No civil action shall be maintained against
the Village for damages or injuries to person or to property, including
those arising from the operation of any mechanical or transportation
device or equipment, sustained by reason of any 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, out-of-repair, unsafe, dangerous or obstructed condition
of such street, crosswalk, bridge, culvert, street marking, sign or
device or any other property owned, operated or maintained by the
Village was actually given to the Village Clerk 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.
No such action shall be maintained for damages or injuries to person
or property sustained solely in consequence of the existence of snow
or ice upon any street, bridge, culvert or any other property owned
by the Village, unless written notice thereof, specifying the particular
place, was actually given to the Village Clerk and there was 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 shall keep an index record,
in a separate book, of all written notices that the Village Clerk
shall receive of the existence of a defective, out-of-repair, unsafe,
dangerous or obstructed condition in or upon any street crosswalk,
bridge, culvert, street marking, sign or device or any other property
owned, operated or maintained by the Village or of any accumulation
of snow or ice thereon, 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, and, upon receipt of any
notice, the Village Clerk shall notify the Mayor forthwith.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations that is applicable to these causes of action, but, on
the contrary, the provisions hereof shall be held to be additional
requirements to the right to maintain any such action. Nothing herein
contained shall be held to modify any existing rule of law relative
to the question of contributory negligence or to impose upon the Village,
its officers and employees any greater duty or obligation than is
otherwise presently imposed on the Village with respect to the maintenance
of any street, crosswalk, bridge, culvert, street marking, sign or
device or any other property owned, operated or maintained by the
Village.