Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Union Vale, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (12) Index
[HISTORY: Adopted by the Town Board of the Town of Union Vale 4-7-1994 by L.L. No. 3-1994 (Ch. 66 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Town-owned property — See Ch. 174..
No civil action shall be maintained against the Town of Union Vale for damages or injuries to persons or property caused by a defective, out-of-repair, unsafe, dangerous or obstructed condition of any parking area, ball field, swimming or wading pool or associated pool equipment, skating rink, riding ring or trail, park property, highway garages, transfer station, land dedicated to the Town for Highway Department or recreational use or cemeteries or monuments owned or maintained by the Town, no matter where situated, unless:
A. 
A witness to such condition has actually served written notice upon the Town Clerk in accordance with § 169-2 hereof; and
B. 
The Town has failed or neglected to repair or remove the condition within a reasonable time after receiving such notice.
Under no circumstances shall the Town of Union Vale be liable for injuries or damages to persons or property due to the defective condition of the Town property in the absence of such prior written notice to the Town of the existence of the condition that caused the injury or damages.
This article is intended to be in derogation of the provisions of General Municipal Law § 50-e, Subdivision 4, which limits the types of property for which prior notice to the Town is required in order to maintain an action against the Town for personal injury or for damage to property of the claimant that is due to the condition of such Town property. The following properties are added to those under § 50-e, Subdivision 4: parking areas, ball fields, swimming or wading pools and associated pool equipment, skating rinks, riding rings or trails, park properties, highway garages, transfer stations, land dedicated to the Town for Highway Department or recreation use and cemeteries and monuments owned or maintained by the Town, no matter where situated.