[HISTORY: Adopted by the Town Board of the Town of Cochecton 5-9-2007 by L.L. No.
1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 210.
A.
It is the intent of the Town Board, pursuant to the Municipal Home
Rule Law of the State of New York, to supersede such portions of § 65-a
of the Town Law of the State of New York and § 50-e, Subdivision
4, of the General Municipal Law of the State of New York as stated
in this section and fully set forth herein.
B.
It is the intent of the Town Board to supersede that portion of § 65-a
of the Town Law of the State of New York with respect to the manner
of service of notice of defects and obstructions as is more fully
set forth herein.
C.
It is the further intent of the Town Board to supersede that portion
of § 65-a, Subdivision 1, of the Town Law of the State of
New York which permits a civil action upon the showing of constructive
notice by requiring prior written notice as more fully set forth herein.
D.
It is the further intent of the Town Board to require, in addition
to the need for prior written notice of defective, out-of-repair,
unsafe, dangerous or obstructed highways, bridges or culverts in § 65-a,
Subdivision 1, of the Town Law of the State of New York or of a defect
in or snow or ice upon any sidewalk in § 65-a, Subdivision
2, of the Town Law of the State of New York or of defective, unsafe,
dangerous or obstructed conditions of any street, highway, bridge,
culvert, sidewalk or crosswalk in § 50-c, Subdivision 4,
of the General Municipal Law of the State of New York, as a condition
precedent to the maintenance of a civil action for damages or injuries
to person or property, that such prior written notice is additionally
required for any defective or obstructed property of the Town of Cochecton
or any snow or ice condition upon such property as set forth more
fully herein.
E.
It is the further intent of the Town Board to repeal and vacate Local
Law No. 1 of 1975, entitled "A local law establishing procedure for
reporting notices of defective Town highway and sidewalk construction
and maintenance," which shall be replaced by this chapter.
A.
No civil
action shall be maintained against the Town of Cochecton, its officers,
agents or employees for damages or injuries to persons or property
sustained by reason of any highway, bridge or culvert being defective,
out-of-repair, unsafe, dangerous or obstructed, unless written notice
of, by the witness to, such defective, unsafe, dangerous or obstructed
condition of such highway, bridge or culvert was actually served upon
the Town Clerk in accordance herewith, and 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.
Under no circumstances shall the Town be liable for damages caused
to persons or property due to the defective conditions of Town streets
and highways in the absence of such prior written notice to the Town
of the existence of such condition.
B.
No civil
action shall be maintained against the Town for damages or injuries
to persons or property sustained by reason of any defective parking
field, swimming or wading pool, playground or playground equipment,
skating pond or park property, no matter where situated, being defective,
out-of-repair, unsafe, dangerous or obstructed, unless written notice
of, by the witness to, the defective, unsafe, dangerous or obstructed
condition of such parking field, swimming or wading pool, playground
or playground equipment, skating pond or park property was actually
served upon the Town Clerk in accordance herewith, and 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. Under no circumstances shall the Town be liable for injuries or
damages to persons or property due to defective conditions of the
aforesaid Town property in the absence of such prior written notice
to the Town of the existence of the defective condition causing said
injuries or damages.
C.
No civil
action shall be maintained against the Town for injuries or damages
to persons or property sustained by reason of any defect or obstruction
whatsoever in its traffic signs, sidewalks, walkways, footpaths or
bicycle pathways or for injuries or damages to persons or property
sustained by reason of any defect or obstruction in its traffic signs,
sidewalks, walkways, footpaths or bicycle pathways or in consequence
of the existence of snow or ice upon any of its traffic signs, sidewalks,
walkways, footpaths or bicycle pathways, unless said traffic signs,
sidewalks, walkways, footpaths or bicycle pathways, no matter where
situated, have been constructed or are maintained by the Town pursuant
to statute, and written notice of, by the witness to, said defect
or obstruction causing the injuries or damages was actually served
upon the Town Clerk in accordance herewith, nor shall any action be
maintained for injuries or damages to persons or property sustained
by reason of any defect or obstruction or in consequence of the existence
of snow or ice, unless such written notice thereof was actually served
upon the Town Clerk in accordance herewith, and there was a failure
or neglect to cause the particular defect to be remedied or the obstruction
of the 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 Clerk shall keep an indexed record of all notices of
defect, which record shall indicate the time and date of receipt of
the notices. After receipt, the Town Clerk shall forward copies of
these notices to the Town Supervisor and, with respect to highway-related
notices, to the Town Superintendent of Highways. Notices of defect
shall be kept on record for at least five years.
Nothing contained in this chapter shall be held to repeal, modify
or waive any existing requirement or statute of limitations which
is applicable to these causes of action, but, on the contrary, this
chapter shall be held to be an additional requirement to the right
to maintain such action; nor shall anything contained herein be held
to modify any existing rule of law relevant to the question of comparative
negligence, nor to impose upon the Town, its officers and employees
and any of its improvement districts any greater duty or obligation
to keep its streets and sidewalks and other public places fit for
public use and travel than existed prior to the adoption of this chapter.
