No civil action shall be maintained against
the Town of Harrison, hereinafter called the "Town," or the Town Superintendent
of Highways of the Town 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 the Town or any 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 of the Town or the Town
Superintendent of Highways of the Town, and there was, thereafter,
a failure or neglect within a reasonable time 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 of the Town or the Town Superintendent of
Highways of the Town, 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 of the Town 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 maintained by the Town or the Town 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 of the Town or to the Town Superintendent
of Highways of the Town, 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 Town Superintendent of Highways of the Town
shall transmit, in writing, to the Town Clerk of the Town, within
10 days after receipt thereof, all written notices received by him
pursuant to this article, and he shall take any and all corrective
action with respect thereto as soon as practicable.
The Town Clerk of the Town shall keep an accurate
record 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. The Town Clerk, upon receipt of such
written notice, shall immediately and in writing notify the Town Superintendent
of Highways of the Town 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 but, on the contrary, shall be held to be additional requirements
to the rights to maintain such action. Nothing contained herein shall
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.