[HISTORY: Adopted by the Town Board of the Town of Greenburgh 11-26-1991 by L.L. No. 34-1991. Amendments noted where applicable.]
The Town Board has enacted this chapter pursuant to the provisions of the New York State Constitution and the Municipal Home Rule Law of the State of New York in order to protect and safeguard residents and the general public from defective and dangerous conditions which may exist within the Town and to limit the liability of the Town for injuries or damage caused by defective or dangerous conditions of which the Town had no knowledge or prior written notice. This chapter shall supersede Town Law § 65-a, Subdivisions 1 and 3.
No civil action shall be maintained against the Town, the Commissioner of the Department of Public Works, the Superintendent of Highways, the Commissioner of the Department of Parks and Recreation, the Commissioner of the Fairview Greenburgh Community Center or any Town employee for damages or injuries to person(s) or property sustained by reason of any defective, dangerous, out-of-repair, unsafe condition or obstructive condition, including injuries sustained solely in consequence of the existence of snow or ice, existing on any of the following: highway, route, culvert, bridge or street; or parking field or lot, swimming or wading pool or pool equipment and decks, playground or playground equipment, tennis, basketball, handball, volleyball or platform tennis courts, baseball, football or soccer fields, ice or roller-skating rinks or areas or certain other Town property, no matter where situated; or traffic signs, sidewalks, walkways or foot or bicycle paths, no matter where situated; unless written notice of such condition was actually served upon the Town Clerk and there was a failure or neglect of the Town to remove or correct said condition within a reasonable time after the notice was served. Under no circumstances shall the Town be liable for damages caused to person(s) or property due to a defective, dangerous, out-of-repair, unsafe condition or obstructive condition, including injuries sustained solely in consequence of the existence of snow or ice, in the absence of prior written notice to the Town of the existence of such condition causing said injuries or damage.
Service of a written notice of any defect described in this chapter shall be accomplished by personal service or service by registered or certified mail actually received by the Town Clerk. The written notice must be made by the witness to the condition described in this chapter. The written notice must identify, with particularity, the specific nature and location of each condition complained of.
Pursuant to § 65-a, Subdivision 2, of the Town Law, the Town Clerk shall present all notices received by her to the Town Board within five days of receipt thereof or at the next succeeding Town Board meeting, whichever is sooner.