HomeMy WebLinkAbout08 072 Paddy Walker Heritage Centre Temporary Road Closure
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2008 - 072
BEING A BY-LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE THE
PADDY WALKER HERITAGE CENTRE OPENING CEREMONIES
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 Paddy Walker Heritage Centre has requested that the portion of
Harbour Street westerly from Huron Terrace to the most easterly point of Harbour Street
be closed in order to facilitate their Opening Ceremonies on July 30, 2008 from 12:30-
1:30 p.m.;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That the portion of Harbour Street westerly from Huron Terrace to the most
easterly point of Harbour Street, be closed to all vehicular traffic, other than those
vehicles authorized by the organizers on July 30, 2008, from 12:30 p.m. to 1 :30
p.m. for the purpose of holding their Opening Ceremonies for the Paddy Walker
Heritage Centre.
3. The Paddy Walker Heritage Centre shall erect at each end of the closed portion
of Harbour Street, and where an alternative route deviates therefore, a barricade
upon which an adequate warning device shall be exposed and in good working
order continuously and 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.
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Page 2
Paddy Walker Heritage Centre Temporary Road Closures By-law
By-law No. 2008 - 072
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 "Paddy Walker Heritage Centre Temporary Road
Closure By-law".
READ a FIRST and SECOND time this yth day of May, 2008.
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READ a THIRD TIME and FINALLY PASSED this yth day of May 2008.
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