HomeMy WebLinkAbout07 097 B.I.A. Calypso Street Market Road Closing (2007)
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 097
BEING A BY-LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE A B.I.A.
SPONSORED CALYPSO STREET MARKET EVENT
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 Business Improvement Area has requested that part of
Queen Street be closed from the north side of Durham Market South to the south side
of Durham Street, in order to facilitate the holding of the Annual Calypso Street Market
on Sunday, August 5, 2007 from 11 :00 a.m. to 4:00 p.m.;
NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine
ENACTS as follows:
1.
That part of Queen Street, northerly from the north side of Durham Market
Square South to the south side of Durham Street, be closed to all vehicular
traffic, other than those vehicles authorized by the organizers, on Sunday,
August 5, 2007 from 11 :00 a.m. to 4:00 p.m. for the purpose of holding the B.I.A.
Calypso Street Market Event.
2. The Board of Management of the Kincardine B.I.A. 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.
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B.I.A. Calypso Street Market Road Closing (2007) By-Law
By-law No. 2007 - 097
3.
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.
4. 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.
5. This by law shall come into full force and effect upon its final passage.
6.
This by-law may be cited as the "B.I.A. Calypso Street Market Road Closing
(2007) By-law".
READ a FIRST and SECOND TIME this 4th day of July, 2007.
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READ a THIRD TIME and FINALLY PASSED this 4th day of'July, 2007.
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