HomeMy WebLinkAbout92-155
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THE CORPORATION OF. THE TOWN OF NEWCASTLE
BY-LAW NO. 92-155
Being a by-law to amend By-law No. 83-57, as
amended, and to amend By-law No. 83-32.
WHEREAS Council considers it to be expedient to amend By-law No.
83-57 and to amend By-law No. 83-32,
NOW THEREFORE the Council of The Corporation of the Town of
Newcastle enacts as follows:
1. By-law No. 83-57, being "a by-law to regulate the temporary
closure or occupancy of highways in the Town of Newcastle",
is amended by:
(a) deleting section I therefore and replacing it with
subsections 1(1), 1(2), 1(3) and 1(4) as follows:
"Road Occupancy
1 ( 1) For the purpose of this by-law the term ' road
occupancy' includes the acts referred to in
subsection 1 (2) of this By-law and also includes the
following when undertaken on or over a highway,
bridge, road allowance or street shown on a plan of
subdivision which is owned by The Corporation of the
Town of Newcastle:
(a) the erection of a mailbox, gatepost, or other
installation;
(b) construction of any works which construction
in any way results in the disturbance or
al teration of the condition of the highway,
bridge, road allowance or street from the
condition it was in immediately prior to the
commencement of such construction;
(c) the installation of drainage crossings or
outlets;
(d) the provision of access to lands via unopened
or unmaintained road allowances owned by The
Corporation of the Town of Newcastle where
there is no alternate access available from an
opened highway in respect of which the duty of
repairing and maintaining the highway has been
assumed by The Corporation of the Town of
Newcastle;
(e) the installation or maintenance of utility
services or cable television facilities on any
of them;
(f) the use of any of them for parades, assemblies
or for the sale of goods or services; and
(g) the use of any of them as a route for the
moving of heavy, irregular or unusual loads,
objects or vehicles, where such use will
restrict or preclude their normal use at the
same time by makers of the public, provided
that this clause I(l)(g) does not apply to the
transport of ordinary agricultural equipment
or livestock or to other farm-related
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(b)
(c)
( d)
(e)
(f)
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activities, if the use of the highway, bridge,
road allowance or street is essential to the
ordinary operation and maintenance of an
agricul tural enterprise owned or managed by
the person by or on whose behalf the equipment
or livestock in question is transported, or the
farm-related activities in question are
conducted.
1 (2) Except in accordance with the provisions of this by-
law, no person shall temporarily close, obstruct,
encumber, injure or foul any highway, bridge, road
allowance, street shown on a registered plan of
subdivision, or any part of any of them in the Town
of Newcastle by placing, constructing or installing
any tent, lean-to, fence, structure, or any chattel,
or excavate or in anyway disturb the surface or the
soil or material thereon including installing or
repairing any public utility thereon, or in other
manner undertake a road occupancy.
1(3) Without derogating from any other provision of this
by-law, the undertaking of a road occupancy
otherwise than in compliance with subsection 1(2)
of this by-law is declared to be a public nuisance
and any person who has undertaken any such road
occupancy shall forthwith abate the public nuisance
at his expense by removing the obstruction,
encumbrance, injury or fouling and restore the
highway, bridge, road allowance or street in
question to the condition that it was in immediately
prior to the commencement of the road occupancy in
question.
1(4) If any person fails to forthwith abate a public
nuisance as is required by and in accordance with
subsection I ( 3 ) of this by-law the Director of
Public Works of The Corporation of the Town of
Newcastle is authorized to abate such public
nuisance at the expense of the person who has failed
to abate the public nuisance in question, and The
Corporation of the Town of Newcastle may recover the
expense incurred in doing so by action commenced
against the person who has so failed to abate the
public nuisance.";
deleting from subsection 11(5) thereof the words, "and
the terms of the Policy in respect of Road Occupancy";
deleting from subsection 111(10) thereof the words, "and
Town Policy";
deleting from subsection V ( 1) thereof the words, "and the
Policy" ;
deleting from subsection V(2) thereof the words which
follow the word, "load", and replacing it with the
following words, "referred to in subsection I(l)(g) of
this by-law"; and
deleting section VII thereof and replacing it with a new
section VII as follows:
"It is declared that if any section, paragraph or
clause or a portion or portions of any of them
contained in this By-law should be held by a Court
of competent jurisdiction to be invalid in whole or
in part, the validity of other sections, paragraphs,
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clauses or portions of any of them contained in this
By-law shall not be affected thereby, the intention
of Council being that all other sections, paragraphs
and clauses and portions of any them contained in
this By-law are to be considered to be valid and
enforceable."
2 . By-law No. 83-32, being "a by-law to establish a policy in
respect of occupancy of municipal roads and rights-of-way" is
amended by adding thereto a new section 2 as follows:
"2. THAT in the event of any conflict between the
provision of "Schedule A" attached to this by-law
and the provisions of By-law No. 83-57, as amended,
the provisions of By-law No. 83-57, as amended shall
prevail."
BY-LAW read a first and second time this 22nd day of June, 1992.
BY-LAW read a third time and finally passed this 22nd day of June,
1992.
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MAYOR
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~EPUTY CLERK