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LL #08-1977TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.8, YEAR 1977 A LOCAL LAW TO PROV:1DE FOR WRITTEN NOTICE OF DEFECTIVE AND/OR SNOW AND ICE CONDI%ONS OF HIGHWAYS AND SIDEWALKS. BE IT ENACTED by the Town Board of the Town of Wappinger, as Follows: SECTION I. No civil action shall be maintained against the Town or The Town Superintendent of Highways of the Town, or against any im- provement district in the Town for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property owned or maintained by the Town or any property owned or maintained by any improvement district therein, being defective, nut of repair, unsafe, dangerous or obstructed unless prior written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned or main- tained by any improvement district, was actually given to the Town Clerk of the Town or the Town Superintendent of Highways of the Town affording the Town with a reasonable opportunity to correct such defect and that 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 substained solely in con- sequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned or maintained by any improvement district of the Town unless prior written notice thereof specifying the particular place, was actually given to the Town Clerk of the Town or the Town Superintendent of Highways of the Town affording the Town with a reasonable opportunity to correct such defect and that 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. SECTION 2. No civil action shall be maintained against the Town and/or the Town Superintendent of Highways of the Town For damages or injuries to person or property sustained by reason of any defect in the side- walks of the Town 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 or the Superintendent of Highways of the Town 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 and ice unless prior written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town or to the Town Superintendent of Highways of the Town affording the Town with a reasonable opportunity to correct such defect 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 re- ceipt of such notice. SECTION 3. The Town Superintendent of Highways of the Town shall take any and all corrective action with respect thereto as soon as possible and shall transmit, in writing, to the 'Town Clerk of the Town within ten (10) days after receipt thereof, all written notice received by him pursuant to this law. SECTION 4. The Town Clerk of the Town shall keep an index record, in a separate book, of all written notices which he 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 a sidewalk, or any other property owned or maintained by the Town, 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 pre- served 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 o� the receipt of such notice. SECTION 5. Nothing contained in this law shall be held to repeal or modify or waive any existing requirements or statute of limitation which is applicable to these causes of actions, but, on the contrary, shall be held to be additonal requirements to the right to maintain such action; nor shall anything herein contained by held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town, its officers and employees, and/or any of its 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. If any clause, sentence, phrase, paragraph or any part of this 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 law, 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 section would have been adopted had any such provisions not been included. SECTION 6. "Town" shall mean the Town of Wappinger. SECTION 7. This local law shall take effect immediately upon its passage by the Town Board of the Town and its filing with the Secretary of State.