HomeMy WebLinkAbout15 098 Monday Street Market and Summer Street Party (2015) Road Closure By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2015 - 098
BEING A BY -LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE
THE MONDAY STREET MARKET AND 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;
111 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 certain roads in the
Municipality of Kincardine be closed on Monday August 17, 2015 and Sunday
August 2, 2015 from 8:00 a.m. to 5:00 p.m. to vehicular traffic in order to facilitate
the Monday Street Market and Summer Street Party;
NOW THEREFORE the Council of The Corporation of the Municipality of
• Kincardine ENACTS as follows:
1. That Queen Street from Durham Market Square South through to 929
Queen Street (Quinn Plaza) be closed to all vehicular traffic, other than
those vehicles authorized by the organizers, on Monday August 17, 2015
and Sunday August 2, 2015 from 8:00 a.m. to 5:00 p.m. for the purpose of
holding the Monday Street Market and 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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Monday Street Market and Summer Street Party (2015) Road Closure By -Law
By- law No. 2015 - 098
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 "Monday Street Market and Summer
Street Party (2015) Road Closure By- Law ".
READ a FIRST and SECOND TIME this 17th day of June, 2015.
READ a THIRD TIME and FINALLY PASSED this 17th day of June, 2015.
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Mayor Clerk
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