HomeMy WebLinkAboutCLD-018-07
,ClwJl1gton
REPORT
CLERK'S DEPARTMENT
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, May 7, 2007 '~~\vJ;O(\ *E\PA":.34-:2-0'7
Report #: CLD-O 18-07
File #:
By-law #:
Subject:
PROPOSED ELECTION SIGN BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-018-07 be received;
2. THAT the By-law regulating election signs attached to Report CLD-018-07 as Attachment
NO.1 be forwarded to Council for approval; and
3. THAT a copy of Report CLD-018-07 be forwarded to the Region of Durham.
Reviewed bYO ~----t5k
Franklin Wu,
Chief Administrative Officer
PLB/LC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: CLD-018-07
PAGE 2
1. BACKGROUND
During the recent municipal election staff received numerous complaints from citizens and
candidates about the visual affect of allowing unrestricted sign placement on municipal
property and road allowances.
The current Sign By-law 97-157 deals, in part, with election signs. It sets out time, size
and location restrictions for election signs. In order to clarify and consolidate these
requirements, a new by-law is proposed to deal exclusively with election signs.
The Municipal Act, S.D. 2001 allows a municipality to pass a by-law regulating signs and
other advertising devices, including any printed matter, oral or other communication or
thing for any subject. In the case of the proposed by-law, the intention is to regulate only
signs related to or used for the election of candidates or for advertising a position on a
question which has been placed before the electors.
The proposed by-law will apply to all federal, provincial and municipal elections. The
by-law is intended to create a fair and level playing field for all candidates by setting firm
restrictions on sizes, locations and duration of signage. Without these controls the
landscape quickly becomes cluttered with signs creating visual distractions and safety
hazards for motorists and the general public.
Once erected, many of these signs are forgotten and never retrieved. Often these must
be removed by municipal staff at municipal expence. The proposed Election Sign By-law
will authorize the Municipality to enter land and pull down or remove any election sign
erected or displayed in contravention of the by-law, at the expense of the candidate.
2. WHAT IS COVERED
The proposed by-law extends to any form of signage used for promoting a candidate or
an issue in an election. The by-law does not cover items which are mailed out or
REPORT NO.: CLD-018-07
PAGE 3
distributed by hand to an individual, only those things posted or displayed. The size of
the permitted signs does not vary greatly from the existing Sign By-law restrictions.
In reference to locations, the proposed by-law will prohibit the placement of any election
signs on roadsides or on any municipal property. This is an approach that has been
successfully taken by the Cities of Barrie, Mississauga, and Brampton among others. On
April 16th the City of Pickering passed a Resolution banning all election signs on
boulevards and municipal public property. This Resoultion has been forwarded to the
Region of Durham with a request that they impliment a similar ban.
The proposed By-law will also set a limit on the number of election signs which can be
placed in anyone location. Election signs will be restricted to private property only and
their numbers will be limited. Residential properties may display no more than two signs
per dwelling unit. All other properties may display a maximum of three per property.
In previous elections, staff have received complaints about candidate signs being placed
in front of the home of someone who supports another candidate or party. The proposed
by-law will require that the occupant of the dwelling unit must agree to the sign on his or
her property. If there is no agreement, the sign may be removed by the Municipality at
the candidate's cost.
Vehicle wraps are a new form of advertising which are also covered in this proposed
by-law along with other forms of Vehicle Election Signs. Section 48 of the Municipal
Elections Act, 1996, prevents anyone from attempting directly or indirectly influencing an
elector and prohibits the display of election campaign material or literature in a voting
place.
As the Municipal Administrative Centre is used as a voting place during municipal
elections, the proposed by-law will prohibit the parking or placing of any vehicle displaying
a Vehicle Election Sign within a one block radius of the Municipal Administrative Centre at
40 Temperance Street Bowmanville, on the Voting Day or on any Advance Voting Day of
REPORT NO.: CLD-018-07
PAGE 4
a Municipal Election or on the property of any Polling Place on the Voting Day or on any
Advance Voting Day of a federal or provincial election. Any vehicles found in
contravention of this restriction will be towed at the owner's expense.
