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HomeMy WebLinkAbout07 096 2007 Gathering of the Bands Road Closure . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 096 BEING A BY-LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE THE GATHERING OF THE BANDS AUGUST 25, 2007 IN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 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 Council for the Municipality of Kincardine deems it advisable to temporarily close certain streets within the municipality to restrict unauthorized traffic during the Gathering of the Bands in order to ensure a safe and orderly event; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That part of Durham Market Square North, westerly from Queen Street to Princes Street be closed to all vehicular traffic, other than those vehicles authorized by the organizers, on Saturday, August 25, 2007 from 12 noon until 10:00 p.m. to facilitate the Gathering of the Bands. 2. That part of Queen Street, northerly from Durham Market North to Durham Street be closed to all vehicular traffic, other than those vehicles authorized by the organizers, on Saturday, August 25, 2007 from 5:00 p.m. until 9:00 p.m. with all vehicles to be removed from Queen Street by 6:00 p.m. 3. That part of Queen Street northerly from Durham Street to the Quinn Plaza be closed to all vehicular traffic, other than those vehicles authorized by the organizers, on Saturday, August 25, 2007 from 6:00 p.m. until 9:00 p.m. with all vehicles to be removed by 6:00 p.m. . . . /2 . . . . Page 2 2007 Gathering of the Bands Road Closures By-Law By-law No. 2007 - 096 4. That a controlled area for handicapped parking be allowed on the south side of the Kincardine Arts Centre from 12 noon until 10:00 p.m. on Saturday, August 25, 2007. 5. That organizers 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. 6. 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. 10. 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. 11. This by law shall come into full force and effect upon its final passage. 12. This by-law may be cited as the "2007 Gathering of the Bands Road Closure By- law". READ a FIRST and SECOND TIME this 4th day of July, 2007. ~~ or READ a THIRD TIME and FINALLY PASSED this 4th day k