[Adopted 9-9-1985 by L.L. No. 3-1985]
No civil action shall be maintained against
the Village of Liberty (hereinafter referred to as 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 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 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 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, operated or maintained by the Village unless written notice
thereof, specifying the particular place, was actually given to 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 piece otherwise
reasonably safe within a reasonable time after the receipt of such
notice.
No civil action shall be maintained against
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 are maintained by 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 and there was a failure or neglect
to cause such defect to be remedied or 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 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 Town highway, bridge, culvert or a sidewalk
or any other property owned by the Village, 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 Village Clerk, upon receipt of such written notice, shall immediately
and in writing notify the Village Manager of the Village of receipt
of such notice.
Nothing contained in this chapter shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these causes of action but, on
the contrary, shall be held to be additional requirements to the rights
to maintain such action; nor shall anything herein contained be held
to modify any existing rule of law relative to the question of comparative
or 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.
