[HISTORY: Adopted by the Town Board of the Town of Sand Lake: Art. I, 3-11-1981 by L.L. No. 1-1981. Amendments noted where applicable.]
[Adopted 3-11-1981 as L.L. No. 1-1981]
No civil action shall be maintained against the Town of Sand Lake 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 street, bridge, culvert, street 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 street, bridge, culvert, street 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 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 street, 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 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.
No civil action will be maintained against the town and/or the Town Superintendent of Highways of the town for damages or injuries to persons or property sustained 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 persons 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 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 shall transmit, in writing, to the Town Clerk within 10 days after receipt thereof all written notices received by him or her pursuant to this law, and he or she shall take any and all corrective action with respect thereto as soon as practicable.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Town Clerk shall keep an indexed 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 snow or ice upon any town highway, bridge, culvert or sidewalk; which record shall state the date of the receipt of the notice, the nature and the location of the condition stated to exist and the name and address from whom the notice is received. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received. The Town Clerk, upon receipt of such written notices, shall immediately, and in writing, notify the Commissioner of Public Works.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing contained in this law 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 question of contributory negligence, nor to impose upon the town, its officers and employees and/or any of its improvement districts any greater duties or obligations than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.