No civil action shall be maintained against
the Village of Shortsville, hereafter referred to as the "Village,"
for damages to person or property (including those arising from the
operation of bicycles and snowmobiles) 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, unsafe, dangerous or obstructed
condition of such street, 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/Treasurer of the Village 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, 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/Treasurer of the Village 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.
The Village Clerk/Treasurer of the Village shall
keep an index record, in a separate book, of all written notices which
the Village Clerk/Treasurer shall receive of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon or of any accumulation
of ice and snow upon any Village street, highway, bridge, culvert
or 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/Treasurer, upon receipt of such
written notice, shall immediately and in writing notify the Department
of Public Works Supervisor and Mayor of the Village 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 Village and its officers and employees
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.