No civil action shall be maintained against the Town of LaFayette
("Town") or the Town Superintendent of Highways, or against any improvement
district in the Town 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 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 Town, or any property owned, operated or maintained
by any improvement district, was actually given to the Town Clerk
or the Town Superintendent of Highways, and 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 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 or the Town Superintendent
of Highways 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 Town and/or the
Town Superintendent of Highways for damages or injuries to person
or property sustained by reason of any defect in the sidewalks of
the Town 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 Town or the Superintendent of Highways of the Town
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 such existence of snow or ice unless written
notice thereof, specifying the particular place, was actually given
to the Town Clerk or the Town Superintendent of Highways and there
was a failure or neglect to cause such defect to be remedied, 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.
[Amended 12-8-2020 by L.L. No. 2-2020]
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk, within 10 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 thereto as soon as practicable.
The Town Clerk shall keep an index 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 and snow upon any Town highway, bridge,
culvert or a sidewalk, or any other property owned by the Town, or
by any 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 Town Clerk,
upon receipt of such written notice, shall immediately and in writing
notify the Town Superintendent of Highways 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,
this chapter 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 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.