Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fallsburg as Ch. 107 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 257.

§ 201-1 Written notice required for injuries on highways and Town property.

No civil action shall be maintained against the Town of Fallsburg or the Town Superintendent of Highways of the Town of Fallsburg, or against any improvement district in the Town of Fallsburg, 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 Fallsburg, or any property owned by any improvement district, 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 Fallsburg, or any property owned by any improvement district, was actually given to the Town Clerk of the Town of Fallsburg or the Town Superintendent of Highways of the Town of Fallsburg, 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 Town of Fallsburg, or any property owned by any improvement district in the Town of Fallsburg, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Fallsburg or the Town Superintendent of Highways of the Town of Fallsburg 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.

§ 201-2 Written notice required for injuries on Town sidewalks.

No civil action shall be maintained against the Town of Fallsburg and/or the Town Superintendent of Highways of the Town of Fallsburg for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of Fallsburg 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 Fallsburg or the Superintendent of Highways of the Town of Fallsburg 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 Fallsburg or to the Town Superintendent of Highways of the Town of Fallsburg, 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.

§ 201-3 Duties of Town Superintendent of Highways pertaining to notices.

The Town Superintendent of Highways of the Town of Fallsburg shall transmit, in writing, to the Town Clerk of the Town of Fallsburg, within 10 days after receipt thereof, all written notices received by him pursuant to this chapter.

§ 201-4 Duties of Town Clerk pertaining to notices. [1]

The Town Clerk of the Town of Fallsburg shall keep an index record, in a separate book, of all written notices which he 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, 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. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition, or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 201-5 Repeal of existing requirements not intended.

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 be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town of Fallsburg and/or any of its improvement districts any greater duty or obligation than it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.