[1]
Editor's Note: Former Secs. 1.6 and 1.8 of this article were
omitted by L.L. No. 2-1986.
Section 244 of Article 16, Chapter 55, Laws of 1909, as amended,
entitled "An Act in Relation to Cities of the Second Class, Constituting
Chapter 53 of the Consolidated Laws," is hereby superseded and amended
in its application to the City of Schenectady to read as follows:
"No civil action shall be maintained against the City of Schenectady
for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk, crosswalk or park
property, no matter where situated, being defective, out of repair,
unsafe, dangerous or obstructed, in consequence of the existence of
ice or snow thereon or out of repair, defective, dangerous, unsafe
or obstructed in any other way or manner or by reason of any encumbrance
thereon or attachment thereto being out of repair, defective, unsafe,
dangerous or obstructed or where any such encumbrance or attachment
by reason of its defective, unsafe or dangerous condition creates
an unsafe or dangerous condition on any street, highway, bridge, culvert,
sidewalk, crosswalk including any street, highway, bridge, culvert,
sidewalk, crosswalk located in any City park unless it is made to
appear that written notice thereof specifying the particular time
and place and condition of such street, highway, bridge, culvert,
sidewalk, crosswalk including any street, highway, bridge, culvert,
sidewalk, crosswalk located in any City park was actually given to
the Office of the Commissioner of Public Works to repair or remove
such defect prior to such damage or injury occurring and it appearing
that there was a failure or neglect on the part of the City of Schenectady
to repair or remove such defect, danger, condition or obstruction
within a reasonable time after the receipt of such written notice."
The City shall not be liable in a civil action for damages or injuries
to person or property or the invasion of personal or property rights
of any name or nature whatsoever, whether casual or continuing, arising
at law or in equity alleged to have been caused or sustained in whole
or in part by or because of any omission of duty, wrongful act, fault
or neglect, misfeasance or negligence on the part of the City or any
of its agents, officers or employees, unless a written claim therefor
shall, within 90 days after the happening of the accident or injury
or the occurrence of the act, omission, fault or neglect out of which
or on account of which the claim arose, and notice of intention to
commence an action thereon, be served upon the Corporation Counsel.
All claims against the City shall be made in writing and shall state
the time when, the particular place where and the circumstances under
which the damages or injuries were sustained and the cause thereof;
it shall also state so far as practicable the nature and extent of
the damages or injuries; it shall also state the place of residence
of the claimant, by street and number, and, if there be no street
and number, it shall contain such statement as will disclose the place
of residence. It shall also state, so far as then practicable, the
name and residence of each and every witness to the occurrence, and
such claim shall be verified by the oath of the claimant. The City
shall not be liable in a civil action for damages or injuries to person
or property or invasion of personal or property rights of any name
or nature whatsoever, whether casual or continuing, arising at law
or in equity alleged to have been caused or sustained in whole or
in part by or because of any omission of duty, wrongful act, fault,
neglect, misfeasance or negligence on the part of the City or any
of its agents, officers or employees, unless an action shall be commenced
thereon within one year and 90 days after the happening of such accident
or injury or the occurrence of such act, omission, fault or neglect,
but no action shall be commenced to recover upon or enforce any such
claim against the City until the expiration of three months after
the service of said notice upon the Corporation Counsel. It shall
be the duty of the Corporation Counsel to cause all claims for damages
or injuries to person or property to be thoroughly examined and investigated,
and to that end, he may take proof, examine witnesses and require
the claimant, with the privileges of counsel, to appear before and
be sworn by the City Judge or the City Clerk and answer orally, under
oath, any question relative to or that the Corporation Counsel may
ask and which may assist him in ascertaining the City's liability
or the extent thereof, and the Corporation Counsel shall advise the
proper City Board or Committee of the City Council in respect thereof.
The claimant may designate another time for said examination if he
shall be physically unable to appear, which designation shall be in
writing and shall be served upon the Corporation Counsel. Such examination
shall be held, however, within 45 days after the presentation of such
claim, but the time thereof may be further extended by the parties.
No action, however, shall be commenced on any claim where such examination
has been required until the same is held, but notwithstanding this
requirement, such action must be commenced within one year and 90
days of the happening of the event. It shall be the duty of every
member of the police force of the City, observing and having any knowledge
of an accident from which a cause of action might arise against the
City, to forthwith report the fact of such accident in writing to
the Corporation Counsel, and upon the request of the Corporation Counsel,
the Chief of Police shall detail some member of the force to aid the
Corporation Counsel in his investigation of claims against the City
for injuries to person and property. Nothing herein contained, however,
shall be held to revive any claim or cause of action now barred by
an existing requirement or statute of limitations nor to waive any
existing limitation now applicable to any claim or cause of action
against the City but, on the contrary, shall be held to be an additional
requirement. (L.L. No. 1-1935, § 1; L.L. No. 6-1936, § 1;
L.L. No. 2-1986; Ord. No. 93-14, § 1; L.L. No. 2-1994, § 1;
L.L. No. 3-1995, § 1)
A.
The Director of Finance shall cause each verified and approved claim
presented to him for audit to be stamped with the date of presentation
and entered in a register under name of the claimant, which index
shall be so arranged as to show date of presentation of the claim,
departmental number, amount claimed, date of payment and the number
of the warrant or check upon or by which payment was made.
B.
That portion of § 64, Article VI, of Chapter 55 of the Laws of 1909, known as the "Second Class Cities Law," reading: "The Director of Finance shall cause each such claim, upon presentation to him for audit, to be numbered consecutively, and the number, date of presentation, name of claimant and brief statement of character of each claim shall be entered in a book kept for such purpose, which shall at all times during office hours be so placed as to be convenient for public inspection and examination," is hereby superseded in its application to the City of Schenectady. (L.L. No. 4-1925, §§ 1, 2; L.L. No. 2-1986)
Section 191 of Chapter 55 of the Laws of 1909, entitled "An
act in relation to cities of the second class, constituting Chapter
53 of the Consolidated Laws," as amended by Local Law No. 1 of 1927,
is hereby amended to read as follows: "§ 191. Pay of jurors.
Jurors in the Police Court shall receive the same compensation as
jurors in Justice's Court held by Justices of the Peace, except that
a person notified to attend as a juror in the Police Court or before
the Police Justice in the City of Schenectady shall receive $5 for
attending and serving upon the trial of an action or the hearing of
a special proceeding and $2 for attending to serve when he is not
sworn." (L.L. No. 1-1927, § 1; L.L. No. 3 of 1962, § 1)
A.
Section 42 of the Second Class Cities Law is hereby superseded. Penalties
for violations of ordinances of the City of Schenectady are to be
imposed as provided by ordinance.
B.
Notwithstanding Subsection A above, the City of Schenectady may maintain an action's or proceeding in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, an ordinance of the City even if the ordinance provides a penalty for such violation. (Adopted 2-26-1979 as L.L. No. 1-1979, §§ 1, 2)
