[Adopted 3-1-1973 as Art.
III of Sub-Part C of Part I of the 1973 Code (L.L. No. 1-1954
adopted 4-2-1954)]
No civil action shall be maintained against the City and the City shall
not be liable for damages or injuries to person or property sustained in any
way or manner in consequence of:
A.
Any street, part or portion of any street, including
the curb thereof and any encumbrance thereon or attachments thereto, tree,
bench, fence, hydrant, bridge, viaduct, underpass, culvert, parkway or park
approach, crosswalk or sidewalk and any encumbrance thereon or attachments
thereto, pedestrian walk or path, approach, ramp, stairway, stairlanding,
garages and accessways thereto and therefrom, or any public place being out
of repair, detective, damaged, unsafe, inadequate, dangerous, unilluminated
or obstructed, or the existence of snow or ice upon any street, highway, bridge,
viaduct, underpass, culvert, sidewalk, crosswalk, pedestrian walk or path,
approach, ramp, stairway, stairlanding, seawall, bulkhead, dock, public parking
area, public parking garage and accessways thereto and therefrom, or any public
place, unless written notice thereof relating to the particular place and
condition was actually given to the City Clerk and there was a failure or
neglect within a reasonable time after the receipt of such notice to repair
or remedy the condition, or to cause such snow or ice to be removed, or to
make the place or thing otherwise reasonably safe; and
B.
Any traffic-control light, signal, device or sign being
out of repair, defective, removed or not operating, not in place, unsafe,
dangerous or obstructed, unless written notice thereof relating to the particular
place and condition was actually given to the City Clerk and there was a failure
or neglect within a reasonable time after the receipt of such notice to repair
or remedy the condition or to cause such snow or ice to be removed, or to
make the place or thing otherwise reasonably safe; and
C.
Any park, playground, play area, recreation area, ball
field, running tract, race course, ice skating facility, swimming or wading
pool, locker room, golf course, ski course or slope, sledding or tobogganing
area, bench, swing, slide, climbing apparatus, diving board or tower, teeter-totter,
or other playground or recreational device, machine or equipment owned by
the City, being out of repair, defective, unsafe, dangerous, damaged, inadequate,
unilluminated or obstructed, unless written notice relating to the particular
place, thing and condition was actually given to the City Clerk and there
was a failure or neglect within a reasonable time after the receipt of such
notice to repair or remedy the condition or to make the place or thing otherwise
reasonably safe; and
D.
Any automobile, truck, fire vehicle, fire apparatus,
rescue vehicle, motorcycle, or other motor vehicle, including all accessories
and equipment attached thereto, motorized equipment, hydraulic equipment,
generator, trailer, mower, hoist, lift, air hammer, construction equipment,
demolition equipment, ladder, tool, barricade, illuminated warning device
or flare, owned by the City, being out of repair, defective, damaged, unsafe,
inadequate dangerous, removed or not operating, not in place or obstructed,
unless written notice relating to the particular item, thing and condition
was actually given to the City Clerk and there was a failure or neglect within
a reasonable time after the receipt of such notice to repair or remedy the
condition or to make the thing, item or place otherwise reasonably safe.
No action shall be brought upon any claim against the City and the City
shall not be liable for damages or injuries to person or property alleged
to have been caused by or founded upon the misfeasance, negligence or tort
of the City, or any of its officers, appointees or employees, unless a written
notice of such claim sworn to by or in behalf of the claimant, setting forth
the particulars of the place, time, injuries then practicable, shall have
been made and served (in compliance with) such notice provisions of §
50-e of the General Municipal Law. Nothing contained in this section shall
be held to repeal or modify or waive any existing requirement or statute or
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 or assumption
of risk, nor to impose upon the City any greater duty or obligation than that
it keep its streets and public places and buildings in reasonably safe condition
for public use and travel. Except as otherwise provided by law, the place
of trial of all actions or proceedings against the City or any of its officers,
appointees, employees, boards, or departments shall be the County of Rensselaer.
