employee" shall include a former
employee, his estate or judicially appointed personal representative.
The benefits of this article shall inure only
to employees as defined herein and shall not enlarge or diminish the
rights of any other party, nor shall any provision of this article
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
The provisions of this article shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insurer under any policy of insurance.
The provisions of this article shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
Except as otherwise specifically provided in
this article, the provisions of this article shall not be construed
in any way to impair, alter, limit, modify, abrogate or restrict any
immunity available to or conferred upon any unit, entity, officer
or employee of the Village, or any right to defense and/or indemnification
provided for any governmental officer or employee by, in accordance
with or by reason of any other provision of state or federal statutory
or common law.