[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.
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.
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.
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.
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.
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.