Candidates and those registered persons seeking to influence another person to vote for
or against any question or by-law submitted to the electors may have campaign offices.
The proposed by-law will allow for signs to be erected on or at the offices once a
municipal candidate has filed his or her nomination papers or registered as an agent for a
question to be placed before the electors. Since most campaign offices are on
commercial properties, the Campaign Office signs shall not be calculated in the maximum
permitted number for that property.
Signs identifying the candidate's campaign office may only specify the candidate's name,
the office they are seeking or the registered position on a question or by-law and any
other contact infomrmation the candidate wishes to include. In the case of a federal or
provincial Election, the sign may include the candidate's political affiliation.
3. TIMING
The proposed By-law prohibits the placing of any Election Signs until after Nomination
Day in the case of a municipal election. This allows each candidate 45 days to advertise
using signage and creates a common starting point for all candidates. The current Sign
By-law states that signs can be placed no sooner than 40 days prior to Voting Day. For
federal and provincial elections the proposed by-law allows that election signs may be
posted once the writ has been issued.
Timing for the placement of election signs for municipal elections varies across the
Region. For ease of reference a chart has been provided below showing the timetable
that was in place during the 2006 Municipal Elections and includes the proposed time
deadline:
REPORT NO.: CLD-01S-07
PAGE 5
2006 Municipal Election Timetable
PLACEMENT
MUNICIPALITY VOTING DEADLINE
METHOD (NO EARLIER THAN)
AJAX DIRECT NO TIME LIMIT
BROCK BY MAIL NO TIME LIMIT
SCUGOG BY MAIL SEPTEMBER 1 ST
UXBRIDGE BY MAIL SEPTEMBER 15TH
CLARINGTON
45 day limit BY MAIL SEPTEMBER 29TH
(As proposed)
PICKERING DIRECT OCTOBER 1 ST
WHITBY DIRECT OCTOBER 2ND
CLARINGTON
40 day limit BY MAIL OCTOBER 4TH
(Existing)
OSHAWA DIRECT OCTOBER 9TH
Currently, all election signs must be removed within 48 hours after Voting Day. The
proposed by-law will extend that time to three days after Voting Day. Any signs not
removed within that timeframe may be removed by the Municipality and will be subject the
same costs as for illegally placed signs.
4. FEES
Staff have conferred with the Director of Operations on the matter of fees for the removal
of illegal signs. The proposed by-law requires that all candidates in a federal or provincial
election will be required to submit a deposit of $300 prior to posting any election signs. In
the case of a municipal election, the $300 deposit will be due when the candidate files his
or her Nomination Papers.
REPORT NO.: CLD-018-07
PAGE 6
This money will be held by the Municipality and used to defray the costs of removal of
illegally placed signs, at a rate of $20 per sign. If the number of signs removed exceeds
the deposit, then the candidate will be charged for the extra signs at the current rate as
established by the Operations Department for sign removal. Any money remaining from
the deposit will be returned to the candidate, without interest, within 60 days following
Voting Day.
The $20 fee is in line with the practice of the City of Barrie and is lower than the actual
cost of removal. The intent is not to severely punish the candidate for possible errors by
his or her campaign workers but rather to place a value on the placement of the signs and
therefore an incentive to ensure that the candidates and their workers comply with the
by-law. It is anticipated that the candidate's staff will keep a close watch on the actions of
their campaign workers in order to keep the costs as low as possible. I n the event that
there are more than 15 spearate incidents, the removal cost will revert back to the
Operations Department's standard fee structure.
5. CONCLUSION
The proposed By-law will be a dramatic departure from previous practlice. It will greatly
reduce the number of election signs seen around the Municipality in the future. The
visual and physical pollution of the road allowances which was expereinced during the
last municipal election will be eliminated contributing to a greener, cleaner Clarington.
