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HomeMy WebLinkAbout24 070 - Road Dedication Amendment (2) By-law (Mystic Cove)THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2024 — 070 Being a By-law to Amend By-laws No. 2011 - 068 and 2023 - 141; Being a By- law to assume the street known as Upper Lorne Beach Road, PLAN 3M-216 as a Public Highway and to regulate traffic on said Street Whereas pursuant to the Municipal Act, 2001, Section 30(4)2, a municipality is obligated to maintain a public highway shown on a registered plan of subdivision until it has passed a by-law assuming the highway; and Whereas pursuant to the Municipal Act, 2001, Section 11 (3)1, the Municipality of Kincardine may pass by-laws respecting highways within its jurisdiction including regulating traffic on the highway; and Whereas pursuant to the Municipal Act, 2001, Section 35 provides that a Municipality may pass by-laws restricting the common law right of passage over a highway; and Whereas by By-law No. 2011-068; the Municipality of Kincardine assumed the street known as Upper Lorne Beach Road, PLAN 3M-216 as a Public Highway and to regulate traffic on said street; and was amended by By-law 2023 — 141; and Whereas it is desirous to amend By-law No. By-law 2011 — 068 and By-law 2024 — 141 regarding the regulation of traffic on said street; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That Section 2. of By-law 2023 — 141 is hereby repealed. 2. That Section 4. of By-law 2011 — 068 is hereby repealed and replaced with: "There shall be no through traffic permitted on Upper Lorne Beach Road, Plan 3M-216 from the Lakeshore area to the South of the access control gate from April 1 through November 30 annually." 3. That this By-law shall become effective upon its final passage by the Council of the Municipality of Kincardine and upon its registration in the Registry Office for the Registry division of Bruce (No. 3). 4. This By-law may be cited as the "Road Dedication (Upper Lorne Beach Road) Amendment (2) By-law". Read a First, Second and Third Time and Finally passed this 8th day of May, 2024. V Mayor Clerk