[HISTORY: Adopted by the Town Board of the Town of Fishkill 4-3-1967 by L.L. No.
2-1967. Amendments noted where applicable.]
A.
No civil action shall be maintained against the Town of Fishkill
or the Town Superintendent of Highways of the Town of Fishkill, or
against any improvement district in the Town of Fishkill, 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 Fishkill
or any property owned by any improvement district therein 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
Fishkill or any property owned by any improvement district was actually
given to the Town Clerk of the Town of Fishkill or the Town Superintendent
of Highways of the Town of Fishkill 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.
B.
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 Fishkill or any property owned by any improvement district
in the Town of Fishkill unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the
Town of Fishkill or the Town Superintendent of Highways of the Town
of Fishkill 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 Fishkill
and/or the Town Superintendent of Highways of the Town of Fishkill
for damages or injuries to person or property sustained by reason
of any defect in the sidewalks of the Town of Fishkill 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 Fishkill
or the Superintendent of Highways of the Town of Fishkill 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 Fishkill or to the Town Superintendent of Highways of the
Town of Fishkill 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 Fishkill
shall transmit in writing to the Town Clerk of the Town of Fishkill,
within 10 days after receipt thereof, all written notices received
by him pursuant to this chapter, and he shall take any and all corrective
action with respect thereto as soon as possible.
The Town Clerk of the Town of Fishkill 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 a sidewalk or any other property owned by the Town
of Fishkill or by any improvement district, 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. The record of such notice shall
be preserved for a period of five years from the date it is received.
The Town Clerk, upon receipt of such written notice, shall immediately
and in writing notify the Town Superintendent of Highways of the Town
of Fishkill of the receipt of such 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 causes of actions, but, on the contrary,
the provisions hereof 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 Fishkill,
its officers and employees and/or any of its improvement districts
any greater duty or obligations than that it shall keep its streets,
sidewalks and public places in a reasonably safe condition for public
use and travel.
