[Adopted 11-6-1986 by L.L. No. 8-1986]
A.Â
No civil action shall be maintained against the Town
of New Paltz or the Town Superintendent of Highways of the Town of
New Paltz or against any improvement district in the Town 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
Town of New Paltz 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 or any other property owned
by the Town of New Paltz or any property owned by any improvement
district was actually given to the Town Clerk of the Town of New Paltz
or the Town Superintendent of Highways of the Town of New Paltz 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
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 Town of New Paltz or any property
owned by any improvement district in the Town of New Paltz unless
written notice thereof, specifying the particular place, was actually
given to the Town Clerk of the Town of New Paltz or to the Town Superintendent
of Highways of the Town 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.
B.Â
No civil action shall be maintained against the Town
of New Paltz and/or the Town Superintendent of Highways of the Town
of New Paltz for damages or injuries to person or property sustained
by reason of any defect in the sidewalks of the Town 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 Town of New Paltz or the Superintendent of Highways of the
Town 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 Town Clerk of the Town of New Paltz or to the
Town Superintendent of Highways of the Town 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 Town Superintendent of Highways of the Town
of New Paltz shall transmit, in writing, to the Town Clerk of the
Town of New Paltz, within 10 days after receipt thereof, all written
notices received by him pursuant to this article, and he shall take
any and all corrective action with respect thereto as soon as possible.
The Town Clerk of the Town of New Paltz shall
keep an index 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 an accumulation of ice and
snow upon any Town highway, bridge, culvert or sidewalk or any other
property owned by the Town of New Paltz or by any improvement district,
which record shall state the date of 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 New Paltz of the receipt of such notice.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these causes of action 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 New Paltz, 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.
