HomeMy WebLinkAbout09 081 2009 Kincardine Scottish Festival & Highland Games Road Closures By-Law
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 - 081
BEING A BY-LAW TO TEMPORARILY CLOSE STREETS AND RESTRICT PARKING
TO FACILITATE THE KINCARDINE SCOTTISH FESTIVAL AND HIGHLAND GAMES
JULY 3-5, 2009 IN THE MUNICIPALITY OF KINCARDINE
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 the Kincardine Scottish Festival and Highland Games;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That part of Durham Market South, easterly from 330 (A) (west side of the
Theatre Guild Warehouse door) to Princes Street, be closed to all vehicular
traffic, other than those vehicles authorized by the organizers, from 6:00 a.m.
July 3, 2009 to 6:00 p.m. July 5, 2009 to facilitate the Kincardine Scottish
Festival.
2. That part of Princes Street, from Durham Market N to the Penetangore River, be
closed to all vehicular traffic, other than those vehicles authorized by the
organizers, from 6:00 a.m. to 6:00 p.m. Saturday, July 4, 2009 to facilitate the
Kincardine Scottish Festival.
3.
That part of Russell Street westerly from Olde Victoria Street to Victoria Park be
closed to all vehicular traffic, other than those vehicles authorized by the
organizers, from 6:00 a.m. to 6:00 p.m. on Saturday, July 4, 2009 to facilitate the
Kincardine Scottish Festival.
.../2
e
e
e
e
Page 2
2009 Kincardine Scottish Festival and Highland Games Road Closures By-Law
By-law No. 2009 - 081
4.
That part of Lambton Street from the entrance to the Royal Canadian Legion,
219 Lambton Street, easterly to Queen Street be closed to all vehicular traffic
other than those vehicles authorized by the organizers from 10:30 a.m. to 12:00
p.m. on Saturday, July 4, 2009 to facilitate the Scottish Festival Clan Parade.
5. That part of Queen Street southerly from Lambton Street to Gordon Street be
closed to all vehicular traffic other than those vehicles authorized by the
organizers from 10:30 a.m. to 12:00 p.m. on Saturday July 4, 2009 to facilitate
the Scottish Festival Clan Parade.
6. That parking be restricted to the easterly side of aide Victoria Street between
Russell Street and Durham Street on Friday July 3, 2009 through to and
including Sunday, July 5, 2009.
7. That parking be restricted on both easterly and westerly sides of Princes Street,
from Russell Street to Durham Street, on Friday July 3, 2009 through to and
including Sunday July 5, 2009.
8.
That organizers 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 from sunset until sunrise 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.
9. 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.
10. 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.
11. This by law shall come into full force and effect upon its final passage.
12. This by-law may be cited as the "2009 Kincardine Scottish Festival and Highland
Games Road Closures By-law".
READ a FIRST and SECOND TIME this 3rd, day of June, 2009
&-0 SJc:-~ \1- ~,~
May r Clerk
~ :;;"z=V PASSED ~;, 3. d'y m J"::~~~