[Adopted 4-9-1986 by L.L. No. 4-1986]
No civil action shall be maintained against
the Town of Lloyd or the Town Superintendent of Highways of the Town
of Lloyd or against any improvement district in the Town of Lloyd
for damages or injuries to person or property sustained by reason
of any highway, bridge, culvert or any other property owned by the
Town of Lloyd or any property owned 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 or any other property owned
by the Town of Lloyd or any property owned by any improvement district
was actually given to the Town Clerk of the Town of Lloyd or the Town
Superintendent of Highways of the Town of Lloyd 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,
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 Town of Lloyd or any property owned by any improvement
district in the Town of Lloyd, unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the
Town of Lloyd or to the Town Superintendent of Highways of the Town
of Lloyd 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 shall be maintained against
the Town of Lloyd and/or the Town Superintendent of Highways of the
Town of Lloyd for damages or injuries to person or property sustained
by reason of any defect in the sidewalks of the Town of Lloyd 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
Town of Lloyd or the Superintendent of Highways of the Town of Lloyd
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 Town Clerk of the Town of Lloyd or to the Town Superintendent
of Highways of the Town of Lloyd 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 Town
of Lloyd shall transmit, in writing, to the Town Clerk of the Town
of Lloyd, 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 possible.
The Town Clerk of the Town of Lloyd shall keep
an index record, in a separate book, of all written notices which
he or she 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 Town of Lloyd or by any improvement district,
which record shall state the date of 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 Town Clerk, upon receipt of such written notice,
shall, immediately and in writing, notify the Town Superintendent
of Highways of the Town of Lloyd 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 which is applicable to these clauses of actions but, on
the contrary, shall be held to be additional requirements to the right
to maintain such action; nor shall anything herein contained be held
to modify any existing rule of law relative to the question or contributory
negligence nor to impose upon the Town of Lloyd, 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.
If any clause, sentence, phrase, paragraph or
any part of this article shall for any reason be adjudged finally
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this article
but shall be confined in its operation and effect to the clause, sentence,
phrase, paragraph or part thereof directly involved in the controversy
or action in which such judgment shall have been rendered. It is hereby
declared to be the legislative intent that the remainder of this article
would have been adopted had any such provisions not been included.
