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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 KBT ipa ..T1t_l 10014 111 4N/�jp� 100' rgi 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 ii) That Section 4 be repealed and replaced with the following: Every person(s) who violates a provision of this by-law is guilty of an offence and subject to penalties as prescribed in the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 iii) That Section 5 be repealed and replaced with the following: All provisions of this by-law may be enforced by a By-law Enforcement Officer of The Corporation of the Municipality of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