[HISTORY: Adopted by the Board of Trustees of the Village of Celoron 7-8-1985 by L.L. No. 10-1985 (Ch. 21 of the 1966 Code). Amendments noted where applicable.]
[Amended 12-9-2013 by L.L. No. 4-2013]
No civil action shall be maintained against the Village of Celoron (hereinafter referred to as the "Village") or the Village Superintendent of Highways of the Village (hereinafter referred to as the "Superintendent"), for damages or injuries to person or property (including those arising from the operation of bicycles and snowmobiles) sustained by reason of any highway, crosswalk, bridge, culvert, highway 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 highway, 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 of the Village (hereinafter referred to as the "Clerk"), 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 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 Village unless written notice thereof, specifying the particular place, was actually given to the Clerk 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 a notice.
Editor's Note: Original § 21-2 of the 1966 Code, regarding the Superintendent's duties of notification, which immediately followed this section, was repealed 12-9-2013 by L.L. No. 4-2013.
[Amended 12-9-2013 by L.L. No. 4-2013]
The Clerk shall keep an index record, in a separate book, of all written notices which the Clerk 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 highway, bridge, culvert, or a sidewalk, or any other property owned by the Village, or by an 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 Clerk, upon receipt of such written notice, shall immediately notify in writing the Superintendent of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirements 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 or law relative to the question of contributory negligence, nor to impose the Village, 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 chapter 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 chapter 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 section would have been adopted had any such provisions not been included.