[Adopted 9-12-1989 by L.L. No. 2-1989]
No civil action shall be maintained against the Town of North Salem or the Town Superintendent of Highways of the Town of North Salem or against any improvement district in the Town of North Salem for damages or injuries to persons or property sustained by reason of any highway, bridge, culvert or any other property, either real or personal, of any type or description, owned by the Town of North Salem or any property owned by any improvement district therein being defective, out-of-repair, unsafe, dangerous or obstructed, unless proper written notice as specified herein of such defective, out-of-repair, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned by the Town of North Salem or any property owned by any improvement district was actually given to the Town Clerk of the Town of North Salem or the Town Superintendent of Highways of the Town of North Salem 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 highway, bridge, culvert or any other property owned by the Town of North Salem or any property owned by the improvement district in the Town of North Salem, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of North Salem or the Town Superintendent of Highways of the Town of North Salem 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.
No civil action shall be maintained against the Town of North Salem and/or the Town Superintendent of Highways of the Town of North Salem for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of North Salem 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 North Salem or the Superintendent of Highways of the Town of North Salem pursuant to statute; nor shall any action be maintained for damages or injuries to persons or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of North Salem or to the Superintendent of Highways of the Town of North Salem 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 North Salem shall transmit, in writing, to the Town Clerk of the Town of North Salem, within two days after receipt thereof, all written notices received by him pursuant to this Part 3, and he shall take any and all corrective action with respect thereto as soon as possible.
The Town Clerk of the Town of North Salem shall keep an index record in a separate book of all written notices which shall be received 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 described in § 195-28 owned by the Town of North Salem 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. 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 North Salem of the receipt of such notice.
Nothing contained in this Part 3 shall be held to repeal, modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions, but, on the contrary, this Part 3 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 North Salem, its officers and employees and any of its improvement districts any greater duty or obligations that it shall keep its streets and sidewalks fit for public use and travel.