[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.
