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HomeMy WebLinkAboutCLD-022-09 AddendumUnfinished Business CI~t"lit~0lt REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Feb. 1, 2010 Resolution#: ~Pg"~~0~"~a By-law#: o~OIO-d/5 Report: Addendum to File#: CLD-022-09 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 the Addendum to Report CLD-022-09 be received; 2. THAT the Election Sign By-law attached to Addendum to Report CLD-022-09, as Attachment 3, be forwarded to Council for passage; and, 3. THAT the interested parties listed in the Addendum to Report CLD-022-09 be advised of Council's action. Submitted by: PLB/LC Reviewed by: ~~ ~ ?~-T~t. ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 REPORT NO.: Addendum to Report CLD-022-09 PAGE 2 1. BACKGROUND In October 2009 Report CLD-022-09 addressing a by-law to regulate election signs was presented to Council. At that time, Resolution #C-628-09 was passed requiring: "THAT the election sign regulations continue as per the current by-law; THAT staff investigate a separation distance similar to the provisions of the Region of Durham's By-law regarding Election signs on Regional Roads and report back; and THAT staff report back on sight lines to ensure thaf safety issues are addressed." On December 16, 2009, Regional Council approved a Regional Works recommendation to amend By-law 79-95 "to provide for additional controls on temporary signs placed on Regional road allowances during the course of elections." A copy of the Region's new By-law 64-2009 is attached to this report for Council's reference. (Attachment 1) 2. WHAT IS COVERED Clarington's new Sign By-law was passed on September 21, 2009, and came into full force on January 1 of this year. At that time, Council was advised that the election sign provisions would be forthcoming. Given Council's direction as set out above in Resolution #C-628-09, the by-law being proposed mirrors the one that was in effect in the last election. The 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 currently in force in the Clarington Sign By-law 2009-123 does not vary greatly from the Sign By-law restrictions which were in force during the last Municipal Election. REPORT NO.: Addendum to Report CLD-022-09 PAGE 3 3. SEPARATION DISTANCES - REGION OF DURHAM REQUIREMENTS When the original proposed by-law was presented to Council in October, staff 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 to control visual distractions for drivers' safety and reduce the clutter which often results from unrestricted sign placement. In order to help reduce this problem, the Region has imposed a 500 metre separation between signs for the same candidate. This allows for greater exposure and fairness for all candidates by preventing one or two from overtaking an area by blanketing it with their particular signs thus eliminating the opportunity for any other candidate to place a sign. This provision from the Regional by-law has been included in the local by-law, ensuring a consistent approach for all candidates at all locations. No candidate is unduly advantaged or restricted by the proximity or number of Regional roads within their Ward. This also provides an added benefit for campaign workers who will not have to be concerned about whether they are erecting a sign on a Regional or local road with different requirements. 4. GENERAL PROVISIONS The proposed by-law will continue the restrictions set out in former Sign By-law 97-157. Signs will again be permitted on the side of municipal road allowances, subject to setback requirements. In areas where there is a curb, the signs will continue to have a minimum 1 metre setback from the curb while roadways without curbs have a 3 metre setback. REPORT NO.: Addendum to Report CLD-022-09 PAGE 4 Vehicle wraps are a relatively new form of advertising which is 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 in a voting place and prohibits the display of election campaign material or literature in a voting place. The by-law prohibits the parking of a vehicle displaying an election sign or vehicle wrap at a voting place. For ease of reference a description of the primary principles of the proposed by-law has been attached to this report (Attachment 2). In the previous by-law, many of the regulations surrounding elections and election signage were scattered throughout the By-law. The intent in the new by-law is to centralize the issues as much as possible. Signs relating to campaign offices are one of the areas where the control provisions will be centralized. As in previous elections, Campaign Office signs will continue to only show the candidate's name and position that they are running for and any contact information which the candidate wishes to provide. 5. TIMING As was the case in the previous by-law, the proposed by-law prohibits the placing of any Election Signs more than 42 days prior to Voting Day (September 13 for the 2010 Municipal Election). 