[Adopted 2-11-1986 as L.L. No. 1-1986]
No action or special proceeding shall be prosecuted
or maintained against the Town of Galway for personal injury or damage
to real or personal property alleged to have been sustained by reason
of any highway, street, bridge, culvert, sidewalk or any other town
property being defective, out of repair, unsafe, dangerous or obstructed
or in consequence of the existence of ice or snow thereon unless written
notice, in duplicate, of such defective, out of repair, unsafe, dangerous,
or obstructed condition or the existence of ice or snow was actually
given to the Galway Town 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 or to cause
the ice or snow to be removed or the place otherwise made reasonably
safe.
The Town of Galway Clerk shall transmit, in
writing, to the Town Highway Supervisor, within 24 hours after receipt
thereof, the duplicate copy of said notice received by him pursuant
to this Article.
The Galway Town Clerk shall keep an index record
in a separate book of all written notices which (s)he shall receive
of the existence of a defective, out of repair, unsafe, dangerous
or obstructed condition or of such ice and snow, 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 said notice is received.
Nothing herein contained shall be construed
to relieve a claimant of the obligation to serve a notice of claim
as provided in § 50-e of the General Municipal Law. Further,
nothing contained in this Article shall be held to repeal or modify
or waive any existing requirement or statute of limitations which
is applicable to these classes of actions, but on the contrary, shall
be held to be additional requirements of the right to maintain such
action.