[HISTORY: Adopted by the Town Board of the Town of Saugerties 12-14-1970 by L.L. No.
7-1970, as amended by L.L. No. 2-1984 (Ch. 7 of the 1975 Municipal
Code). Subsequent amendments noted where applicable.]
No civil action shall be maintained against the Town of Saugerties
or the Town Superintendent of Highways of the Town of Saugerties or
against any improvement district in the Town of Saugerties
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 Saugerties 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 Saugerties or any property owned by any improvement
district was actually given to the Town Clerk of the Town of Saugerties
or the Town Superintendent of Highways of the Town of Saugerties,
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 Saugerties or any
property owned by any improvement district in the Town of Saugerties,
unless written notice thereof, specifying the particular place, was
actually given to the Town Clerk of the Town of Saugerties or the
Town Superintendent of Highways of the Town of Saugerties 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 Saugerties
and/or the Town Superintendent of Highways of the Town of Saugerties
for damages or injuries to person or property sustained by reason
of any defect in the sidewalks of the Town of Saugerties 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 Saugerties or the Superintendent of Highways of the Town of Saugerties
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 Saugerties or to the Town Superintendent
of Highways of the Town of Saugerties 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 Saugerties
shall transmit, in writing, to the Town Clerk of the Town of Saugerties,
within 10 days after receipt thereof, all written notices received
by him or her pursuant to this chapter.
The Town Clerk of the Town of Saugerties shall keep an indexed
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 any 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.
There shall be no substitute for written notice as set forth
in this chapter. Constructive notice is hereby expressly declared
to be insufficient notice.
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 Saugerties and/or any of
its improvement districts any greater duty or obligation than to keep
its streets, sidewalks and public places in a reasonably safe condition
for public use and travel.
