[HISTORY: Adopted by the Town Board of the Town of Hyde Park 5-15-1991
by L.L. No. 2-1991. Amendments noted where applicable.]
No civil action shall be maintained against the Town of Hyde Park or
the Town Superintendent of Highways of the Town of Hyde Park or against any
improvement district in the Town of Hyde Park for damages or injuries to person
or property sustained by reason of any highway, bridge, culvert, water pipe
system, sewer pipe system, storm pipe system or the appurtenances to such
systems, buildings, trees, parking lots and recreational playgrounds, facilities
and equipment owned by the Town of Hyde Park 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, water pipe system,
sewer pipe system, storm pipe system or the appurtenances to such systems,
buildings, trees, parking lots and recreational playgrounds, facilities and
equipment owned by the Town of Hyde Park or any property owned by any improvement
district was actually given to the Town Clerk of the Town of Hyde Park, the
Town Superintendent of Highways of the Town of Hyde Park or, in the case of
recreational playgrounds, facilities and equipment, to the Town Clerk or Recreation
Director of the Town of Hyde Park, and there was a failure or neglect within
a reasonable time after the giving of such written 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,
water pipe system, sewer pipe system, storm pipe system or the appurtenances
to such systems, buildings, trees, parking lots and recreational playgrounds,
facilities and equipment owned by the Town of Hyde Park or any property owned
by any improvement district in the Town of Hyde Park unless written notice
thereof, specifying the particular place, was actually given to the Town Clerk
of the Town of Hyde Park or the Town Superintendent of Highways of the Town
of Hyde Park or, in the case of recreational playgrounds, facilities and equipment,
to the Town Clerk or Recreation Director of the Town of Hyde Park, 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.
The Town Superintendent of Highways of the Town of Hyde Park and the
Town of Hyde Park Recreation Director shall transmit, in writing, to the Town
Clerk of the Town of Hyde Park within 10 days after receipt thereof all written
notices received by them pursuant to this chapter, and they shall take any
and all corrective action with respect thereto.
The Town Clerk of the Town of Hyde Park shall keep an index record,
in a separate book, of all written notices which she shall receive of the
existence of a defective, unsafe, dangerous or obstructive condition in or
upon, or of an accumulation of ice and snow upon, any Town highway, bridge,
culvert or sidewalk, water pipe system, sewer pipe system, storm pipe system
or the appurtenances to such systems, buildings, trees, parking lots and recreational
playgrounds, facilities and equipment owned by the Town of Hyde Park 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. The Town Clerk, upon receipt of such written notice, shall
immediately and in writing notify the Town Superintendent of Highways of the
Town of Hyde Park of the receipt of such notice and shall notify the Town
of Hyde Park Recreation Director of all such notices relating to Town recreational
playgrounds, facilities or equipment.
A.
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 causes of actions except as stated herein but, on the
contrary, 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 of Hyde Park, its officers and employees and/or any of its improvement
districts any greater duty or obligations than that it shall keep its streets,
sidewalks and public places in a reasonably safe condition for public use
and travel.
B.
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.
