[Adopted 9-21-1992 by L.L. No. 4-1992]
[Amended 11-7-2007 by L.L. No. 4-2007]
A.
No civil action may be maintained against the Village
of Round Lake and the Village of Round Lake shall have no civil liability
for damages or injuries to person or property sustained by reason
of the following being defective, out of repair, unsafe, unmaintained,
dangerous or obstructed: any highway, street, road, lane, alley, sidewalk,
parking lot, tennis court, basketball court, boat launch, ice skating
area, park, memorial, bicycle path, picnic site, ball field, playground
(including equipment), public building or facility, recreational area
or any other area maintained by the Village of Round Lake, whether
any of the foregoing is parkland or nonparkland, and whether any of
the foregoing is paved, partially paved, or unpaved, unless:
(1)
Prior written notice of such defective, out-of-repair,
unsafe, unmaintained, dangerous or obstructed condition has been received
by the Village Clerk or Village Highway Superintendent, which notice
shall specify with particularity the specific location at which the
condition exists and the specific nature of the condition; and
(2)
There was a failure or neglect within a reasonable
time after the giving of such notice to repair or remove the defective,
out-of-repair, unsafe, unmaintained, dangerous or obstructed condition.
B.
No civil action may be maintained against the Village
of Round Lake and the Village of Round Lake shall have no civil liability
for damages or injuries to person or property sustained by reason
of the existence of snow or ice upon any highway, street, road, lane,
alley, sidewalk, parking lot, tennis court, basketball court, boat
launch, ice skating area, park, memorial, bicycle path, picnic site,
ball field, playground (including equipment), public building or facility,
recreational area or any other area maintained by the Village of Round
Lake, whether any of the foregoing is parkland or nonparkland, and
whether any of the foregoing is paved, partially paved, or unpaved,
unless:
(1)
Prior written notice thereof has been received by
the Village Clerk or Village Highway Superintendent, which notice
shall with particularity specify the specific location at which the
condition exists and the specific nature of the condition; and
(2)
There was a failure or neglect within a reasonable
time after the giving of such notice to ameliorate the condition.
The Village Highway Superintendent shall transmit, in writing to the Village Clerk within 10 days after the receipt thereof, all written notices received by said Clerk pursuant to § 154-1 of this article.
The Village Clerk shall keep an indexed record,
in a separate book, of all written notices which said Clerk shall
receive pursuant to this article of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon or of an accumulation
of ice or snow upon any highway, bridge or culvert, 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. The record of each notice shall
be preserved for a period of five years after the date it is received.
