DATED: 1978

LOCAL LAW NO. 2
1978
BE IT ENACTED by the Board of Supervisors of the County of Montgomery as follows:
SECTION 1. (a) No action or special proceeding shall be commenced, maintained or prosecuted against the County of MontŽgomery for personal Injury or damage to real or personal property alleged to have been caused by or sustained as a result of any street, highway, bridge, culvert, sideŽwalk or crosswalk being out of repair, unŽsafe, poorly designed, dangerous, or in a dangerous condition due to accumulated snow and ice thereon unless actual notice of such dangerous condition or defect was given to the Commissioner of Public Works of the county or in the event there is no Commissioner of Public Works, to the perŽson exercising the powers and performing the duties of a Commissioner of Public Works 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 and to make the condition complained of reasonŽably safe.
(b) The Commissioner of PubŽlic Works of the County of Montgomery or in the event that there is no Commissioner of Public Works, the person exercising the powers and performing the duties of a ComŽmissioner of Public Works shall keep a separŽate indexed record of all notices which he shall receive of the existence of any defecŽtive, out of repair, unsafe, poorly designed. dangerous or obstructed condition or of any dangerous accumulation of snow or ice on any street, highway, bridge, culvert, sideŽwalk or crosswalk, 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 the notice was received.
SECTION 2. Nothing herein contained shall be construed to -relieve any person claiming personal injuries or damage to real or personal property arising out of any condition or defect herein described from the obligation of complying with the proŽvisions of Section 50 -e of the General Mun-icipal Law or any other or similar statute requiring the filing of a notice of a claim for such injuries or damages.
SECTION 3. This local law shall take effect upon the compliance with all statutes or requirements of other regulations applicable to its adoption.