[HISTORY: Adopted by the Village Board of the Village of Harrison:
Art. I. 2-5-86 as L.L. No. 1-1986. Amendments noted where
applicable.]
[Adopted 2-5-86 as L.L. No. 1-1986]
No civil action shall be maintained against the Village of Harrison,
hereinafter called the "village," or the Town Superintendent of Highways of
the village or against any improvement district in the village for damages
or injuries to person or property (including those arising from the operation
of snowmobiles) sustained by reason of any highway, bridge, culvert, highway
marking, sign or device or any other property owned, operated or maintained
by the village or any property owned, operated or maintained by any improvement
district therein 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 or any property owned,
operated or maintained by any improvement district was actually given to the
Village Clerk of the village or the Town Superintendent of Highways of the
village, and there was, thereafter, a failure or neglect within a reasonable
time 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 village
or any property owned by any improvement district in the village, unless writter
notice thereof, specifying the particular place, was actually given to the
Village Clerk of the village or the Town Superintendent of Highways 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.
No civil action will be maintained against the village and/or the Town
Superintendent of Highways of the village for damages or injuries to person
or property sustained by reason of any defect in the sidewalks of the village
or in consequence of the existence of snow or ice upon any of its sidewalks,
unless such sidewalks have been constructed or maintained by the village or
the Town Superintendent of Highways of the village 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 Village Clerk of the village or to the Town Superintendent
of Highways of the village, 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 village shall transmit, in
writing, to the Village Clerk of the village, within 10 days after receipt
thereof, all written notices received by him pursuant to this Article, and
he shall take any and all corrective action with respect thereto as soon as
practicable.
The Village Clerk of the village shall keep an accurate record of all
written notices which the Village Clerk 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 village highway, bridge, culvert or
a sidewalk or any other property owned by the village or by any improvement
district. The Village Clerk, upon receipt of such written notice, shall immediately
and in writing notify the Town Superintendent of Highways of the village of
the receipt of such notice.
Nothing contained in this Article shall be held to repeal or modify
or waive any existing requirement or statute of limitations but, on the contrary,
shall be held to be additional requirements to the rights to maintain such
action. Nothing contained herein shall be held to modify any existing rule
of law relative to the questions of contributory negligence nor to impose
upon the village, its officers and employees and/or any of its improvement
districts any greater duty or obligations than that it shall keep its streets,
sidewalks and public places in a reasonably safe condition for public use
and travel.
