[HISTORY: Adopted by the Town Board of the Town of Webb 5-14-1991 by L.L. No.
3-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 407.
No civil action shall be maintained against the Town of Webb,
its officers or employees for damages or injuries to person or property,
including those arising from the operation of snowmobiles, sustained
by reason of any highway, bridge, culvert, trails, walks, sidewalks,
snowmobile trails, highway marking, sign or device, or any other property
owned, operated or maintained by the Town or 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, trails, walks, sidewalks,
snowmobile trails, 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 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 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.
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 notice 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 indexed 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 or snow upon, any
Town highway, bridge, culvert or sidewalk, 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. 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.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitation
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
duty or obligations than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and
travel.
