[Adopted 12-5-2011 by L.L. No. 1-2012]
A.
No civil
action shall be maintained against the Village for damages or injuries
to person or property sustained in consequence of any street, highway,
bridge, culvert, sidewalk or crosswalk being defective, out of repair,
unsafe, dangerous or obstructed unless, previous to the occurrence
resulting in such damages or injury, written notice of the defective,
unsafe, dangerous or obstructed condition of said street, highway,
bridge, culvert, sidewalk or crosswalk was actually given to the Clerk
of the Village and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of. No such action shall be maintained
for damages or injuries to the person or property sustained solely
in consequence of the existence of snow or ice upon any sidewalk,
crosswalk or street unless written notice thereof, relating to the
particular place, was actually given to the Clerk of the Village and
there was a failure or neglect to cause such snow or ice to be removed
or the place otherwise made reasonably safe within a reasonable time
after the receipt of such notice.
B.
The Village
shall not be liable in a civil action for damages or injuries to person
or property or invasion of personal or property rights of any name
or nature whatsoever, whether casual or continuing, arising at law
or in equity, alleged to have been caused or sustained, in whole or
in part, by or because of any omission of duty, wrongful act, fault,
neglect, misfeasance or negligence on the part of the Village or any
of its agents, officers or employees unless a notice of claim shall
have been made and served in compliance with § 50-e of the
General Municipal Law nor unless an action shall be commenced thereon
within one year after the happening of such accident or injury or
the occurrence of such act, omission, fault or neglect; but no action
shall be commenced to recover upon or enforce any such claim against
the Village until the expiration of three months after the service
of said notice. Nothing herein contained, however, shall be held to
revive any claim or cause now barred by any existing requirement or
statute of limitations nor to waive any existing limitation now applicable
to any claim or cause of action against the Village.
