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HomeMy WebLinkAboutCLD-022-09 ,Cl~illgton Staff Report # 2 REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Reso{v-hon'* C - 594-0] c- 59S'-{), Date: Tuesday, October 13, 2009 Report #: CLD-022-09 File #: By-law #: Subject: PROPOSED ELECTION SIGN BY-LAW RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-022-09 be received; 2. THAT Council approve in principle the proposed Sign By-law regulations pertaining to elections signs as detailed in Report CLD-022-09; 3. THAT, upon final review of the municipal Solicitor, the appropriate by-law be forwarded to Council for approval, and 4. THAT the interested parties listed in Report CLD-022-09 be advised of Council's action. \ Submitted b~'{ LcO-:fA5L ~ Patti L. Barrie, CMO J Municipal Clerk R. d bJI-c--LQ ~ (,/:<- eVlewe y. 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-022-09 PAGE 2 1. BACKGROUND During the last municipal election staff received numerous complaints from citizens and candidates about the visual effect of allowing unrestricted sign placement on municipal property and road allowances. At that time staff identified the need for a new Sign By-law and work began to review, consult and seek public input. In June 2009 Council passed Resolution #C-339-09 requiring "THA T the Municipal Clerk be directed to arrange for and schedule a Special Meeting of Council for the purpose of educating Members of Council on the methods of conducting the 2010 Municipal Elections under consideration, including signage." In developing the by-law staff had occasion to review the comments from the Public Information Sessions that were held prior to the enactment of the Municipal Sign By-law. Staff have also taken part in discussions with the Region of Durham and all the Municipalities in the Region to try to harmonize the enforcement of elections signs across Durham. Some of the suggestions from those meetings have been incorporated into the proposed by-law. 2. WHAT IS COVERED The proposed by-law extends to any form of signage used for promoting a candidate or a position on a question or by-law in an election. The by-law does not cover items which are mailed out or distributed by hand to an individual, only those things posted or displayed. The size of the permitted signs does not vary greatly from the Sign By-law restrictions which were in force during the last Municipal Election. In other jurisdictions there have been successful Charter challenges where signs have been totally banned. The courts have held that while the signs cannot be totally banned from public property they can be regulated and restricted. Staff have also heard from individuals and two federal political parties requesting a relaxed approach to sign placement to ensure that lesser known parties or positions have an opportunity to "get their message out". This request must be balanced against the needs of the Municipality REPORT NO.: CLD-022-09 PAGE 3 to control visual distractions for drivers safety and reduce the clutter which often results from unrestricted sign placement. The proposed by-law will prohibit the placement of any election signs only on roadsides or any road allowance which is under Municipal jurisdiction. The Region has indicated that it is their intent to continue to allow election signs on Regional Roads. By restricting the signs to Regional Roads, the level of congestion will be greatly decreased but should still provide sufficient opportunity for candidates to promote their campaign. . 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 between these parties, the sign may be removed by the Municipality at the candidate's cost. Vehicle wraps are a relatively 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 has been used as a voting place during municipal elections, and will continue to operate at the Election Headquarters 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 a Municipal Election or on the property of any Voting 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 REPORT NO.: CLD-022-09 PAGE 4 municipal candidate has filed his or her nomination papers or registered as an agent for a question to be placed before the electors. Any Campaign Office sign will have to comply with all the provisions of Sign By-law 2009-123 including Permits where necessary. 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 information the candidate wishes to include. In the case of a federal or provincial Election, the sign may include the candidate's political affiliation. For ease of reference a Table has been attached to this By-law (Attachment 1 )which highlights the primary principles of the proposed by-law. 3. TIMING The proposed by-law prohibits the placing of any Election Signs more than forty-five days prior to any Advanced Voting opportunity. Phasing the restriction provides flexibility in that it allows a uniform period regardless of the method of voting. Should the Municipality change its method of voting, the forty-five day limit would still be valid. For federal and provincial elections the proposed by-law allows that election signs may be posted once the writ has been issued. 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 The proposed by-law requires that all candidates in a federal or provincial election will be required to submit a deposit of $260 prior to posting any election signs. In the case of a municipal election, the $260 deposit will be due when the candidate files his or her Nomination Papers. REPORT NO.: CLD-022-09 PAGE 5 This money will be held by the Municipality. It will be a means of defraying the cost of removing illegally placed signs and is intended to act as an incentive to the Candidate to adhere to the requirements of the by-law. If the number of signs removed exceeds the deposit, then the Candidate will be charged for the extra signs. Any money remaining from the deposit will be returned to the candidate, without interest, within 60 days following Voting Day. Where the Operations Department has had to act to remove a sign on the Municipality's behalf, the actual cost of the removal can also be billed to the Candidate at the current rate as established by the Operations Department for sign removal. A fee of $20 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. 