It is respectfully recommended that the attached by-law be forwarded to Council for
passage.
Attachments:
Attachment 1 proposed by-law
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-
Being a by-law to regulate Election Signs
WHEREAS Section 11(3) of the Municipal Act. S.D. 2001, as amended, states
that the municipality may pass by-laws respecting structures, including fences
and signs;
AND WHEREAS it is necessary to have an Election Sign By-law for the
Municipality of Clarington to ensure public safety on our roads and highways
during an election period.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS:
1.0 Definitions
"Campaign Office" shall mean the administrative office or offices for a
Candidate in an Election or for a question or by-law submitted to the electors.
"Candidate" shall have the same meaning as in the Canada Elections Act. the
Election Act (Ontario) or the Municipal Elections Act. 1996, as applicable, and
shall be deemed to include a person or agent for a registered person seeking to
influence another person to vote for or against any question or by-law submitted
to the electors.
"EJection" shall include any federal, provincial or municipal election or by-
election and any question or by-law submitted to the electors.
"EJection Sign" means any:
1 device advertising or promoting a Candidate in an Election;
2 device advertising, advocating or discouraging the public from voting for a
Candidate or political party in an Election or by-election;
3 sign or other advertising device, including without limitation, posters,
placards. bulletins, banners, notices, pictures, Vehicle Election Sign,
lettering or any combination thereof, which promote or relate to any
Candidate in an Election, including an election of a local board or
commission;
4 object or item that uses words, pictures or graphics or any combination
thereof intended to influence persons to vote for or against any question or
by-law submitted to electors under section 8 of the Municipal Elections
Act. 1996.
"Highway" shall have the same meaning as the Highway Traffic Act, RSO 1990
c.H.8, and includes the entire of the road allowance thereof.
"Mobile Election Sign" means any sign mounted on a trailer or other
freestanding structure, which is designed in such a matter so as to facilitate its
movement from place to place, but does not include a sign attached to a
motorized vehicle where the principle use of the vehicle is transportation of
people, goods or other materials.
"Municipal Clerk" shall mean the Municipal Clerk of the Corporation of the
Municipality of Clarington or the Deputy Clerk acting in place of the Municipal
Clerk in accordance with the Municipal Act.
"Municipal Law Enforcement Officer" shall mean a person appointed by the
Council of The Corporation of the Municipality of Clarington for the purpose of
enforcing Municipal by-laws and, for the purpose of this By-law, shall include the
Durham Regional Police.
"Person" shall include an individual, partnership, natural person, Candidate, his
or her agent or any representative of the Candidate.
"Public Park" means land and land covered by water and all portions thereof
owned or made available by lease, agreement, or otherwise to the Municipality,
that is or hereafter may be established, dedicated, set apart or made available for
use as woodlot, ravine, recreation centre, square, garden, walkway, water or any
other area in the Municipality, devoted to active or passive recreation.
"Public Property" means property owned by or under the control of the
Municipality of Clarington or any of its agencies, boards or commissions, and
includes any lands belonging to or owned by any Federal, Provincial or Regional
authority. This shall include public highways, and shall be deemed to include
Public Utility Poles, regardless of whether the poles are owned by or under the
control of the Municipality.
"Public Utility Pole" means a pole owned or controlled by an entity which
provides a Municipal, Regional or public utility service, including but not limited
to, street lights, stop lights, Bell Canada, Hydro One and any subsidiaries thereof.
"Road Allowance" shall mean that area between the edge of the traveled
portion of the roadway and the lateral property lines of the adjacent properties
and shall include any shoulder, ditch or boulevard.
"Sight Triangle" shall mean the triangular space formed at the corner of a road
by the property lines at the edge of the road allowance and a line drawn from a
. point on one property line to a point on the other property line. Where the two
property lines do not intersect at a point, the point of intersection of the property
lines shall be deemed to be the intersection of the projection of the property lines
or the intersection of the tangents of the property lines and shall extend from the
curb or edge of the traveled portion of one road to the curb or edge of the
traveled portion of the other road.
