[HISTORY: Adopted by the Board of Trustees of the Village
of Russell Gardens 10-14-1985 as L.L. No. 3-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 45.
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 of the village 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 the Village Clerk of the
village, 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 Village Clerk of the village 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 five years from the date it is received,
and upon receipt of any notice, the Village Clerk shall notify the
Mayor forth with.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitations
that are applicable to these causes of action but, on the contrary,
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 that the village shall maintain
its highway, street, crosswalk, bridge, culvert, street marking, sign
or device or any other property owned, operated or maintained by the
village in a reasonably safe condition for public use or travel.
