HomeMy WebLinkAboutKIN 93 079 Prohibit Mud/DownTn
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1993-79
A BY-LAW TO PROHIBIT THE TRACKING OF MUD AND DAMAGE TO
TOWN STREETS
WHEREAS damages occur to Town property both real and
otherwise as a result of construction practices;
AND WHEREAS the Town wishes to mitigate such damages;
AND WHEREAS section 326 of the Municipal Act R.S.O., 1990
grants authority to municipalities to recover expenses,
incurred by the municipality for the rectification of
damages of this nature, in a prescribed manner;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1.0 DEFINITIONS
1.1 Boulevard - shall mean that part of the highway
between the curb or edge of the roadway and the street
line, and in the case of divided highway, also that
area between the centre curbs thereof.
1.2
Chief Buildina Official
Building Official for The
Kincardine, or any person
time to time.
- shall mean the Chief
corporation of the Town of
designated by Council, from
1.3 Construction - shall mean anything done in the
erection, installation, extension or material
alteration, demolition or repair of a building and
includes the installation of building units fabricated
or moved from elsewhere and the installation of
swimming pools, and any site alterations and work
related to the readying of a lot for construction
purposes or the installation of services.
.
1.4 Contractor - shall mean those persons employed by
individuals or companies, engaged in practices which
may damage streets or require road cuts.
1.5 Damaae - when used in this By-Law, shall mean any
damage done to the real property or other property of
the Town of Kincardine, whether by cutting, gouging,
scraping, digging up, tracking mud or significantly
altering from its former state.
1.6
Manaaer of Public
Public Works for
Kincardine, or any
time to time.
Works - shall mean the Manager
The corporation of the Town
person designated by Council,
of
of
from
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Mud Tracking and Other street Damage
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1.7 Person shall mean any human being, chartered
organization, firm, partnership, corporation, agent or
trustee, and the heirs, executors or other legal
representatives of a person to whom the context can
apply according to law.
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1.8 Property Owner - shall mean the owner of the lands who
invited construction on his/her property thereby
necessitating the need for the use of Town lands for
access and egress to his/her property.
1.9 safety Hazard - shall mean a hazard present upon a
street that is of a sufficient size or description so
as to cause bodily harm or damage to other property.
1.10 street shall mean a road allowance or a line, and
includes the travelled portion of the road, grassed
area, boulevard, ditch, curb, gutter, sidewalk, and
any other structure constructed thereon by the Town or
with the Town's approval.
1.11 Town shall mean The Corporation of the Town of
Kincardine.
2.0 OBSTRUCTIONS AND ENCUMBRANCES
2.1 No person shall obstruct or foul any street within the
Town by any means whatsoever.
2.2 Any person who intends to cut the travelled portion of
the road in order to facilitate works, shall first
obtain from the Town a road cut permit. Such fees for
these permits to be established by the Town's
Consolidated Fee By-Law.
2.3 No person shall damage any street within the Town by
any means whatsoever.
2.4 All persons, either contracted or otherwise, engaged
in construction practices shall take all necessary
steps to prevent building materials, waste or soil
from being spilled or tracked onto the street by
vehicles going to or coming from lands during the
course of construction.
2.5 Any person in violation of section 2.1 shall upon
rece~v~ng notice from the chief building official or
the manager of public works shall return the street to
its previous condition within 24 hours.
2.6 Any person in violation of section 2.3 shall upon
rece~v~ng notice of the chief building official or
manager of public works shall return the street to its
previous condition.
.
2.7 Where, in the opinion of either the manager of public
works or the chief building official, the damage done
to any street constitutes a safety hazard, the
property owner or contractor shall ensure that steps
be taken immediately to eliminate the hazard.
2.8 All property owners shall be responsible for the
actions of their agents.
2.9 The Town may affect repairs to any street so damaged
and charge all costs against the property owner
responsible for the damage.
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Mud Tracking and Other street Damage
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3 . 0 SUNDRY
3.1 The words importing the singular number only shall
include the plural and vice versa, and words importing
the masculine gender shall include the feminine
gender, and words importing persons shall include
firms and corporations and vice versa.
3.2 Every person who contravenes any provisions of this
by-law is guilty of an offence and is subject to the
penalties as prescribed in the Provincial Offences
Act, R.S.O. 1990, Chapter P.33.
3.3 This by-law shall come into full force and effect upon
its final passage.
3.4 This by-law may be cited as the "Mud Tracking and
Other street Damage By-Law".
READ a FIRST and SECOND time this 15th day of JUly, 1993.
READ a THIRD time and FINALLY PASSED this 16th day of
December, 1993.
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Mayor
Clerk