[Adopted 11-28-1977 by L.L. No. 8-1977]
As used in this article, the following words
shall have the meanings indicated:
The Town of Wappinger.
[Amended 9-13-1999 by L.L. No. 6-1999]
No civil action shall be maintained against
the Town or the Town Superintendent of Highways of the Town or against
any improvement district in the Town for damages or injuries to person
or property sustained by reason of any highway, bridge or culvert
being defective, out of repair, unsafe, dangerous or obstructed, unless
prior written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, bridge or culvert was actually given to
the Town Clerk of the Town or the Town Superintendent of Highways
of the town, affording the Town with a reasonable opportunity to correct
such defect, 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; 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
or culvert unless prior written notice thereof specifying the particular
place was actually given to the Town Clerk of the Town or the Town
Superintendent of Highways of the Town affording the Town with a reasonable
opportunity to correct such defect, 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 and/or the Town Superintendent of Highways of the Town for
damages or injuries to person or property sustained by reason of any
defect in the sidewalks of the Town 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 or the Superintendent
of Highways of the Town 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
and ice unless prior written notice thereof, specifying the particular
place, was actually given to the Town Clerk of the Town or to the
Town Superintendent of Highways of the Town affording the Town with
a reasonable opportunity to correct such defect 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.
[Added 9-11-1978 by L.L. No. 4-1978]
The notice required by this article shall be
in writing and shall state with particularity the nature of the defect
and the location of the defect. The location of the defect shall be
described by street and, if street numbers exist, the street number
of the nearest residence or building to said defect and, if no street
numbers exist, by reference to the name of the nearest owner of real
property. If the name of the property owner is unknown, the defect
shall be identified as the location by stating the distance and direction
of the defect from the nearest intersecting road. Descriptions by
reference to the name of the road only will not be acceptable notice
of the location of a defect. Said notice shall also contain the name
of the person giving the defect together with the address and telephone
number where the person giving the notice can be reached during the
day.
The Town Superintendent of Highways of the Town
shall take any and all corrective action with respect thereto as soon
as possible and shall transmit, in writing, to the Town Clerk of the
town, within 10 days after receipt thereof, all written notices received
by him pursuant to this article.
[Amended 9-13-1999 by L.L. No. 6-1999]
The Town Clerk of the Town 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. 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 the receipt of such notice.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirements or statute
of limitation which is applicable to these causes 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, its officers
and employees, and/or any of its 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.
