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HomeMy WebLinkAbout07 026 Kincardine Women's Triathlon Road Closign By-law . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 026 BEING A BY-LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE THE 2007 KINCARDINE WOMEN'S TRIATHLON WHEREAS Section 11 (3) of the Municipal Act, 2001, S.D. 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws, respecting matters within the sphere of jurisdiction of highways, including parking and traffic on highways; AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to the said Municipal Act, Section 35 authorizes municipalities to pass by-laws removing or restricting the common law right of passage by the public over a highway; AND WHEREAS the Kincardine Women's Triathlon organizing committee has requested that portions of Huron Terrace, south of Lambton Street, and Penetangore Row southerly to Bruce Ave., Bruce Ave. from Penetangore Row to Goderich Street, Goderich Street from the boardwalk to the southerly limits of the municipality be closed on Saturday, July 14, 2007 from 9:00 a.m. to 11 :00 a.m. and Station Beach and the Kincardine Harbour area be closed to vehicular traffic from 6:00 a.m. to 1 :00 p.m., in order to facilitate the ih Annual Kincardine Women's Triathlon; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That portion of Huron Terrace, southerly from Lambton Street to St. Albert Street, that portion of Penetangore Row from St. Albert Street to Bruce Ave., that portion of Bruce Ave. from Penetangore Row to Goderich Street and all of Goderich Street from the boardwalk to the southerly limits of the municipality, be closed to all vehicular traffic, other than those vehicles authorized by the organizers, on Saturday, July 14th, 2007, from 9:00 a.m. to 11 :00 a.m. for the purpose of holding the ih Annual Kincardine Women's Triathlon. .. . /2 . . . . By- law No. 2007 - 026 Kincardine Women's Triathlon (2007) Road Closing By-Law Page 2 of 2 2. That Station Beach and the boardwalk be closed; and that portion of Russell Street, from Huron Terrace westerly to Lake Huron be closed to all vehicular traffic, other than those vehicles authorized by the organizers, on Saturday, Jul~ 14, 2007 from 6:00 a.m. until 1 :00 p.m. for the purpose of holding the 7t Annual Kincardine Women's Triathlon. 3. The Kincardine Women's Triathlon Committee shall erect at each end of such highway or portion thereof, and where an alternative route deviates therefore, a barricade upon which an adequate warning device shall be exposed and in good working order continuously from sunset until sunrise and at such points there shall be erected a detour sign indicating the alternative route and containing a notice that the highway is closed to traffic. 4. Every person who uses a highway or portion of a highway so closed to traffic does so at his or her own risk and The Corporation of the Municipality of Kincardine is not liable for any damage sustained by a person using the highway or portion thereof so closed to traffic. 5. Every person who without lawful authority uses a highway or portion thereof so closed to traffic while it is protected in accordance with this paragraph, or who removes or defaces any barricade, device, detour sign or notice placed thereon by lawful authority, is guilty of an offence and is subject to the penalties as set forth in the Provincial Offences Act and is also liable to The Corporation of the Municipality of Kincardine for any damage or injury occasioned by such wrongful use, removal or defacement. 6. This by law shall come into full force and effect upon its final passage. 7. This by-law may be cited as the "Kincardine Women's Triathlon (2007) Road Closing By-law". READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this ih day of March 2007.