For the purposes of this by-law the distance along the property line shall be
measured at 7.5 metres (24.6 feet).
"Vehicle Election Sign" shall include any sign, poster, lettering, vehicle wrap,
bumper sticker or other device attached or affixed either temporarily or
permanently to a motor vehicle, trailer or any vehicle as defined in the Highway
Traffic Act, RSO 1990 cHB, whether actively being operated on the highway or
parked at any location.
"Voting Day" means the day on which the final vote is to be taken in an Election
pursuant to the relevant provincial or federal legislation and Polling Day and
Election Day shall have the same meaning.
2.0 General
2.1 No person shall erect, attach, place or display an Election Sign except as
permitted by this By-law.
2.2 This By-law shall not apply to signs erected, placed or displayed by the
Municipality of Clarington to provide information concerning the Election or
any part of the election process.
2.3 No person shall attach any Election Sign to a tree on any public property.
2.4 No person shall use, permit or cause to be erected or installed, any
Election Sign, Mobile Election Sign or Vehicle Election Sign which has any
of the following;
(a) flashing lights or rotating parts;
(b) illumination; or
(c) an appearance which simulates any traffic control device.
2.5 No person shall display the Municipality of Clarington logo, crest or seal in
whole or in part, on any Election Sign, Vehicle Election Sign or Mobile
Election Sign.
2.6 No person shall erect an Election Sign where it obstructs or interferes with
a door or fire escape of a building.
2.7 No person shall use, permit or cause to be erected or installed, an Election
Sign or Mobile Election Sign larger than 0.74 m2 (8 square feet) on a
residential property.
3.0 Election Silins on Public Propertv
3.1 No person shall, at any time, erect, display or place an Election Sign,
Vehicle Election Sign or Mobile Election in any Public Park or on Public
Property.
3.2 No person shall erect display or place or Election Signs, Vehicle Election
Signs or Mobile Election Signs on any municipal Highways, including
municipal Road Allowances.
3.3 Signs on regional or provincial roadways shall be placed in accordance
with the laws of the relevant prevailing authority.
3.4 No person shall attach an Election Sign to a Public Utility Pole, any official
sign or official sign structure, utility box, planter, bench, waste receptacle,
newspaper box, or mail box on a Road Allowance.
3.4 No person shall erect, display or place an Election Sign, Vehicle Election
Sign or Mobile Election Sign in a location that interferes with a fire hydrant.
4.0 Election Sians on Private ProDertv
4.1 No person shall use, permit or cause to be erected or installed, an Election
Sign or Mobile Election Sign on any private property without the consent of
the occupant of such property.
4.2 No person shall erect, place or display any more than two election signs per
Candidate per dwelling unit on any residential property.
4.3 No person shall erect, place or display any more than three Election Signs
per Candidate on any single commercial, industrial or agricultural private
property.
4.4 No person shall erect, display or place any Election Sign on the exterior
side of any fence without having first obtained the permission of the
occupants of the two adjoining properties.
5.0 Vehicle Election Sians
5.1 No person shall park or place any vehicle displaying a Vehicle Election
Sign within a one block radius of the Municipal Administrative Centre at 40
Temperance Street Bowmanville, on Voting Day.
5.2 No person shall, at any time on any Voting Day, including those days
when advance election voting is held, place an Election Sign, Vehicle
Election Sign or Mobile Election Sign, or cause the same to be placed on
any premises used as a polling piace for elections.
5.3 Any vehicle found in contravention of the provisions of sections 5.1 or 5.2
may be removed at the direction of the Municipal Law Enforcement
Officer, at the owner's expense. Such expenses shall not be deducted
from the required deposit as specified in Sections 9.1 or 9.2.
