No civil action shall be maintained against the Village of Penn Yan
for damages or injuries to person or property sustained by reason of any road,
highway, bridge or culvert or any road, highway, bridge or culvert marking,
sign or device being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed condition
was actually given to the Clerk of the Village of Penn Yan 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 or, in
the absence of such notice, unless such defective, unsafe, dangerous or obstructed
condition existed for so long a period that the same should have been discovered
and remedied in the exercise of reasonable care and diligence; but 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 road, highway,
bridge or culvert unless written notice thereof, specifying the particular
place, was actually given to the Clerk of the Village of Penn Yan 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 Clerk of the Village of Penn Yan shall keep an index record in a
separate book of all written notices which said Clerk shall receive pursuant
to this chapter of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon or of an accumulation of ice or snow upon any Village
road, highway, bridge or culvert or any road, highway, bridge or culvert marking,
sign or device, which record shall state the date of 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 each
notice shall be preserved for a period of five years after the date it is
received.
