Village of Freeport, NY Chapter 27 Liability of Village [1]

[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 5-9-1983 by L.L. No. 9-1983. Amendments noted where applicable.]

GENERAL REFERENCES

Removal of snow and ice from sidewalks — See Ch. 180, Art. V.

[1] Editor's Note: Previous legislation regarding the liability of the Incorporated Village of Freeport, designated as Ch. 32, Liability of Village, was adopted 1-24-1983 by L.L. No. 3-1983 and repealed 5-9-1983 by L.L. No. 8-1983.

§ 27-1 Prior written notice.

[Added 5-16-1994 by L.L. No. 4-1994[1]]

Pursuant to the provisions of the Municipal Home Rule Law of the State of New York, which provide that a village may supersede the provisions of a general law [Municipal Home Rule Law § 10, Subdivision 1(ii)e(3)] in accordance with Municipal Home Rule Law § 22, this section has been adopted to change and supersede General Municipal Law § 50-e, Subdivision 4, (added L. 1945, c. 694, § 1, effective September 1, 1945; amended L. 1950, c. 481, § 1, effective September 1, 1950; amended L. 1976, c. 745, § 2, effective September 1, 1976), so that prior written notice to the Village has been and continues to be required in instances as set forth below in §§ 27-2 and 27-3. The requirement of prior written notice in each of the instances described in said sections of the Village Code has been deemed to be in the best interest of the Incorporated Village of Freeport. It is clearly the intent of the Mayor and Board of Trustees of the Incorporated Village of Freeport that this section have a retroactive application.

[1] Editor's Note: This local law also provided for the renumbering of former §§ 27-1, 27-2 and 27-3 as § 27-2, 27-3 and 27-4.

§ 27-2 Damage or injuries due to defects in recreation areas.

No civil action shall be maintained against the Incorporated Village of Freeport for damages or injuries to person or property sustained by reason of any defective beach area, swimming or wading pool or pool equipment, playground or playground equipment, skating rink, recreation center or recreation equipment, parks or park property, no matter where situated, being defective, out of repair, unsafe, dangerous or obstructed or in consequence of the existence of snow or ice on or about any beach area, swimming or wading pool or pool equipment, playground or playground equipment, skating rink, recreation center or recreation equipment, parks or park property, unless prior written notice of the defective, unsafe, dangerous or obstructed condition of the defective beach area, swimming or wading pool or pool equipment, playground or playground equipment, skating rink, recreation center or recreation equipment, parks or park property was actually served upon the Village Clerk and there was a failure or neglect within a reasonable time after due notice to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the Incorporated Village of Freeport be liable for injuries or damages to person or property due to defective conditions of the aforesaid Village property in the absence of prior written notice to the Village Clerk of the existence of the defective condition causing the said injuries or damages.

§ 27-3 Damage or injuries due to defects in other public areas.

No civil action shall be maintained against the Incorporated Village of Freeport for injuries or damages to person or property sustained by reason of any defect whatsoever in its traffic signs, streets, parking fields, sidewalks, walkways, footpaths or bicycle pathways or in consequence of the existence of snow or ice upon any of its traffic signs, streets, parking fields, sidewalks, walkways, footpaths or bicycle pathways, unless said traffic signs, streets, parking fields, sidewalks, walkways, footpaths or bicycle pathways, no matter where situated, have been constructed or are maintained by the village, pursuant to statute, and prior written notice of said defect causing the injuries or damages was actually given to the Village Clerk in accordance with § 27-4 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 prior written notice hereof, specifying the particular place, location and condition, was actually given to 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 prior written notice.

§ 27-4 Method of service of due notice.

Such due notice shall only be effective if in writing to the Village Clerk. Service of due notice of any defect described in this chapter shall be accomplished by personal service or by service by registered or certified mail.