[Amended 12-9-2013 by L.L. No. 4-2013]
No civil action shall be maintained against the Village of Celoron
(hereinafter referred to as the "Village") or the Village Superintendent
of Highways of the Village (hereinafter referred to as the "Superintendent"),
for damages or injuries to person or property (including those arising
from the operation of bicycles and snowmobiles) sustained by reason
of any highway, crosswalk, bridge, culvert, highway 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, 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, was actually given to the Village Clerk
of the Village (hereinafter referred to as the "Clerk"), and that
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 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 unless written notice thereof, specifying the
particular place, was actually given to the Clerk 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 a notice.
[Amended 12-9-2013 by L.L. No. 4-2013]
The Clerk shall keep an index record, in a separate book, of
all written notices which the Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon,
or of any accumulation of ice and snow upon any Village highway, bridge,
culvert, or a sidewalk, or any other property owned by the Village,
or by an 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 Clerk,
upon receipt of such written notice, shall immediately notify in writing
the Superintendent of the receipt of such notice.