[HISTORY: Adopted by the Board of Trustees of the Village of Caledonia:
Art. I, 10-6-1981 by L.L. No. 2-1981 as
Ch. 87, Art. I, of the 1981 Code; Art. II, 10-6-1981 by L.L.
No. 2-1981 as Ch. 16, Art. I, of the 1981 Code. Amendments noted
where applicable.]
[Adopted 10-6-1981 by L.L. No. 2-1981
as Ch. 87, Art. I, of the 1981 Code]
No person shall in any way obstruct, encumber or occupy or consent to
or aid in the obstruction, encumbrance or occupation of any street, lane,
alley, sidewalk or part thereof in the Village of Caledonia except as may
be necessary for the erection or repair of any building or the loading or
unloading of vehicles and the carrying away and storage of the contents, provided
that a passageway for the accommodation of pedestrians is kept clear at all
times.
A property owner in a business area shall be permitted to temporarily
place items for sale on the sidewalk in front of his premises by obtaining
a permit for such activity from the Village Clerk. Such permit shall specify
the date and time when and the location where such sale is to be conducted.
Any person committing an offense against any provision of this Article
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. The continuation of an offense against the provisions of this
Article shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
[Adopted 10-6-1981 by L.L. No. 2-1981
as Ch. 16, Art. I, of the 1981 Code]
No civil action shall be maintained against the Village of Caledonia
(hereinafter referred to as the "village") or the Superintendent of Public
Works of the village or the person performing such duties or against any improvement
district in the village for damages or injuries to persons or property (including
those arising from the operation of snowmobiles) sustained by reason of any
highway, bridge, culvert, highway marking, sign or device or any other property
owned, operated or maintained by the village or any property owned, operated
or maintained 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,
highway marking, sign or device or any other property owned, operated or maintained
by the village or any property owned, operated or maintained by any improvement
district was actually given to the Village Clerk of the village or the Superintendent
of Public Works of the village or the person performing such duties, 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 village
or any property owned by any improvement district in the village unless written
notice thereof, specifying the particular place, was actually given to the
Village Clerk of the village or the Superintendent of Public Works of the
village or the person performing such duties 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.
No civil action will be maintained against the village and/or the Superintendent
of Public Works of the village or the person performing such duties for damages
or injuries to persons or property sustained by reason of any defect in the
sidewalks of the village 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 village or the Superintendent of Public Works of the village
or the person performing such duties pursuant to statute, nor shall any action
be maintained 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 Village Clerk of the village or to the Superintendent
of Public Works of the village or the person performing such duties 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 receipt of such notice.
The Superintendent of Public Works of the village or the person performing
such duties shall transmit, in writing, to the Village Clerk of the village,
within three days after receipt thereof, all written notices received by him
pursuant to this Article, and he shall take any and all corrective action
with respect thereto as soon as practicable.
The Village Clerk of the village shall keep an index record, in a separate
book, of all written notices which the Village Clerk 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 village highway, bridge,
culvert or a sidewalk or any other property owned by the village 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 Village Clerk, upon receipt of such written notice, shall
immediately and in writing notify the Superintendent of Public Works of the
village or the person performing such duties of the receipt of such notice.
Nothing contained in this Article shall be held to repeal or modify
or waive any existing requirement or statute of limitations which is applicable
to these causes of action, but on the contrary, the provisions of this Article
shall be held to be additional requirements to the rights 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 village, 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.
