HomeMy WebLinkAbout13 079 The Summer Street Part (2013) Road Closure THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
C pgLI1Y OF KMp�
BY -LAW
NO. 2013 - 079
BEING A BY -LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE
THE SUMMER STREET PARTY
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 Durham Street be closed on Sunday
August 4, 2013 from 8:00 a.m. to 5:00 p.m. to vehicular traffic in order to facilitate
the Summer Street Party;
• h Council of The Corporation of the Municipality NOW THEREFORE the p p y of
Kincardine ENACTS as follows:
1. That Queen Street from Durham Market Square North through to Durham
Street be closed to all vehicular traffic, other than those vehicles
authorized by the organizers, on August 4, 2013 from 8:00 a.m. to 5:00
p.m. for the purpose of holding the Summer Street Party.
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 Summer Street Party (2013) Road Closure By -Law
By- law No. 2013 - 079
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 Summer Street Party (2013) Road
Closure By- Law ".
READ a FIRST and SECOND TIME this 19 day of June, 2013.
J ° Mayor ` $ _ . bC7C�
• Mayor Clerk
, / READ a THIRD TIME and FINALLY PASSED this 19 day of June, 2013.
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M ayor Clerk 4
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