HomeMy WebLinkAbout08 071 Kincardine Cruise Nights (2008) Temporary Road Closure
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 071
BEING A BY-LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE
KINCARDINE CRUISE NIGHTS
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 Cruise Night Committee has requested that part of
Queen Street be closed from the north side of Durham Market South to the south side
of Durham Street and Lambton Street westerly from the west side of Princes Street to
the municipal parking lot west of 286 Lambton Street, and Durham Market North
westerly from the west side of Princes to Queen St. in order to facilitate Kincardine
Cruise Nights on June 27,2008, August 1, 2008 and August 29,2008;
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 South
to the south side of Durham Street, be closed to all vehicular traffic, other than
those vehicles authorized by the organizers on June 27, 2008, August 1, 2008
and August 29, 2008 from 5:00 p.m. to 9:30 p.m. for the purpose of holding the
2008 Kincardine Cruise Nights.
2. That part of Lambton Street, westerly from the west side of Princes Street to the
municipal parking lot west of 286 Lambton Street (old arena pad), be closed to all
vehicular traffic, other than those vehicles authorized by the organizers, on June
27 2008, August 1, 2008 and August 29, 2008 from 5:00 p.m. to 9:30 p.m. for the
purpose of holding the 2008 Kincardine Cruise Nights.
3.
That part of Durham Market North, westerly from the west side of Princes Street
to Queen Street, be closed to all vehicular traffic, other then those vehicles
authorized by the organizers, on June 27, 2008, August 1, 2008 and August 29,
2008 from 5:00 p.m. to 9:00 p.m. for the purpose of holding the 2008 Kincardine
Cruise Nights.
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Page 2
Kincardine Cruise Nights (2008) Temporary Road Closures By-law
By-law No. 2008 - 071
3.
The Kincardine Cruise Night Committee 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 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.
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.
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 "Kincardine Cruise Nights (2008) Temporary
Road Closure By-law".
READ a FIRST and SECOND time this th day of May, 2008.
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READ a THIRD TIME and FINALLY PASSED this th day of May 2008.
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