[HISTORY: Adopted by the Board of Trustees of the Village of the Branch 1-14-1993 by L.L. No. 1-1993 (Ch. 35 of the 1973 Code). Amendments noted where applicable.]
No civil action shall be maintained against the Village of the Branch, hereinafter referred to as the "Village," for damages to person or property 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 and received by the Village Clerk of the Village and there was a failure or neglect, within a reasonable time after the giving of and receiving of such notice, to repair or remove the defect, danger or obstruction complained of. 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 and received by the Village Clerk 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 of the Village shall keep an index record, in a separate book, of all written notices which the Village 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 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, upon receipt of such written notice, shall immediately and in writing notify the Deputy Mayor 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.
If any clause, sentence, phrase, paragraph or any part of this chapter for any reason shall 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 chapter would have been adopted had any such provisions not been included.