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HomeMy WebLinkAbout10 072 Kincardine Scottish Festival & Highland Games Road Closures By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY -LAW NO. 2010 - 072 BEING A BY -LAW TO TEMPORARILY CLOSE STREETS AND RESTRICT PARKING TO FACILITATE THE KINCARDINE SCOTTISH FESTIVAL AND HIGHLAND GAMES JULY 2 -4, 2010 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 2, 2010 to 6:00 p.m. July 2, 2010 to facilitate the Kincardine Scottish Festival. 2. That part of Durham Market North, easterly from Queen Street to Princes Street, be closed to all vehicular traffic, other than those vehicles authorized by the organizers, from 3:00 a.m. Friday July 2, 2010 to 6:00 p.m. Sunday July 4, 2010 to facilitate the Kincardine Scottish Festival. 3. That part of Princes Street, from the southerly Municipal Parking lot exit 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 3, 2010 to facilitate the Kincardine Scottish Festival. ...12 Page 2 2010 Kincardine Scottish Festival and Highland Games Road Closures By -Law By -law No. 2010 - 072 4. 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 3, 2010 to facilitate the Kincardine Scottish Festival. 5. That part of Lambton Street from the entrance to the Royal Canadian Legion, 219 Lambton Street, easterly to Queen Street be controlled 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 3, 2010 to facilitate the Scottish Festival Clan Parade. 6. 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 3, 2010 to facilitate the Scottish Festival Clan Parade. 7. That parking be restricted to the easterly side of Olde Victoria Street between Russell Street and Durham Street on Friday July 2, 2010 through to and including Sunday, July 4, 2010. 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 "2010 Kincardine Scottish Festival and Highland Games Road Closures By -law ". READ a FIRST and SECOND TIME this 19 day of May, 2010 Mayor Clerk READ a THIRD TIME and FINALLY PASSED this 19 day of May, 2010. Clerk eJ