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HomeMy WebLinkAboutBy-law 4665/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4 6 6 5/9 5 Being a by-law to amend By-law 1562/82 temporarily closing roads for construction purposes (Fairport Road; Dixie Road). WHEREAS, pursuant to the provisions of the predecessor of section 208.43 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Picketing enacted By-law 1562/82, providing for the temporary closing of roads under the jurisdiction of the Town for construction purposes; AND WHEREAS, it is necessary to amend that By-law in certain respects; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1562/82 is hereby amended by adding thereto items 185, 186, 187 and 188, set out in Schedule I to this by-law. BY-LAW read a first, second and third time and finally passed this 8th day of August, 1995. Wayne Arthp~, Mayor -Bvuee--Ta3dor, Clerk c-"w~;a%,r~ TOWN OF PICKERING LEGAL DEPT. 1.1.1 0 ~ .~ .~ ,~.~ w ~ . .~ ~.~ FROM: Penny L. Wyger DATE: August 3, 1995 Town Solicitor REPORTNUMBER: L 69/95 SUBJECT: Roads - Temporary Closing for Construction Purposes - File W2303 (1) RECOMMENDATION: A by-law should be enacted to amend By-law 1562/82 to provide for the temporary closing of a portion of Fairport Road and Dixie Road for construction purposes on August 14-15, 1995 and August 21-22, 1995. ORIGIN: Request from Town Clerk dated August 3, 1995. AUTHORITY: MunicipalAct, R.S.O. 1990, chapter M.45, section 208.43. FINANCIAL IMPLICATIONS: There are no direct financial costs or revenues associated with the passage of this by-law or with the implementation of it; however, its existence, in conjunction with the erection and maintenance of tile appropriate signs, protects the Town from liability for damages sustained by any person using the temporarily closed road. BACKGROUND: In order to give the Town the protection referred to under "Financial Implications" above, an amendment to By-law 1562/82 is required. The temporary closure of a portion of Fairport Road and Dixie Road is required to facilitate maintenance to the railroad crossings by CP Rail. It should be noted that those portions of Fairport Road and Dixie Road will only be closed for approximately 8 hours on each of the days outlined in the schedule attached to the by-law herein. During these times, closing signs will be erected and only during the times that such signs are in place will the by-law impose a penalty upon any person convicted of using the road in contravention of those signs. ATTACHMENTS: 1. Draft By-law. 2. Location map. 3. Copy of By-law 1562/82, without Schedule A. ADuT:al~nments Pen~er~5v'~ Copy: Director of Planning Director of Public Works Director of Transportation Fire Chief ~ .,:::::~:5~:::''' I .,-~,/ ~s,o~[~ ~ IIII LIMIT OF _ ~1, The Town of Pickering ~s LEGAL SERVICES DEPARTMENT - T~r~ Clos~g for ~ns~ction ~s~ ~i / ,':,°11 II\ x CI~.ANO VALLtY :~ / ,~Z' IIIIc~~ ~ -~ -' The Town of Pickering ~ads LEGAL SERVICES DEPARTMENT - T~r~ C~os~g for ~c~on THE CORPORATION OF THE TOWN OF PICKERING - / Being a by-law for closing temporarily to all traffic for construction purposes portions of highways under the Town's jurisdiction. WHEREAS, pursuant to the provisions of section 208.43 of the Municipal Act, R.S.O. 1980, chapter 302, by-laws may be passed by the council of a municipality for closing temporarily any highway or portion of a highway under the jurisdiction of the municipality for any period during the construction, repairing or improvement of such highway or portion thereof or of any works under, over, along, across or upon such highway or portion thereof; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. Those highways or portions of highways set out in Colunm I of Schedule A attached hereto shall be temporarily closed to traffic between those limits set out in Column II therein, during those hours set out in Column III therein, on those days set out in Column IV therein, for the period of time set out in Column V therein. 2. While a highway or portion thereof is closed to traffic pursuant to section I, above, there shall be erected at each end of such highway or portion thereof, and where an alternative route deviates therefrom, 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. 3. Every person who uses a highway or portion of a highway while it is closed to traffic pursuant to this by-law does so at his own risk and the Town is not liable for any damages sustained by a person using the highway or portion thereof so closed to traffic. 4. Every person who without lawful authority uses a highway or portion thereof closed to traffic pursuant to this by-law and while it is protected in accordance with this by-law, or who removes or defaces any barricade, device, detour sign or notice placed thereon by lawful authority, is guilty of an offence and on conviction is liable to a penalty of not more than $50.00 and is also liable to the Town for any damage or injury occasioned by such wrongful use, removal or defacement. 4. This by-law shall not operate to close temporarily for a specified period of time in excess of seventy-two hours, any highway or portion thereof that enters upon or intersects the King's Highway without the consent of the Minister of Transportation and Communications, pursuant to section 24 of the Public Transportation and Highway Improvement Act, R.S.O. 1980, chapter 421, and the registration of the by-law in the Land Registry Office. BY-LAW read a first, second and third time and finally passed this 4th day of October, 1982. "John E. Anderson". Mayor (Signed) "Bruce Taylor". Town Clerk (Signed)