[HISTORY: Adopted by the Board of Trustees 5-3-2004 by L.L. No. 1-2004.
Amendments noted where applicable.]
No civil action shall be maintained against the Village for damages
or injuries to person or to property, including those arising from the operation
of any mechanical or transportation device or equipment, sustained by reason
of any highway, street, crosswalk, bridge, culvert, street marking, sign or
device or any other property owned, operated or maintained by the Village
being defective, out of repair, unsafe, dangerous or obstructed, unless written
notice of such defective, out-of-repair, unsafe, dangerous or obstructed condition
of such highway, street, crosswalk, bridge, culvert, street marking, sign
or device or any other property owned, operated or maintained by the Village
was actually given to the Village Clerk 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. No such action shall be maintained
for damages or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any highway, street, bridge, culvert
or any other property owned by the Village unless written notice thereof specifying
the particular place was actually given to the Village Clerk and there was
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 Village Clerk shall keep an index record, in a separate book, of
all written notices that the Village Clerk shall receive of the existence
of a defective, out-of-repair, unsafe, dangerous or obstructed condition in
or upon any highway, street, crosswalk, bridge, culvert, street marking, sign
or device or any other property owned, operated or maintained by the Village
or of any accumulation of snow or ice thereon, 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
5 years from the date it is received, and upon receipt of any notice, the
Village Clerk shall notify the Mayor forthwith.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of limitations that is applicable
to these causes of action, but, on the contrary, the provisions hereof shall
be held to be additional requirements to the right to maintain any such action.
Nothing herein contained shall be held to modify any existing rule of law
relative to the question of contributory negligence or to impose upon the
Village its officers and employees any greater duty or obligation than is
otherwise presently imposed on the Village with respect to the maintenance
of any highway, street, crosswalk, bridge, culvert, street marking, sign or
device or any other property owned, operated or maintained by the Village.