[Adopted 2-21-1995 by L.L. No. 1-1995]
No civil action shall be maintained against
the Village of Newark (hereinafter referred to as "the village") or
the Village Clerk of the village or against any 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 street, highway, bridge or culvert or unless written notice
of such defective, unsafe, dangerous or obstructed condition of such
street, highway, bridge or culvert was actually given to the Village
Clerk of the village 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 street, highway, bridge or culvert unless written notice thereof,
specifying the particular place, was actually given to 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.
No civil action will be maintained against the
village and/or the Village Clerk of the village for damages or injuries
to person or property sustained by reason of any defect in the sidewalks
or crosswalks 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 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 Village Clerk of the
village 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.
The Village Clerk of the village shall transmit,
in writing, to the Village Highway Department within five days after
receipt thereof, all written notices received by him or her pursuant
to this article, and he or she shall take any and all corrective action
with respect thereto as soon as practicable.
The Village Clerk of the village shall keep
an index record, in a separate book, or 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 town highway, bridge, culvert or a sidewalk,
or 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 Village Highway
Department of the receipt of such notice.
Nothing contained in this article 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 comparative
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 reasonably safe condition for public use and travel.