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. This timeframe is continued in the new by-law. Any signs not removed within that time may be removed by the Municipality and will be subject the same costs as for illegally placed signs. REPORT NO.: Addendum to Report CLD-022-09 PAGE 5 6. CONCLUSION The proposed by-law will reflect Clarington's previous practices and will bring the by- law into parity with the Region's new restrictions. It will greatly reduce the visual and physical pollution of the road allowances which has been experienced during past municipal elections and addresses the concerns which were raised by residents during the public meetings while providing a fair opportunity for all candidates to promote their campaign. It is respectfully recommended that the proposed by-law (Attachment 3) be forwarded to Council for passage. Attachments: Attachment 1 -The Regional Municipality of Durham By-law 64-2009 Attachment 2 -Principles of Proposed By-law Attachment 3 -Proposed Amendment to By-law 2009-123 Attachment 4 -Report CLD-022-09 Interested Parties: Judy Climenhage Dave Davidson Marion Manders Elva Reid Sue Wiegard, Orono Times Louis Bertrand, President, The Green Party of Canada Vicki Gunn, The Christian Heritage Party Cathy Abraham Artap)~ur ^# ~~ roL BY-LAW N0.64.2009 REPORT # OF C~0-Oaa -6 9 THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to amend By-law No. 79-95, which regulates temporary signs and other advertising devices on or adjacent to Regional roads. NOW, THEREFORE, BE IT ENACTED as a By-law of the Regional Municipality of Durham through its Council thereof as follows that: 1. Section 8.02, clause (d) of By-law 79-95 be deleted and the following clause be substituted therefore: 8.02 (d) any legal public election Sign provided such sign is erected in compliance with subsections 2.02 and 2.03; 2. The following be added to By-law 79-95: ELECTION SIGNS 2.02 Signs erected for the purposes of an election are permitted to remain in their original location for more than 72 hours subject to the following: (a) The sign is erected for the purpose of promoting a candidate in a federal, provincial or municipal election, including an election of a local board or commission, or is intended to influence persons to vote for or against any candidate or any question or by-law submitted to electors under section 8 of the Municipal Elections Act, 1996; (b) All persons wishing to erect signs pursuant to this section must provide the name of a representative who will be considered a candidate for the purposes of sections 2.02 and 2.03, whether that person is a candidate in the election or the representative of a group of persons advocating a position in the election; (c) All of the criteria in section 2.01, with the exception of clause 2.01 (d) must be met; (d) Signs for provincial or federal elections shall not be erected until the day the writ of the election is issued; (e) Signs for municipal elections shall not be erected until the later of: a. 42 days in advance of the last polling day for the election; OR b. The first date on which a local area municipal by-law permits election signs to be erected within that local area municipality. (f) Any person erecting a sign must have on their person at the time that the sign is being erected a copy of Schedule 'A' to this by-law which provides a list of applicable criteria and all such persons must be familiar with the criteria; and (g) Signs shall be removed within 48 hours of the last polling day; ELECTION SIGNS -REMOVAL AND STORAGE CHARGES 2.03 Any election sign found to 6e in violation of this by-law will be removed and stored or disposed of at the expense of the candidate. 2- (a) Signs found to be in violation may be removed by the Region immediately without notice. (b) Signs that have been removed under clause 2.03(a) will be stored for a minimum of 15 days during which time the owner of the sign may retrieve the sign by: i. Paying any amounts owing to the Region under this by-law; and ii. Providing a signed acknowledgement of receipt and release in a form acceptable to the Region. (c) Signs that have been removed and stored for more than 15 days may be destroyed or otherwise disposed of by the Region without notice and without compensation; (d) Ths charge for the removal of a sign by the Region will be $50.00 and unless retrieved by the owner pursuant to clause 2.03(b); (e) The charge for the storage of a sign by the Region will be $2.00 per day and unless retrieved by the owner pursuant to clause 2.03(b); (f) The charges incurred by the candidate in clauses 2.D3(d) and 2.03(e) are payable to the Region within 30 days of receipt of notice of same. Any amount outstanding 30 days after such notification has been sent may be recovered from the candidate by the Region by legal action or in like manner as municipal taxes. BY-LAW read and passed this 16th day of December 2009. W`-' Roger Anderson, Regional Chair and CEO P.M. Madill, Regional Clerk SCHEDULE 'A' CRITERIA FOR PLACEMENT OF ELECTION SIGNS ON ROADS UNDER THE JURISDICTION OF THE REGIONAL MUNICIPALITY OF DURHAM 1. SIGNS SHALL NOT BE PLACED in the following locations: a. On any roadway median b. On any traffic island. c. On any road shoulder d. On any sidewalk e. On any post, pole or support already containing an official or authorized sign erected by the Region f. Within 500 metres of another sign for the same candidate 2. Where there is a curb, the sign must be placed a minimum of 1 (one) metre back from the curb. 3. Where there is no curb, the sign must be placed a minimum of 2 (two) metres back from the edge of the traveled portion of the roadway. 4. No sign may be higher than 1.2 metres above the surface of the curb shoulder or boulevard, as the case may be (measured to the tap of the sign), or wider than 0.8 metres. 