HomeMy WebLinkAbout12 079 the annual summer street market (2012) road closure by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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B LAW
NO. 2012 - 079
BEING A BY -LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE
THE ANNUAL SUMMER STREET MARKET
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, 2001, 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, 2001, 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 Kincardine BIA has requested that Queen Street from
Durham Market Square North through to a point just north of Durham Street (the
entrance to the former Foodland parking lot) be closed on Sunday August 5,
• 2012 from 8:00 a.m. to 5:00 p.m. to vehicular traffic in order to facilitate the
Annual Summer Street Market;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Queen Street from Durham Market Square North through to a point
just north of Durham Street (the entrance to the former Foodland parking
lot) be closed to all vehicular traffic, other than those vehicles authorized
by the organizers, on Sunday August 5, 2012 from 8:00 a.m. to 5:00 p.m
for the purpose of holding the Annual Summer Street Market.
2. The Kincardine BIA 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.
• 3. 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.
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The Annual Summer Street Market (2012) Road Closure By -Law
By- law No. 2012 - 079
4. Every person who without lawful authority uses a highway or portion
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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.
5. This by law shall come into full force and effect upon its final passage.
6. This by -law may be cited as the "The Annual Summer Street Market
(2012) Road Closure By- Law ".
READ a FIRST and SECOND TIME this 4th day of July, 2012.
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ayor Clerk
READ a THIRD TIME an • FINALLY PASSED this 4th day of July, 2012
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ayor Clerk
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