[HISTORY: Adopted by the Town Board of the Town of Pawling 6-11-1991
as L.L. No. 2-1991. Amendments noted where applicable.]
[Amended 4-11-1995 by L.L. No. 2-1995]
No civil action shall be maintained against the Town of Pawling, the
Town Board of the Town of Pawling, any individual Trustee of the Town of Pawling,
any officer, employee or agent of the Town of Pawling or the Town Superintendent
of Highways of the Town of Pawling or against any improvement district in
the Town of Pawling for damages or injuries to person or property sustained
by reason of any street, highway, bridge or culvert owned by the Town of Pawling
or any property owned by any improvement district therein being defective,
out of repair, unsafe, dangerous or obstructed, unless actual prior written
notice of such defective, unsafe, dangerous or obstructed condition of such
street, highway, bridge or culvert or any property owned by any improvement
district was actually given to the Town Clerk of the Town of Pawling or the
Superintendent of Highways of the Town of Pawling 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 street, highway,
bridge, or culvert or any other property owned by an improvement district
in the Town of Pawling, unless actual written prior notice thereof, specifying
the particular place, was actually given to the Town Clerk of the Town of
Pawling or the Town Superintendent of Highways of the Town of Pawling 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
receipt of such notice.
[Amended 4-11-1995 by L.L. No. 2-1995]
No civil action shall be maintained against the Town of Pawling, the
Town Board of the Town of Pawling, any individual Trustee of the Town of Pawling,
any officer, employee or agent of the Town of Pawling or the Town Superintendent
of Highways of the Town of Pawling for damages or injuries to person or property
sustained by reason of any defect in the sidewalks or crosswalks of the Town
of Pawling or in consequence of the existence of snow or ice upon any of its
sidewalks or crosswalks, unless such sidewalks or crosswalks have been constructed
or are maintained by the Town of Pawling or the Town Superintendent of Highways
of the Town of Pawling 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 or ice, unless actual prior
written notice thereof, specifying the particular place, was actually given
to the Town Superintendent of Highways of the Town of Pawling 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 of the Town of Pawling shall transmit,
in writing, to the Town Clerk of the Town of Pawling, within 10 days after
receipt thereof, all written notices received by the Town Superintendent of
Highways pursuant to this chapter, and he shall take any and all corrective
action with respect thereto as soon as possible.
The Town Clerk of the Town of Pawling shall keep an index record, in a separate book, of all written notices which the Town Clerk 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 sidewalk or any other property described in § 139-1 owned by the Town of Pawling or by any improvement district in the Town of Pawling, 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 Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the Town of Pawling of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal, 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 Town of
Pawling, its Trustees, officers, agents and employees and any of its improvement
districts any greater duty or obligations than that it shall keep its streets
and sidewalks fit for public use and travel.
