(745 ILCS 10/3-105) (from Ch. 85, par. 3-105)
Sec. 3-105.
(a) Neither a local public entity nor a public employee is liable
for an injury caused by the effect of weather conditions as such on the
use of streets, highways, alleys,
sidewalks or other public ways, or places, or the ways adjoining any of the
foregoing, or the signals, signs, markings, traffic or pedestrian control
devices, equipment or structures on or near any of the foregoing or the
ways adjoining any of the foregoing.
For the purpose of this section, the effect of weather conditions
as such includes but is not limited to the effect of wind, rain,
flood, hail, ice or snow but does not include
physical damage to or deterioration of streets, highways, alleys,
sidewalks, or other public ways or place or the ways
adjoining any of the foregoing, or the signals, signs, markings, traffic or
pedestrian control devices, equipment or structures on or near any of the
foregoing or the ways adjoining any of the foregoing resulting from weather
conditions.
(b) Without implied limitation, neither a local public entity nor a
public employee is liable for any injury caused by the failure of a local
public entity or a public employee to upgrade any existing
street, highway, alley, sidewalk or other public way or place, or the ways
adjoining any of the foregoing, or the signals, signs, markings, traffic or
pedestrian control devices, equipment or structures on or near such street,
highway, alley, sidewalk or other public way or place, or the ways
adjoining any of the foregoing from the standards, if any, which existed at
the time of the original dedication to, or acquisition of, the right of way
of such street, highway, alley, sidewalk or other public way or place, or
the ways adjoining any of the foregoing, by the first local public entity
to acquire the property or right of way, to standards which are or may be
applicable or are imposed by any government or other person or organization
between the time of such dedication and the time of such injury.
(c) Nothing in this Section shall relieve the local public entity of the
duty to exercise ordinary care in the maintenance of its property as set
forth in Section 3-102.
(Source: P.A. 84-1431.)
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