Village of New Paltz, NY
Ulster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 93 of the 1978 Code of the Village of New Paltz. Amendments noted where applicable.]
No civil action shall be maintained against the Village of New Paltz, or the Superintendent of Public Works of the Village of New Paltz, or any of the officers, agents or employees of the Village of New Paltz, for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, or any other property owned by the Village of New Paltz, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed conditions of such highway, bridge, culvert, or any other property owned by the Village of New Paltz was actually given to the Village Clerk of the Village of New Paltz or Superintendent of Public Works of the Village of New Paltz 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 consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by the Village of New Paltz, unless written notice thereof, specifying the particular place, was actually given to the Village Clerk of the Village of New Paltz or the Superintendent of Public Works of the Village of New Paltz 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.
No civil action shall be maintained against the Village of New Paltz or the Superintendent of Public Works of the Village of New Paltz for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Village of New Paltz or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Village of New Paltz or the Superintendent of Public Works of the Village of New Paltz pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Village Clerk of the Village of New Paltz or to the Superintendent of Public Works of the Village of New Paltz, and there was a failure or neglect to cause such defect 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.
The Village Superintendent of Public Works of the Village of New Paltz shall transmit, in writing, to the Village Clerk of the Village of New Paltz, within five days after receipt thereof, all written notices received by him pursuant to this chapter.
The Village Clerk of the Village of New Paltz shall keep an indexed record in a separate book of all written notices which he or she shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of any accumulation of ice and snow upon any Village highway, bridge, culvert or sidewalk, 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 each notice shall be preserved for a period of five years after the date it is received.
There shall be no substitute for written notice as set forth in this chapter. Constructive notice is hereby expressly declared to be insufficient 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 classes of actions but, on the contrary, shall be held to be additional requirements to the right to maintain such action, nor shall anything herein contained to be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Village of New Paltz any greater duty or obligation than to keep its streets, sidewalks 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 in its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this chapter would have been adopted had any such provisions not been included.