[HISTORY: Adopted by the Town Board of the Town of Washington 3-11-1976 by L.L. No. 1-1976. Amendments noted where applicable.]
No civil action shall be maintained against the Town of Washington, or the Town Superintendent of Highways of the Town of Washington, or against any improvement district in the Town of Washington, for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, or any other property, either real or personal, of any type or description, owned by the Town of Washington, or any property owned 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 highways, bridge, culvert or any other property owned by the Town of Washington, or any property owned by any improvement district, was actually given to the Town Clerk of the Town of Washington, or the Town Superintendent of Highways of the Town of Washington, 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 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 of Washington, or any property owned by the improvement district in the Town of Washington, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Washington or the Town Superintendent of Highways of the Town of Washington 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 shall be maintained against the Town of Washington and/or the Town Superintendent of Highways of the Town of Washington for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of Washington 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 of Washington or the Superintendent of Highways of the Town of Washington 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 of the Town of Washington or to the Town Superintendent of Highways of the Town of Washington and there was a failure or neglect to 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.
The Town Superintendent of Highways of the Town of Washington shall transmit, in writing, to the Town Clerk of the Town of Washington, 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 possible.
The Town Clerk of the Town of Washington shall keep an index record, in a separate book, of all written notices which she 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 described in § 107-1 owned by the Town of Washington, 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 Town of Washington of the receipt of such notice.
A. 
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, rather, this chapter is intended to prescribe additional requirements as conditions precedent to the right 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 of Washington, its officers and employees, and any of its improvement districts any greater duty or obligation than it may already have to keep its streets and sidewalks fit 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 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.
This chapter shall take effect immediately upon its passage by the Town Board of the Town of Washington and its filing with the Secretary of State.