[HISTORY: Adopted by the Board of Trustees of the Village
of Fonda 2-14-1984 by L.L. No.
1-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 141.
No civil action shall be maintained against the Village of Fonda
or the Village Superintendent of Highways of the Village or against
an improvement district in the Village for damages or injuries to
person or property, including those arising from the operation of
snowmobiles, sustained by reason of any highway, bridge, culvert,
highway marking sign or device or any other property owned operated
or maintained by the Village 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, highway marking sign or
device or any other property owned operated or maintained by the Village
or any property owned operated or maintained by any improvement district
was actually given to the Village Clerk of the Village or the Village Superintendent
of Highways of the Village, 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 Village or any property
owned by any improvement district in the Village, unless written notice
thereof, specifying the particular place, was actually given to the
Village Clerk of the Village or the Village Superintendent of Highways
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.
No civil action will be maintained against the Village and/or
the Village Superintendent of Highways of the Village for damages
or injuries to person or property sustained by reason of any defect
in the sidewalks of the Village or in consequence of the existence
of snow or ice upon any of its sidewalks, unless such sidewalks have
been constructed or are maintained by the Village or the Superintendent
of Highways of the Village pursuant to statute; nor shall any action
be maintained for damages or injuries to person or property sustained
by reason of such defect or in consequence of which existence of snow
or ice, unless written notice thereof, specifying the particular place,
was actually given to the Village Clerk of the Village or to the Village
Superintendent of Highways of the Village, and there was a failure
or neglect to cause such defect to be remedied or 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 Superintendent of Highways of the Village shall
transmit, in writing, to the Village Clerk of the Village, within
five days after receipt thereof, all written notices received by him
pursuant to this chapter, and he shall take any and all corrective
action with respect hereto as soon as practicable.
The Village Clerk of the Village shall keep an indexed record
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 an accumulation of ice and snow, upon any Village
highway, bridge, culvert or a sidewalk or any other property owned
by the Village or by any improvement district, 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 Village Clerk, upon receipt of such written notice,
shall at the Board meeting next following receipt of such written
notice by him, or within 10 days, whichever is sooner, in writing,
notify the Village Superintendent of Highways of the Village of the
receipt of such notice. 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 limitations,
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 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 reasonable safe condition for public use and
travel.
