HomeMy WebLinkAboutKIN 90 086 Respect Construc Veh
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THE CORPORATION OF THE TOWN OF KINCARDINE
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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:
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(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.
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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
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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.
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Mayor