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HomeMy WebLinkAbout21 106 Prohibit Overnight Camping in Public Places and Municipal Parks Amendment (1) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2021 - 106
BEING A BYLAW TO AMEND BY-LAW NO. 2002-145; BEING A BY-LAW TO
PROHIBIT OVERNIGHT CAMPING IN PUBLIC PLACES AND MUNICIPAL
PARKS OWNED BY THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
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 the Municipal Act, S.O. 2001, c. 25 as amended, Sections 11(3)
and 27(1), gives lower tier municipalities the power to pass by-laws within the
sphere of jurisdiction dealing parking, culture, parks, recreation and heritage and
highways, including parking and traffic on highway;
WHEREAS the Council for The Corporation of the Municipality of Kincardine
deems it expedient to amend By-law No. 2002-145 to include a definition for a By-
law Enforcement Officer and a section on Penalties and Enforcement;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1 . That By-law No. 2002 - 145 Prohibit Overnight Camping in Public Places and
• Municipal Parks By-law be amended as follows:
i) That Section 1 be amended to include the following:
1.d. "By-law Enforcement Officer — means a commissionaire, assistant or
any other officer or civilian person engaged by the South Bruce O.P.P
and/or appointed by the Municipality of Kincardine to enforce or carry
out the provisions of this by-law or any part or parts thereof.
ii) That Section 4 be repealed and replaced with the following:
Every person(s) who violates a provision of this by-law is guilty of an
offence and subject to penalties as prescribed in the Provincial Offences
Act, R.S.O. 1990, c. P33, as amended.
iii) That Section 5 be repealed and replaced with the following:
All provisions of this by-law may be enforced by a By-law Enforcement
Officer of The Corporation of the Municipality of Kincardine.
•
2. This by-law shall come into full force and effect upon its final passing.
Page 2 of 2
Prohibit Overnight Camping in Public Places and Municipal Parks
Amendment (1) By-law
By-law No. 2021 - 106
3. This by-law may be cited as the “Prohibit Overnight Camping in Public Places
and Municipal Parks Amendment (1) By-law”.
READ a FIRST and SECOND TIME this 14th day of June, 2021.
READ a THIRD TIME and FINALLY PASSED this 14th day of June, 2021.
Mayor Clerk