HomeMy WebLinkAbout15 135 santa claus parade (2015) road closing by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2015 -135
BEING A BY -LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE THE
KINCARDINE & DISTRICT CHAMBER OF COMMERCE SPONSORED
SANTA CLAUS PARADE
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;
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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 & District Chamber of Commerce has requested that
certain roads within the Municipality of Kincardine be closed in order to facilitate the
Santa Claus Parade;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
O
ENACTS as follows:
1. That part of Gary Street, from the entrance to 665 Phillip Place (Sutton Park Mall)
to Sutton Street, be closed to all vehicular traffic, other than those vehicles
authorized by the organizers, on Saturday, December 5th, 2015 from 5:30 p.m. to
9:00 p.m. for the purpose of holding the Santa Claus Parade.
2. That part of Sutton Street, westerly from Gary Street to Broadway Street and that
portion of Broadway Street, westerly from Sutton Street to the west side of
Queen Street be closed to all vehicular traffic, other than those vehicles
authorized by the organizers, on Saturday, December 5th, 2015 from 5:30 p.m. to
9:00 p.m. for the purpose of holding the Santa Claus Parade.
3. That Queen Street from Broadway Street to Durham Market North be closed to
all vehicular traffic, other than those vehicles authorized by the organizers, on
Saturday, December 5th, 2015 from 5:30 p.m. to 9:00 p.m. for the purpose of
• holding the Santa Claus Parade.
4. That parking be prohibited on the portion of Queen Street that is closed to traffic
during the above noted times.
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Santa Claus Parade (2015) Road Closing By -law
By -law No. 2015 - 135
5. The Kincardine & District Chamber Of Commerce 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.
6. 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.
7. 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.
8. This by law shall come into full force and effect upon its final passage.
9. This by -law may be cited as the "Santa Claus Parade (2015) Road Closing By-
law".
READ a FIRST and SECOND TIME this 7th day of October, 2015.
READ a THIRD TIME and FINALLY PASSED this 7th day of October, 2015.
Mayor Deputy Clerk
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