6.0 Election Sians on CamDaian Offices
6.1 Despite Sections 7.1 and 7.2, signs identifying the Campaign Offices may
be erected on the offices once the Candidate has filed his or her
nomination papers or registered as an agent for a question to be placed
before the electors. Such signs shall not be calculated in the maximum
permitted number specified in sections 4.1 and 4.2 of this By-law.
6.2 Signs identifying the Candidate's Campaign Office may only specify the
Candidate's name, the office they are seeking or the registered position on
a question or by-law, and any contact information as the Candidate wishes
to include. in the case of a federal or provincial Election the sign may
include the Candidate's political affiliation.
7.0 Timinll
7.1 No person shall erect or display an Election Sign, Vehicle Election Sign or
Mobile Election Sign for Municipal Election any earlier than forty-five days
before Voting Day.
7.2 No person shall erect or display an Election Sign, Vehicle Election Sign or
Mobile Election Sign for a federal or provincial election until the day that
the writ of election is issued.
7.3 All Election Signs, Vehicle Election Sign and Mobile Election Signs shall
be removed no later than three (3) days following the Voting Day of the
Election for which the signs were erected or installed. For the purpose of
this subsection, the Candidate shall be responsible for the removal of his
or her Signs within the prescribed time frame. Failure to comply with this
provision is an offence.
8.0 DeDosits Reauired
8.1 In the case of a Municipal Election, the Candidate, or his or her agent,
shall, at the time of filing their Nomination papers, submit a deposit in the
amount of $260.00 to the Municipality to cover the cost of removal of
illegally placed signs.
8.2 In the case of a Federal or Provincial Election, the Candidate, or his or her
agent, shall make the required $260.00 deposit with the Municipaiity prior
to the erection or placement of any Election Signs, Mobile Election Signs
or Vehicle Election Signs.
8.3 Sixty days after the day of the Voting Day, the deposit, less any amount
deducted to cover the removal of illegally placed signs or signs not
removed in accordance with the requirements of the By-law shall be
retumed to the Candidate.
9.0 Removal of Unlawful Election Sians
9.1 Any Election Si9nS, Vehicle Election Signs or Mobile Election Signs for
any Election, erected or installed in violation of this by-law shall be
removed under the direction of the Municipal Law Enforcement Officer and
any costs associated with this removal shall be deducted from the sign
permit deposit fee at a cost of $20.00 per sign.
9.2 If a sign is erected or displayed in violation of this by-law, the staff of the
Operations Department shall, upon direction of the Municipal Law
Enforcement Officer, cause the sign to be removed.
9.3 Operations staff shall take the signs to a secure facility where the
candidate or his or her agent may retrieve them. The signs shall be held
for 30 days after which time they may be destroyed.
9.4 In the event that the number of signs removed exceeds the amount of the
deposit, the Candidate shall be billed for the extra sign removals in
accordance with the Operations Department's current fees for the removai
of any other sign.
10.0 Penaltv
10.1 Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction, is liable to the penalties specified by the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
11.0 Liabilitv for Damaaes
11 .1 The provisions of this by-law shall not be construed as relieving or limiting
the responsibility or liability of any person erecting or owning any sign for
personal injury or property damage resulting from the placing of such
signs or resulting from the negligence or willful acts of such person, or his
or her agents or employees, in the construction, erection, maintenance,
repair or removal of such signs.
12.0 Precedence over Election Sian Provisions in other Bv-Laws
12.1 In the event of a conflict between this By-law and the provisions of another
By-law of the Municipality of Clarington regulating signs, including Election
Signs, the provisions of this By-law prevail.
13.0 Severabilitv
13.1 If a court of competent jurisdiction should declare any provision or part of a
section of this By-law to be invalid, the same shall not affect the validity of
this By-law as a whole or any other part thereof. other that the part so
declared to be invalid.
14.0 Effective Date
14.1 This by-law shaii take effect on the date of passage by Council.
READ a first time this th day of May 2007.
READ a second time this th day of May 2007
READ a third time and passed this
th day of May 2007
Mayor
Municipal Clerk