[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.[1]
[1]
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followed this section, was repealed 12-9-2013 by L.L. No. 4-2013.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.
A.
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.
B.
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.
