[HISTORY: Adopted by the Town Board of the
Town of Aurora as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-10-1974 by L.L. No. 1-1974]
No civil action shall be maintained against
the Town of Aurora or the Town Superintendent of Highways of the Town
of Aurora or against any improvement district in the Town of Aurora
for damages or injuries to person or property sustained by reason
of any highway, bridge, culvert or any other property owned by the
Town of Aurora or any property owned by any improvement district 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 or any other property owned by the
Town of Aurora or any property owned by any improvement district was
actually given to the Town Clerk of the Town of Aurora or the Town
Superintendent of Highways of the Town of Aurora 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 Town of Aurora or any property owned by any improvement
district in the Town of Aurora unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the
Town of Aurora or the Town Superintendent of Highways of the Town
of Aurora 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 shall be maintained against
the Town of Aurora and/or the Town Superintendent of Highways of the
Town of Aurora for damages or injuries to person or property sustained
by reason of any defect in the sidewalks of the Town of Aurora 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 of Aurora or the Superintendent of Highways of the Town of Aurora
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 or ice unless written
notice thereof, specifying the particular place, was actually given
to the Town Clerk of the Town of Aurora or to the Town Superintendent
of Highways of the Town of Aurora 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 receipt of such notice.
The Town Superintendent of Highways of the Town
of Aurora shall transmit, in writing, to the Town Clerk of the Town
of Aurora, within 10 days after receipt thereof, all written notices
received by him pursuant to this article.
The Town Clerk of the Town of Aurora 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 sidewalk, 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 each
notice shall be preserved for a period of five years after the date
it is received.
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 classes of actions, but,
on the contrary, shall be held to be additional requirements to the
right 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 Town of Aurora and/or
any of its improvement districts any greater duty or obligation than
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
