No civil action shall be maintained against
the Town of Stillwater (hereinafter referred to as the "Town") or
the Town Superintendent of Highways of the Town, or against any improvement
district in the Town, 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
Town, 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 Town, or any property owned, operated or maintained
by any improvement district, was actually given to the Town Clerk
of the Town or the Town Superintendent of Highways of the Town, 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 by the Town or any property owned
by any improvement district in the Town unless written notice thereof,
specifying the particular place, was actually given to the Town Clerk
of the Town or the Town Superintendent of Highways of the Town 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
Town and/or the Town Superintendent of Highways of the Town for damages
or injuries to person or property by reason of any defect in the sidewalks
of the Town 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 or the Superintendent of Highways of
the Town 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 or to the Town Superintendent of Highways
of the Town 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
shall transmit, in writing, to the Town Clerk of the Town, within
10 days after receipt thereof, all written notices received by him
pursuant to this chapter, and he shall take any and all corrective
action with respect thereto as soon as practicable.
The Town Clerk of the Town shall keep an index
record, in a separate book, of all written notices which the Town
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 Town, or by any 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 Town Clerk, upon receipt of such written
notice, shall immediately and in writing notify the Town Superintendent
of Highways of the Town of the 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 contributory
negligence, nor to impose upon the Town, 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.