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HomeMy WebLinkAbout92-155 ,~ . "-I' {. . ~ 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 .. ./2 . .....: .1.. I l ., ~ .. '.,' * .../3 (b) (c) ( d) (e) (f) - 2 - 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, t' .,- ~ P<"_ oil ,r. ., Ii< . t'. ," . . . - 3 - 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. b4/(~4~.& MAYOR ~~-/ ~EPUTY CLERK