HomeMy WebLinkAbout13 034 the 2013 kincardine ms walk road closure by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT _
BY -LAW
NO. 2013 - 034
BEING A BY -LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE
THE 2013 KINCARDINE MS WALK
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 Council of The Corporation of the Municipality of Kincardine
deems it advisable to temporarily close certain streets within the municipality to
facilitate the 2013 Kincardine MS Walk;
• NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Durham Street from Walsh Street to Princes Street be closed to all
vehicular traffic, other than those vehicles authorized by the organizers, on
Sunday May 5, 2013 from 9:30 a.m. to 10:30 a.m. for the purpose of
holding the 2013 Kincardine MS Walk.
2. The MS Society of Canada, Ontario Division 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.
4. 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 2013 Kincardine MS Walk Road Closure By -Law
By- law No. 2013 - 034
5. 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.
6. This by law shall come into full force and effect upon its final passage.
7. This by -law may be cited as the "The 2013 Kincardine MS Walk Road
Closure By -law ".
READ a FIRST and SECOND TIME this 20 day of March, 2013.
• Mayo Clerk
READ a THIRD TIM and Fl ► LLY PASSED this 20 day of March, 2013.
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yor Clerk
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