HomeMy WebLinkAbout21 107 Public Nuisance Amendment (2) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 107
BEING A BY-LAW TO AMEND BY-LAW NO. 2013-073; BEING A BY-LAW TO
PROHIBIT OR REGULATE PUBLIC NUISANCES WITHIN
THE MUNICIPALITY OF KINCARDINE
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 the Council of the Corporation of the Municipality of Kincardine
passed By-law No. 2013 - 073, the Public Nuisance By-Law on June 12, 2013;
AND WHEREAS the Council deems it necessary to amend By-law No. 2013 - 073
to include additional enforcement;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That By-law No. 2013 - 073, Public Nuisance By-law be amended as follows:
i. That Section 7.1 be repealed and replaced with:
The Detachment Commander or designate, or the Director or
designate, may temporarily close any highway or portion thereof to
public travel under this by -law where a Public Nuisance is occurring
on or adjacent to the Highway by placing a notice on the Highway to
be closed in accordance with the Municipal Act, 2001
ii. That Section 7.2 be repealed and replaced with:
Where a highway or portion has been closed under this By-law, the
common law right of passage by the public over the highway and the
common law right of access to the highway by an owner of land
abutting the highway are restricted, as directed by the Detachment
Commander or designate, or the Director or designate.
iii. That Section 7.3 be repealed and replaced with:
No person shall use a highway or portion of a highway that has been
closed under this By-law except with lawful authority or in accordance
with the direction of the Detachment Commander or designate, or the
Director or designate.
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Public Nuisance Amendment (2) By-law
By- law No. 2021 - 107
iv. That Section 8.1 be repealed and replaced with:
The provisions of this By -law may be enforced by a By-law
Enforcement Officer appointed by the Municipality of Kincardine, the
Detachment Commander or designate, or other duly appointed
person for the purpose of enforcing this By -law.
v. That Section 8.2 be repealed and replaced with:
A By-law Enforcement Officer appointed by the Municipality of
Kincardine or the Detachment Commander, or designate may carry
out an inspection to determine whether the provisions of this By -law
are being complied with in accordance with the Act.
2. This by-law shall come into full force and effect upon its final passage.This
by-law may be cited as the “Public Nuisance Amendment (2) 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