[Adopted 8-1-1994 as L.L. No. 2-1994]
A.
It is the intent of the Town Board pursuant to the Municipal Home Rule Law of the State of New York to supersede such portions of § 65-a of the Town Law of the State of New York and § 50-e, Subdivision 4, of the General Municipal Law of the State of New York as stated in this section and fully set forth in §§ 160-13, 160-14, 160-15 and 160-16 of this article.
B.
It is the intent of the Town Board to supersede that portion of § 65-a of the Town Law of the State of New York with respect to the manner of service of notice of defects and obstructions as is more fully set forth in § 160-16 of this article.
C.
It is the further intent of the Town Board to supersede that portion of § 65-a, Subdivision 1, of the Town Law of the State of New York which permits a civil action upon the showing of constructive notice by requiring prior written notice as more fully set forth in §§ 160-13, 160-14 of this article.
D.
It is the further intent of the Town Board to require, in addition to the need for prior written notice of defective, out-of-repair, unsafe, dangerous or obstructed highways, bridges or culverts in § 65-a, Subdivision 1, of the Town Law of the State of New York or of a defect in or snow or ice upon any sidewalk in § 65-a, Subdivision 2, of the Town Law of the State of New York or of defective, unsafe, dangerous or obstructed conditions of any street, highway, bridge, culvert, sidewalk or crosswalk in § 50-e, Subdivision 4, of the General Municipal Law of the State of New York, as a condition precedent to the maintenance of a civil action for damages or injuries to person or property, that such prior written notice is additionally required for any defective or obstructed property of the Town of Newburgh or any snow or ice condition upon such property as set forth more fully in §§ 160-14, 160-15 and 160-16 of this article.
As used in this article, the following terms
shall have the meanings indicated:
The Town of Newburgh.
The Town Board of the Town of Newburgh.
The Town Clerk of the Town of Newburgh.
The Town Superintendent of Highways of the Town of Newburgh.
No civil action shall be maintained against the town or the Superintendent of Highways for damages or injuries to persons or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of, by the witness to, such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually served upon the Town Clerk or Superintendent of Highways in accordance with § 160-16 hereof 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. Under no circumstances shall the town be liable for damages caused to persons or property due to the defective conditions of town streets and highways in the absence of such prior written notice to the town of the existence of such condition.
No civil action shall be maintained against the town for damages or injuries to persons or property sustained by reason of any parking field, swimming or wading pool or playground or playground equipment, skating pond or park property, no matter where situated, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of, by the witness to, the defective, unsafe, dangerous or obstructed condition of such parking field, swimming or wading pool or playground or playground equipment, skating pond or park property was actually served upon the Town Clerk in accordance with § 160-16 hereof 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. Under no circumstances shall the town be liable for injuries or damages to persons or property due to defective conditions of the aforesaid town property in the absence of such prior written notice to the town of the existence of the defective condition causing said injuries or damages.
No civil action shall be maintained against the town for injuries or damages to persons or property sustained by reason of any defect or obstruction whatsoever in its traffic signs, sidewalks, walkways, footpaths or bicycle pathways or for injuries or damages to persons or property sustained by reason of any defect or obstruction in its traffic signs, sidewalks, walkways, footpaths or bicycle pathways or in consequence of the existence of snow or ice upon any of its traffic signs, sidewalks, walkways, footpaths or bicycle pathways unless said traffic signs, sidewalks, walkways, footpaths or bicycle pathways, no matter where situated, have been constructed or are maintained by the town or the Superintendent of Highways pursuant to statute and written notice of, by the witness to, said defect or obstruction causing the injuries or damages was actually served upon the Town Clerk or Town Superintendent of Highways in accordance with § 160-16 hereof, nor shall any action be maintained for injuries or damages to persons or property sustained by reason of any defect or obstruction or in consequence of the existence of snow or ice unless such written notice thereof was actually served upon the Town Clerk or Town Superintendent of Highways in accordance with § 160-16 hereof and there was a failure or neglect to cause the particular defect to be remedied or the obstruction of the snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
Service of written notice of any defect described
in this article shall be accomplished by personal service or service
by registered or certified mail actually received by the town officer
or officers specified herein. The written notice must be made by the
witness to the condition, defect or obstruction specified in this
article. The written notice must identify, with particularity, the
specific nature and location of each condition, defect or obstruction
complained of.
The Town Superintendent of Highways shall transmit
to the Town Clerk in writing within 10 days after receipt thereof
all written notices received by the Town Superintendent of Highways
pursuant to this article, and the Town Superintendent of Highways
shall take any and all corrective action with respect thereto which
may be necessary as soon as possible.
The Town Clerk shall keep a separate index record
of all written notices which the Town Clerk shall receive pursuant
to the provisions of this article, which record shall state the date
of the receipt of the notice, the nature and location of the conditions
stated to exist and the name and address of the person from whom the
notice was received. The Town Clerk, upon receipt of such written
notice, shall notify the Town Superintendent of Highways immediately
in writing of the receipt of such notice and shall provide the Town
Superintendent of Highways with a copy of the notice.
Nothing contained in this article 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 article shall be held to be an additional requirement
to the right to maintain such action, nor shall anything contained
herein be held to modify any existing rule of law relevant to the
question of comparative negligence or to impose upon the town, its
officers and employees and any of its improvement districts any greater
duty or obligation than to keep its streets and sidewalks and other
public places fit for public use and travel than existed prior to
the adoption of this article.