5. CONCLUSION Discussions with the Region of Durham are ongoing and there may be more changes in the Region's approach to the issue in the near future. Based on discussions to date the proposals are in line with the by-laws and proposals of the other Municipalities within the Region. The proposed by-law will be a dramatic departure from previous practice. It will greatly reduce the visual and physical pollution of the road allowances which was experienced during the last municipal election. It addresses the concerns which were raised by residents during the public meetings while providing a fair opportunity for all candidates to promote their campaign. REPORT NO.: CLD-022-09 PAGE 6 It is respectfully recommended that the attached by-law be endorsed in principle and forwarded to the Municipal Solicitor for his review and comment. Attachments: Principles of Proposed By-law Interested Parties: Judy Climenhage Dave Daidson Marion Manders Elva Reid Sue Wiegan The Green Party of Canada The Christian Heritage Party REPORT NO.: CLD-022-09 PAGE 7 Principles of Proposed Bv-Iaw Definitions The definitions within the proposed by-law will expand upon those listed in the current Sign By- law by adding specific definitions for Campaign office, election signs and what will be considered to be an Election Sign, Voting Day and Voting Place. General The general provisions will speak to the prohibition on attaching election signs on trees on public property, the use of flashing or rotating lights and any form of illumination which may simulate or interfere with any traffic control device. The use of the Municipality of Clarington's logo, crest and seal are prohibited. In order to ensure fire safety election signs will not be permitted within 1 metre of a fire exit, fire escape or a fire hydrant. The size of the election signs will mirror those requirements set out in the current Sign By-law 2009-123. In addition to these requirements, the Candidate will be responsible for the appearance of hi or her signs and must maintain them in good order and clean condition. Signs of Public Property Signs will not be permitted in any Public Park of any Public Property owned by the Municipality. Signs will also not be permitted on any road allowance or highway under the jurisdiction of the Municipality. Signs will not be allowed on any traffic control signs or sign structures. Safety concerns for proper visibility at intersections will mean that signs will not be allowed within the Visibility Triangles at intersections. Election Signs will be permitted on public utility poles, in accordance with the rulings of the Ontario courts, provided they do not form a visibility hazard. Signs will also be permitted on all Regional and Provincial roads and the Region's and the Province's rules shall apply. REPORT NO.: CLD-022-09 PAGE 8 Signs on Private Property The placement of signs on private property will be left to the discretion of the owners and occupants of the property. The Municipality will not restrict their freedom of expression. Signs will not however be allowed on the exterior side of fences. Prohibited Locations Vehicle Election signs will not be permitted within a one block radius of the Municipal Administration Centre at 40 Temperance Street or any other Voting Place on any Voting Day. This is in accordance with the principle that the voter has the right to be unimpeded and unduly influenced he or she proceeds to vote. Campaign Offices Campaign Office signs may be erected once a candidate has filed his or her nomination papers. The Office sign will identify the Candidate by name, the office they are running for or their registered position of a question or by-law and any contact information. In the case of a federal or provincial election the Office sign may also list their party affiliation. Since size and location details for wall signs and identification signs vary across the Municipality, in all cases the particular characteristics of the sign will be governed by the Municipal Sign By-law. Timing So as not to tie or restrict the sign provisions to any particular method of conducting a vote, the by-law proposes that signs not be erected until 45 days prior to the first Advanced Voting opportunity in the case of a municipal election. For federal and provincial elections the earliest permitted date is the day that the writ of election is issued. In all cases all election signs will have to be removed no later than three days following Voting day. Deposits and Penalties Each candidate will be required to submit an Administrative Fee Deposit of $260.00. This will be held until 60 days after the election. Any time a Candidate's sign has to be removed for failure to comply with the provisions of the By-law an Administration Fee of $20 will be charged against the Candidate. REPORT NO.: CLD-022-09 PAGE 9 Once removed the signs will be held for up to 30 days during which time the candidate may retrieve them from the Operations Department. The Candidate will be liable for any all damage caused by the placement or removal of his or her signs. If the signs are not retrieved within the 30 day period they will be destroyed with no compensation to the Candidate.. 60 days after the election, the Administrative Fee Deposit will be returned without interest less any monies previously deducted. The Candidate will also be separately liable for the cost of any Operations Department equipment required to remove an illegal sign. Failure to comply with the provisions of the by-law could result in charges laid against the Candidate, their agent or both. The maximum penalty would be a fine not in excess of $5,000.