HomeMy WebLinkAbout09 125 T.E.R.P. Temporary Road Closure By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
NO. 2009 - 125
BEING A BY-LAW TO TEMPORARILY CLOSE MCLAREN STREET (VILLAGE OF
TIVERTON) TO FACILITATE A TRANSPORTATION EMERGENCY RESPONSE
PLAN (T.E.R.P.) DRILL
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 Municipality intends to conduct a T.E.R.P. drill for emergency
response providers within the Municipality of Kincardine to enhance awareness of
transporation related accidents involving low to intermediate levels of waste;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to temporarily close the said McLaren Street to restrict unauthorized
traffic during the T.E.R.P. drill in order to ensure a public safety;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1.
That McLaren Street (Village of Tiverton) from Main Street to the entrance of the
Whitney Crawford Centre; be closed to all vehicular traffic, other than those
vehicles authorized by the organizers, from 12:00 p.m. to 4:00 p.m. on Tuesday,
September 15, 2009 to facilitate the T.E.R.P.drill.
2.
That the Community Emergency Management Coordinator for the Municipality of
Kincardine shall cause to be erected at each end of the 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,
and; at such points there shall be erected detour signs indicating the alternative
route and containing a notice that the highway is closed to traffic.
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By-law No. 2009 - 125
T.E.R.P. Temporary Road Closure By-law
Page 2 of 2
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 "T.E.R.P. Temporary Road Closure By-law".
:r and SECOND TIME this 2nd day of September, 2009
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Clerk
TIME and FINALLY PASSED this 2nd day of September, 2009
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Clerk