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HomeMy WebLinkAboutKIN 90 086 Respect Construc Veh . THE CORPORATION OF THE TOWN OF KINCARDINE ~~ "~,;.;..... ~ . ':-f ;;. ".",.."..,,~ ~ ~ ~ BY-LAW BY-LAW NO. 1990-86. 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 of The Corporation of the Town of Kincardine ENACTS a follows: 1. In this By-law: (a) (b) (c) (d) 2. means a vehicle delivering materials from lands on which pool is being erected, altered, "Construction Vehicle" materials to or removing any building or swimming repaired or demolished; "Construction Site" means lands on which any building swimming pool is being erected, altered, repaired demolished; or or "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 "Services" boulevards, services on paved other includes sidewalks, curbing, water service box, vegetation and The Corporation's property. site shall material, onto the from the erection, thereon. The owner and occupier of every construction take all necessary steps to prevent building waste or soil from being spilled or tracked public streets by vehicles going to or coming construction site during the course of the alteration, repair or demolition of a building 3. The owner and occupier of every construction site shall take all necessary precautions to prevent damage to services on The Corporation's property including, but not limited 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 Boulevard Restoration 4. No owner damage any services of and occupier of a construction of The Corporation's property or The Corporation. site shall any of the .. 5. Where any owner or occupier fails to comply with the provisions of Paragraph 2, 3 and 4 of this By-law, the Town's manager of public works shall forward an invoice to the owner or occupier, said invoice to reflect the cost of restoring The Corporation's property or services and thereupon the owner or occupier shall forthwith pay to the Town the amount indicated in said invoice. 6. In the event the owner or occupier fails to pay said invoice within a period of fifteen (15) days from the date of the invoice, the Town's manager of public works may cause the work 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 like manner as municipal taxes. 7. Nothing contained in this By-law prohibits the town to proceed in accordance with the provisions contained in Section 327 of The Municipal Act. B. Every person who contravenes any of the provisions of this By-law shall, upon conviction thereof, forfeit and pay a penalty not exceeding (exclusive of costs) the sum of Two Thousand ($2,000.00) Dollars for each such offence and every such penalty shall be recoverable under The Provincial Offences Act, R.S.O. 1980, Chapter 400, as amended. 9. This By-law shall come into full force and effect upon final passage. 10. This By-law may be cited as the "Boulevard Restoration By-law. " READ a FIRST and SECOND time this 6th day of December, 1990 ¿ict<l ¡} ~£mv Mayor ~~ur;Áß ~ Deputy Clerk READ a THIRD TIME and FINALLY PASSED this 20th day of December, 1990. . Æ d¡v/,(~ tllJþ-/J Mayor