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HomeMy WebLinkAboutKIN 93 079 Prohibit Mud/DownTn THE CORPORATION OF THE TOWN OF KINCARDINE . ~ £~~ .....o~ .' ð\. .~'\J' ,f ^ ¿ ~:;;;;..~ 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 . ./2 Mud Tracking and Other street Damage Page 2 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. . 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. ../3 . . Mud Tracking and Other street Damage Page 3 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. ~~~ Mayor Clerk