HomeMy WebLinkAbout16 017 Minimum Maintenance Standards for Municipal Highways By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 - 017
BEING A BY -LAW TO ADOPT MINIMUM MAINTENANCE STANDARDS OF REPAIR
FOR HIGHWAYS UNDER MUNICIPAL JURISDICTION
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 Ontario Regulation 239/02, under the said Municipal Act, the Minimum
Maintenance Standards for Municipal Highways, sets out the minimum standards of
repair for highways under municipal jurisdiction for the purpose of clause 44 (3) (c) of
the Municipal Act.
AND WHEREAS the Municipality of Kincardine has been using the minimum standards
in the above noted legislation since their inception;
AND WHEREAS the Council of The Corporation of the Municipality deems it advisable
to document the adoption Ontario Regulation 239/02 Minimum Maintenance Standards
for Municipal Highways.
• NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That Ontario Regulation 239/02 Minimum Maintenance Standards for Municipal
Highways, amended from time to time, be adopted as the minimum maintenance
standards for highways under the jurisdiction of the Municipality of Kincardine.
2. This by law shall come into full force and effect upon its final passage.
3. This by -law may be cited as the "Minimum Maintenance Standards for Municipal
Highways ".
READ a FIRST and SECOND TIME this 1st day of February, 2016.
READ a THIRD TIME and FINALLY PASSED this 1st day of February, 2016
• Mayor Clerk