Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hyde Park 5-15-1991 by L.L. No. 2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Snow and ice removal — See Ch. 90.
Street openings — See Ch. 95.
Road specifications — See Ch. A111.
No civil action shall be maintained against the Town of Hyde Park or the Town Superintendent of Highways of the Town of Hyde Park or against any improvement district in the Town of Hyde Park for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, water pipe system, sewer pipe system, storm pipe system or the appurtenances to such systems, buildings, trees, parking lots and recreational playgrounds, facilities and equipment owned by the Town of Hyde Park or any property owned by any improvement district therein being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, water pipe system, sewer pipe system, storm pipe system or the appurtenances to such systems, buildings, trees, parking lots and recreational playgrounds, facilities and equipment owned by the Town of Hyde Park or any property owned by any improvement district was actually given to the Town Clerk of the Town of Hyde Park, the Town Superintendent of Highways of the Town of Hyde Park or, in the case of recreational playgrounds, facilities and equipment, to the Town Clerk or Recreation Director of the Town of Hyde Park, and there was a failure or neglect within a reasonable time after the giving of such written 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, water pipe system, sewer pipe system, storm pipe system or the appurtenances to such systems, buildings, trees, parking lots and recreational playgrounds, facilities and equipment owned by the Town of Hyde Park or any property owned by any improvement district in the Town of Hyde Park unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Hyde Park or the Town Superintendent of Highways of the Town of Hyde Park or, in the case of recreational playgrounds, facilities and equipment, to the Town Clerk or Recreation Director of the Town of Hyde Park, 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 the receipt of such notice.
The Town Superintendent of Highways of the Town of Hyde Park and the Town of Hyde Park Recreation Director shall transmit, in writing, to the Town Clerk of the Town of Hyde Park within 10 days after receipt thereof all written notices received by them pursuant to this chapter, and they shall take any and all corrective action with respect thereto.
The Town Clerk of the Town of Hyde Park shall keep an index record, in a separate book, of all written notices which she shall receive of the existence of a defective, unsafe, dangerous or obstructive condition in or upon, or of an accumulation of ice and snow upon, any Town highway, bridge, culvert or sidewalk, water pipe system, sewer pipe system, storm pipe system or the appurtenances to such systems, buildings, trees, parking lots and recreational playgrounds, facilities and equipment owned by the Town of Hyde Park 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 Hyde Park of the receipt of such notice and shall notify the Town of Hyde Park Recreation Director of all such notices relating to Town recreational playgrounds, facilities or equipment.
A. 
Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions except as stated herein but, on the contrary, 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 Hyde Park, its officers and employees and/or any of its improvement districts any greater duty or obligations than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.
B. 
If any clause, sentence, phrase, paragraph or any part of this chapter shall for any reason be adjudged finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this chapter would have been adopted had any such provisions not been included.