HomeMy WebLinkAbout09 113 Gathering of the Bands Temporary Road Closure By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 -113
BEING A BY-LAW TO TEMPORARILY CLOSE STREETS AND RESTRICT PARKING
TO FACILITATE THE ANNUAL GATHERING OF THE BANDS WITHIN 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, RS.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 within the municipality to restrict
unauthorized traffic in order to ensure a safe and orderly weekend;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That part of Durham Market Square North, easterly from Queen Street to
Princess Street be closed to all vehicular traffic, other than those vehicles
authorized by the organizers, from 12:00 p.m. to 9:00 p.m. Saturday, August 29,
2009 to facilitate the Massed Band Parade.
2. That part of Queen Street from Durham Market North to Durham Street be closed
to all vehicular traffic other than those vehicles authorized by the organizers from
5:00 p.m. to 9:00 p.m. on Saturday August 29, 2009 to facilitate the Massed
Band Parade.
3.
That part of Queen Street from Durham Street to the Quinn Plaza be closed to all
vehicular traffic other than those vehicles authorized by the organizers from 6:00
p.m. (to accommodate Kincardine Foodland) to 9:00 p.m. on Saturday August
29, 2009 to facilitate the Massed Band Parade.
4.
That parking be prohibited on the portion of Queen Street that is closed to traffic
during the above mentioned times
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Gathering of the Bands Temporary Road Closure By-Law
By-law No. 2009 - 113
5.
That the north side parking area on that part of Durham Market South from
Princess Street to Queen Street be designated as handicapped parking for the
duration of the said event.
6. 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.
7. 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 "Gathering of the Bands Temporary Road
Closure By-law".
READ a FIRST and SECOND time the 5th day of August, 2009
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READ a THIRD time and FINALLY PASSED this 5th day of August, 2009
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