[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 5-3-1982 by L.L. No. 1-1982 (Ch. 36A of the 1965
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 362.
No civil action shall be maintained against the Village of Sleepy
Hollow (hereinafter referred to as the "Village") for damages or injuries
to person or property, including those arising from the operation
of bicycles and snowmobiles, sustained by reason of any highway, street,
crosswalk, bridge, culvert, street marking, sign or device or any
other property owned, operated or maintained by the Village being
defective, out of repair, unsafe, dangerous or obstructed, unless
written notice of such defective, unsafe, dangerous or obstructed
condition of such street, bridge, culvert, highway marking, sign or
device or any other property owned, operated or maintained by the
Village was actually given to the Village Clerk of the Village 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, street, bridge,
culvert or any other property owned by the Village, unless written
notice thereof, specifying the particular place, was actually given
to the Village Clerk of the Village 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.
[Amended 1-22-2013 by L.L. No. 1-2013]
The Village Clerk of the Village shall keep an index record,
in a separate book, of all written notices which the Village Clerk
shall receive of the existence of a defective, unsafe, dangerous or
obstructed condition in or upon, or of any accumulation of ice and
snow upon, any Village street, highway, bridge, culvert or sidewalk
or any other property owned by the Village, 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 Village Clerk shall, at the Board meeting next following receipt
of such written notice, or within 10 days, whichever is sooner, cause
said written notice to be brought to the attention of the Board of
Trustees.
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 action but, on the contrary,
this chapter 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 Village, its officers and employees
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.
