[Adopted 10-11-1994 by L.L. No. 14-1994]
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 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 to the Village Clerk and
there was 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 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 forthwith.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations that is applicable to these causes of action, but on the
contrary, the provisions hereof 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 is otherwise presently
imposed on the Village with respect to the maintenance of any highway,
street, crosswalk, bridge, culvert, street marking, sign or device
or any other property owned, operated or maintained by the Village.
