HomeMy WebLinkAbout13 140 B.I.A. Hometown Christmas (2013) Road Closing By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2013 -140
BEING A BY -LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE A B.I.A.
SPONSORED HOMETOWN CHRISTMAS EVENT
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 Kincardine Business Improvement Area has requested that part of
Queen Street be dosed in order to facilitate the holding of the Annual Hometown
Christmas Event;
• NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
P P Y
ENACTS as follows:
1. That part of Queen Street, from the north side of Durham Market Square South
to the south side of Durham Street, be closed to all vehicular traffic, other than
those vehicles authorized by the organizers, on Friday, November 15 2013
from 5:00 p.m. to 10:00 p.m. for the purpose of holding the Annual Hometown
Christmas Event.
2. That parking be prohibited on the portion of Queen Street that is closed to traffic
during the above noted times.
3. The Board of Management of the Kincardine B.I.A. 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.
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B.I.A. Hometown Christmas (2013) Road Closing By -Law
By -law No. 2013 - 140
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.
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 "B.I.A. Hometown Christmas (2013) Road
Closing By -law ".
REA FIRST SEC D time this 6 day of November, 2013.
• Mayor Clerk o Q
READo THIRD time and F LY PASSED this 6 day of November, 2013.
Mayor Clerk 4 ___.__
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