[HISTORY: Adopted by the Town Board of the Town of Galway: Art. I, 2-11-1986 as L.L. No. 1-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 67.
[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.