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HomeMy WebLinkAboutKIN 91 017 Respect Const Vehicl THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1991-17 A BY-LAW RESPECTING CONSTRUCTION VEHICLES CROSSING TOWN CURB LINES, SIDEWALKS, BOULEVARDS. WHEREAS Section 315, Paragraph 2 of The Municipal Act permits the Council of a Municipality to pass by-laws for regulating the crossing of curbing, sidewalks or paved boulevards by vehicles delivering materials to or in moving materials from abutting lands. NOW THEREFORE the council for The Corporation of the Town of Kincardine ENACTS as follows: 1. In this By-law, (a) "Construction Vehicle" means a vehicle delivering materials to or removing materials from lands on which any building or swimming pool is being erected, altered, repaired or demolished. (b) "Construction swimming pool demolished. site" means lands on which any building or is being erected, altered, repaired or (c) "Corporation's Property" means the lands of Corporation abutting lands on which any building swimming pool is being erected, altered, repaired demolished. the or or (d) "Services" includes sidewalks, curbing, paved boulevards, water service box, vegetation and other services on the Corporation's Property. 2. The owner and occupier of every construction site shall take all necessary steps to prevent building material, waste or soil from being spilled or tracked onto the public streets by vehicles going to or corning from the construction site during the course of the erection, alteration, repair or demolition of a building thereon. 3. The owner and occupier or every construction site shall take all necessary precautions to prevent damage to services on the corporation's property including, but not limi ted to: . (a) the use of barricades around hydrants, trees, utility poles; (b) the use of planking to protect curbs, sidewalks and paved boulevard; (c) the restriction of loads to safe limits. .. ./2 Page 2 4. . 5. By-law No. 1991-17 No owner and occupier of a construction site shall damage any of the Corporation's property or any of the services of the corporation. Where any owner of occupier fails to comply with the provls10ns of paragraphs 2, 3 and 4 of this by-law, the Town's manager of public works shall forward a notice to the owner or occupier, said notice to indicate what is required to be done to restore the Corporation's property or services. Thereafter, the owner or occupier shall forthwith comply with the matters required to be done in said notice. 6. In the event the owner or occupier fails to respond to said notice within a period of Fifteen (15) days from the date of notice, to the Town's satisfaction, the Town's manager of public works may cause the works to be done at the owner or occupier's expense and the Town may recover the expense incurred in doing it by action, or, the same may be recovered in a like manner as municipal taxes. 7. Nothing proceed Section contained in the by-law prohibits the Town in accordance with the provisions contained 327 of the Municipal Act. to in 8. Every person who contravenes any provision 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. 1980, Chapter 400, as amended. 9. Town of Kincardine By-law rescinded. 1990-86 is hereby No. 10. This by-law shall corne into full force and effect upon its final passage. 11. This by-law may be cited Boulevards By-law, 1991". as the "Restoration of READ a FIRST and SECOND time this 21st day of February, 1991. duLV ¿( l c)J¡i;Þ7l/ Mayor ~ Deputy-Clerk READ a THIRD time and FINALLY PASSED this 7th day of March, 1991. IJµi~ 4 /J/~ Mayor ' . /C.~ /=. .. />~ //./ / . ,/..'