[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.
