§ 9. Liability—Public property.

(a)

For purposes of this section, "public property" means all streets, avenues, roads, public thoroughfares, highways, lanes, alleys, sidewalks, curbs, gutters, bridges, bulkheads, wharves, piers, docks, or other public rights of way owned, leased, maintained, established, constructed, improved, or repaired by the City of Annapolis.

(b)

The City of Annapolis, and in their capacity as such, the officers, employees and agents of the city shall not be liable in tort nor for damages of any kind for personal injury or property damage arising from or occasioned, in part or in whole by: (i) the condition of any public property; (ii) any defect in any public property; (iii) acts or omissions by the city, or in their capacity as such, the officers, employees or agents of the city, in the construction, maintenance or repair of any public property; or (iv) the accumulation of ice, snow, standing water or debris on any public property unless:

(1) Not sooner than three (3) days prior to the date of the occurrence resulting in the personal injury or property damage, the mayor or the director of public works shall have received written notice of the specific condition, defect, act or omission, or accumulation alleged to have caused or contributed to the occurrence, injury or damage; and

(2) After receipt of such written notice, the mayor and the director of public works shall have failed to act with reasonable diligence to correct the condition, defect, act or omission, or accumulation described in the written notice. For purposes of this subparagraph, reasonable diligence shall include but shall not be limited to a request by the mayor or the director of public works to any city officer, employee or agent, to inspect and if necessary to correct the condition, defect, act or omission, or accumulation described in the written notice; and

(3) In addition to such other notice as may be required by federal, state or local law, the person injured or incurring property damage, or someone on their behalf, shall have given the city attorney written notice of such injury or damage within thirty (30) days after the occurrence resulting in the injury or damage stating in such notice:

(A) A factual description of the occurrence;

(B) The date, time and location of the occurrence;

(C) The names and addresses of all witnesses to the occurrence;

(D) A complete description of all injuries and damage suffered as a result thereof.

(c)

In no such event shall the City of Annapolis, and in their capacity as such, the officers, employees and agents of the city be liable in damages for such personal injuries or property damage beyond the limits imposed by federal, state and local law including but not limited to the limits imposed by Maryland Courts and Judicial Proceedings Article, Title 5, Subtitles 3 and 4, or their successors.

(d)

The requirements of this section are in addition to all other procedures, conditions, limitations, requirements, and restrictions existing under federal, state and local law.

(e)

This section shall not be construed to limit or to waive any common law or statutory defense or immunity in existence as of November 1, 1994.

(Added by Res. CA-2-84 § 1)