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HomeMy WebLinkAbout12 080 The Annual Monday Market on Queen Street (2012) Road Closure By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE v K J y BY-LAW NO. 2012 - 080 BEING A BY -LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE THE ANNUAL MONDAY MARKET ON QUEEN STREET 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 Monday August 20, • 2012 from 8:00 a.m. to 5:00 p.m. to vehicular traffic in order to facilitate the Annual Monday Market on Queen Street; 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 Monday August 20, 2012 from 8:00 a.m. to 5:00 p.m. for the purpose of holding the Annual Monday Market on Queen Street. 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 Page 2of2 The Annual Monday Market on Queen Street (2012) Road Closure By -Law By- law No. 2012 - 080 • Municipality of Kincardine is not liable for any damage sustained by a person using the highway or portion thereof so closed to traffic. 4. 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. 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 Monday Market on Queen Street (2012) Road Closure By- Law ". • READ a FIRST and SECOND TIME this 4 day of July, 2012. 0 es t ix.c e .yor Clerk READ a THIRD TIME and FINALLY PASSED this 4 day of July, 2012 AO ayor Clerk d • •