[Adopted 12-5-1977 by L.L. No. 4-1977]
[Amended 1-21-1985 by L.L. No. 3-1985]
No civil action shall be maintained against the Town of Pine
Plains or the Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge,
culvert or any other property owned or maintained by the Town or any
property owned or maintained by the Town of Pine Plains 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, culvert or any other property owned or maintained
by the Town of Pine Plains was actually given to the Town Clerk of
the Town or the Town Superintendent of Highways of the Town affording
the Town a reasonable opportunity to correct such defect and that
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, culvert
or any other property owned or maintained by the Town of Pine Plains
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 a reasonable opportunity
to correct such defect and that 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 1-21-1985 by L.L. No. 3-1985]
No civil action shall be maintained against the Town of Pine
Plains or any improvement district, special district or agency thereof
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 of Pine Plains or any improvement district,
special district or agency thereof 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 Pine Plains or any
improvement district, special district or agency thereof 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 of
Pine Plains or any improvement district, special district or agency
thereof 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.
The Town Superintendent of Highways 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 notice received by him pursuant to this article.
The Town Clerk of the Town shall keep an indexed 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 or maintained
by the Town, 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. All such written notices shall be
indexed according to the location of the alleged defective, unsafe,
dangerous or obstructed condition, or the location of accumulated
snow or ice. 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 limitations
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.
As used in this article, the following terms shall have the
meanings indicated:
The Town of Pine Plains.
