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HomeMy WebLinkAbout09 082 Kincardine Cruise 2009 Temporary Road Closure By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2009 - 082 BEING A BY-LAW TO TEMPORARILY CLOSE STREETS AND RESTRICT PARKING TO FACILITATE KINCARDINE CRUISE NIGHTS 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 Highway Traffic Act, R.S.O. 1990, c.H.8 and the regulations thereunder permit the councils of local municipalities to regulate traffic and parking; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to temporarily close certain streets and restrict parking within the municipality to facilitate Kincardine Cruise Nights; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That part of Queen Street, northerly from Durham Market North to the south side of Durham Street, be closed to all vehicular traffic, other than those vehicles authorized by the organizers on June 26, 2009, July 31, 2009 and September 4, 2009 from 5:00 p.m. to 9:30 p.m. for the purpose of holding 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 26 2009, July 31, 2009 and September 4, 2009 from 5:00 p.m. to 9:30 p.m. for the purpose of holding Kincardine Cruise Nights. 3. That parking be restricted to both the easterly and westerly sides of Princes Street, from Durham Market North to Durham Street, on June 26, 2009, July 31, 2009 and September 4, 2009. .../2 e e e e Page 2 Kincardine Cruise Nights (2009) Temporary Road Closures By-law By-law No. 2009 - 082 4. 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. 5. 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. 6. 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. 7. This by law shall come into full force and effect upon its final passage. 8. This by-law may be cited as the "Kincardine Cruise Nights (2009) Temporary Road Closure By-law". READ a FIRST and SECOND time this 3rd day of June, 2009. gts~(~ Ma or ~~ ~Qoo~ Clerk READ a THIRD TIME and FINALLY PASSED this 3rd day of June 2009. ~x~ ayor ~~ Clerk