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HomeMy WebLinkAboutKIN 84 4600 Prhbt/Reg injry HWY THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4600 . WHEREAS it is provided by Section 315(1) of The Municipal Act, R.S.O., 1980, that councils of municipalities may pass by-laws for prohibiting or regulating the obstructing, encumbering, injuring or fouling of highways or bridges. AND WHEREAS it is further provided by Section 315(5) of The Municipal Act, R.S.O. 1980, that councils may also pass by- laws for prohibiting the throwing, placing or depositing of dirt, fi 1 th, glass, handbi 11 s, paper or other rubbi sh or refuse or the carcass of any animal, on any highway or bridge. DEFINITION "Hi ghway" - i nc 1 udes a conmon and pub 1 ic hi ghway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles. "Vehicle" - includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscu1 ar power, but does not i nc1 ude a motori zed snow vehicle or the cars of electric or steam railways run- ning upon rails. THEREFORE the Council of the Corporation of the Town of Kincardine hereby ENACTS as follows: 1. No person shall throw, place or deposit dirt, filth, gl ass, handbi 11 s, paper or other rubbi sh or refuse or the carcass of any animal on any highway or bridge within the municipality. 2. No person shall burn leaves, paper, rubbish or refuse or any other matter on any highway or bridge within the municipality. . 3. i~O person shall deposit snow or ice from their driveway or property on any portion of the travelled areas of the highway. 4. (i) Any person desiring to carry out any work upon, under, or affecting any highway shall apply to the Town Superintendent in writing, setting out the work desired to be carried out and the purpose therefore, and if such work is a proper work and cannot other- wi se be carri ed out, the Town Superi ntendent shall, upon the person agreei ng to cover all loss, costs or damage whi ch mi ght be caused or result by reason of the proposed work, issue a permit for such work to be carried out. No work shall be carried out upon, under or affecting any highway unless a valid permit has been issued by the Town Superintendent and is in full force and effect. .. .2 By-law 4600 -2- . (ii) A person desiring a permit shall provide evidence to the Town Superi ntendent that a comprhensi ve pol i cy of pub 1 i c 1 i ab- ility and property damage insurance acceptable to the Town Super- i ntendent is in force and wi 11 remai n in force throughout the peri od stated in the permi t. Thi s pol i cy sha 11 name the Corporati on as an addi t i ona 1 insured thereunder and shall protect the Corporati on against all claims for all damage to any property of the Corporation or any other pub 1 i c or pri vate property resul ti ng from or ari sing out of any acci dent or omi ssi on on the part of the permi t holder or any other person or agent duri ng the completion of the work author- ized by the permit. (iii) The permit issued pursuant to Section 4(;) hereof sha 11 be retai ned by the person in charge of the work authori zed by the permit and shall be produced and shown to any officer or employee of the Corporation on request. (i v) The work authori zed by the permi t shall be done as speedily as practicable and to the satisfaction of the Town Super- i ntendent and in comp 1 eti ng the work every hi ghway shall be restored to at least the condition it was in prior to commencement of the work. If the restoration work requires further repair the person to whom the permit is granted shall repair same from time to time as may be necessary at hi s own expense and to the sati sfacti on of the Town Superintendent. (v) Every person to whom a permit is issued and/or the contractor or other person by whom the work is actually done shall erect or mai ntai n a good and suffi ci ent fence, rai 1 i ng or barri er around every excavati on made by hi m or them in such manner as to prevent acci dents or danger to persons usi ng the hi ghway and others and shall place and keep upon such fence, railing or barrier suitable, suffi ci ent 1 i ghts or other warni ng devi ces duri ng the ni ght and take a 11 proper care and pracauti ons for the protecti on and safety of the public and such further care and precautions as the Town or Town Superintendent may deem necessary and direct for such purposes. . (vi) Every person to whom a permit has been issued and/or the contractor or other person by whom the work is actually done shall be solely responsible for all damages by whomsoever claimable in respect of any injury to persons or to lands, buildings, structures, fences, trees or property of whatever description occasioned in the carryi ng on of the work or any part thereof and the permit ho 1 der and/or the contractor shall indemnify and save harmless the Corporation from and against all claims, demands, loss, cost, damage actions, suits, or other proceedings by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributed to any such damage, injury or infringement. .. .3 By- 1 aw 4600 -3- . (5) Any person to whom a permit is issued shall take a 11 necessary steps to prevent materi a 1, waste or soil from bei ng spi 11 ed or tracked onto a hi ghway from vehicles goi ng to or comi ng from the work for which the permit has been issued. In addition to any penalty otherwi se imposed by thi s by-1 aw such person sha 11 be responsible to the municipal ity for the cost of removing such material, waste or soil. (6) (i) Notwithstanding the requirement of a permit, the Kincardine Public Utilities Conmission may carry out emergency repairs without the benefit of a permit but a permit shall be obtained as soon as practicable. (ii) Notwithstanding the waiving of the requirement for a permit for emergency repairs all other provisions of this by- law shall apply to the Kincardine Public Utilities Commission at all times. (n That By-1 aw No. 1906 passed on the fi rst day of October, 1965, be and the same is hereby repealed. (8) Any person contraveni ng any provi si ons of thi s By- law shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding ONE THOUSAND DOLLARS ($1,000.00) EXCLUSIVE OF COSTS, under The Provincial Offences Act. READ a FIRST and SECOND time this 19th day of April, 1984. ~~~ Mayor 4?1 ;Jyµ~ .............C1erk READ a THIRD TIME and FINALLY PASSED this 3rd day of May 1984. ~~~ ~ ~A~.- /(, erk -"/ - J._ _ -:...------ Mayor " ::- . Kincardine, Ontario 1984 PERMIT ISSUED PURSUANT TO BY-LAW 4600 . Permission is hereby granted to to excavate for purposes of on during the period the day of - day of 1984, to the 19 Permi ssi on is hereby granted to carry out the above work in accordance with the provisions of By-law No. 4600. The Applicant hereby acknowledges having read the provisions of By-1 aw No. 4600 and agrees to be bound thereby. The App 1 i cant hereby warrants that insurance coverage is in force through agent, to be undertaken pursuant to this Company and that the has been advised of permit . insurance the work Applicant .