[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park by L.L.
No. 3-1989. Amendments noted where applicable.]
No civil action shall be maintained against
the Village of Island Park or any officer or employee thereof for
damages or injuries to person or property sustained by reason of any
highway, bridge or culvert being defective, out of repair, unsafe,
dangerous or obstructed or for damages or injuries to person or property
sustained solely in consequence of the existence of snow or ice upon
any sidewalk, crosswalk, street, highway, bridge or culvert unless
written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, bridge or culvert or of the existence of
the snow or ice 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. Under no circumstances shall the Village of Island
Park or any officer or employee thereof be liable for damages due
to the defective conditions of Village streets and highways in the
absence of prior written notice to the Village of the existence of
such conditions.
No civil action shall be maintained against
the Village of Island Park or any officer or employee thereof for
damages or injuries to person or property sustained by reason of any
defective parking field, beach area, swimming or wading pool or pool
equipment, playground or playground equipment or park property, no
matter where situated, being defective, out of repair, unsafe, dangerous
or obstructed unless written notice of such defective, out of repair,
unsafe, dangerous or obstructed condition of the defective parking
field, beach area, swimming or wading pool or pool equipment, playground
or playground equipment or park property was actually served upon
the Village Clerk and there was a failure or neglect within a reasonable
time after the giving of due notice to repair or remove the defect,
danger or obstruction complained of. Under no circumstances shall
the Village of Island Park or any officer or employee thereof be liable
for injuries or damages to person or property due to defective conditions
of the aforesaid Village property in the absence of prior written
notice to the Village of the existence of the defective condition
causing the injuries or damages.
No civil action shall be maintained against
the Village of Island Park or any officer or employee thereof for
injuries or damages to person or property sustained by reason of any
defect whatsoever in its traffic signs and signals, sidewalks, walkways,
footpaths or bicycle pathways or for injuries or damages to person
or property sustained by reason of any defect in its traffic signs
or signals, sidewalks, walkways, footpaths or bicycle pathways unless
written notice of said defect was actually given to the Village Clerk,
nor shall any action be maintained for injuries or damages to person
or property sustained by reason of any defect or in consequence of
the existence of snow or ice unless written notice thereof, specifying
the particular place, location and condition, was actually given to
the Village Clerk and there was a failure or neglect to cause the
particular defect to be remedied or the snow or ice to be removed
or to make the place otherwise reasonably safe within a reasonable
time after the receipt of due notice.
Service of due notice of any defect described
in this chapter shall be accomplished by personal service or service
by registered or certified mail.
