[HISTORY: Adopted by the North Hempstead Town Board 8-14-1984 as
L.L. No. 7, 1984 (this local law was originally adopted as Ch. 26A but was
renumbered in order to maintain the alphabetical sequence of the Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Notice of highway defects — See Ch. 26.
A.
No civil action shall be maintained against the Town
of North Hempstead for damages or injuries to person or property sustained
in consequence of any defective parking field, beach area, swimming or wading
pool or pool equipment, playground or playground equipment, skating rink,
park property or trees within the Town of North Hempstead, no matter where
situated, being defective, out-of-repair, unsafe, dangerous or obstructed,
unless written notice of the defective, unsafe, dangerous or obstructed condition
of the defective parking field, beach area, swimming or wading pool or pool
equipment, playground or playground equipment, skating rink, park property
or trees within the Town of North Hempstead was actually given to the Town
Clerk and there was a failure or neglect within a reasonable time after the
receipt of such notice to repair or remove the defect, danger or obstruction
complained of. Under no circumstances shall the Town of North Hempstead be
liable for injuries or damages to person or property due to defective conditions
of the aforesaid town property in the absence of prior written notice to the
town of the existence of the defective condition causing said injuries or
damages.
B.
In requiring prior written notice of the allegedly defective, unsafe, dangerous or obstructed condition complained of, as set forth in this section, the town intends to and does exercise its authority under Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), to supersede the application of Town Law § 67 to the town, insofar as Town Law § 67 incorporates and applies to towns the restriction contained in General Municipal Law § 50-e, Subdivision 4, against a municipality requiring any notice, other than a notice of claim, as a condition precedent to liability for the types of conditions covered by this section.
[Added 7-20-1993 by L.L.
No. 7, 1993]