5. Signs located within 20 metres of any intersecting public or private road or driveway may be no higher than 0.6 metres above the surtace of the curb, shoulder or boulevard, as the case may be (measured to the top of the slgn). 6. Signs shall not obstruct the vision of drivers or interfere with the visibility or effectiveness of trafFlc sfgna or signals. 7. All signs must be removed within 48 hours after the election for which they were erected. 8. Where a local area election sign by-law is more restrictive than the above, the provisions of the local 6y-law will apply to Regional Roads within that municipality. Attachment 2 to Addendum to Report CLD-022-09 Principles of Proposed By-law Definitions The definitions within the proposed by-law 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 As specified in the previous by-law, the general provisions 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 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 his or her signs and must maintain them in good order and clean condition. Signs on Public Property Signs are permitted on any road allowance or highway under the jurisdiction of the Municipality provided they are 1 metre back from the curb or, where there is no curb, 3 metres from the edge of the travelled portion of the road. Signs are not 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. Signs are not permitted in public parks. -2- 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. Size and location details for wall signs and identification signs vary according to the specific location and zoning designation. In all cases, the particular characteristics of the sign are 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 42 days prior to Voting Day 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, election signs will have to be removed no later than 48 hours following Voting Day. Fees Once removed, any illegally placed election 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 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. R@ORrN l.~d /(~e~voi~ C~ Oaa.Q 9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a by-law to amend By-law 2009-123 To regulate Election Signs WHEREAS Section 11(3) of the Municipal Act, S.O. 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 Section 2.1 of By-law 2009-123 is hereby amended by adding thereto the following: "Campaign Office" shall mean the administrative office or offces 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 Acf, 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. "Election" shall include any federal, provincial or municipal election or by- election and any question or by-law submitted to the electors. "Election 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, 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 pr 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.B, 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. "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. "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. "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 defned in the Highway Traffic Act, RSO 1990 c.H.B, 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. "Voting Place" shall mean the location where election ballots are collected and tabulated. 2.0 Section 8.4 of By-law 2009-123 is hereby amended by adding thereto the following: 8.4.1.0 General 8.4.1.1 No person shall erect, attach, place or display or cause or permit to be erected, attached, placed or displayed, an Election Sign except as perrnitted by Schedule "3° of this By-law. 8.4.1.2 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: 8.4.1.3 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. 8.4.1.4 It shall be the responsibility of the Candidate or his or her agent to ensure that all Election Signs erected, placed, or displayed on his or her behalf are maintained in good order and clean condition. Failure to do so shall bean offence. 8.4.2.0 Election Sians on Camoaian Offices 8.4.2.1 Despite Sections 8.4.3.1 and 8.4.3.2, signs identifying the Campaign Offices may be erected on the offices once the Candidate has f led his or her nomination papers or registered as an agent for a question to be placed before the electors. 8.4.2.2 Signs identifying the Candidate's Campaign Office may only specify the Candidate's name, the offce 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. 8.4.2.3 Each Candidate shall ensure that any Campaign Office fully complies with all the requirements of the Municipality of Clarington Sign By-law 2009-123 or its successor. 8.4.3.0 Tlmino 8.4.3.1 No person shall erect or display an Election Sign, Vehicle Election Sign or Mobile Election Sign for a Municipal Election any earlier than forty-two days before the f rst Advanced Voting opportunity. 8.4.3.2 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. 8.4.3.3 All Election Signs, Vehicle Election Sign and Mobile Election Signs shall be removed no later than forty-eight hours 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. 8.4.4.0 Removal of Unlawful Election Signs 8.4.4.1 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. 8.4.4.2 Notwithstanding section 8.4.4.1 above, where an Election Sign is found to be in a location which, in the opinion of the Operations Department, poses an imminent or severe hazard, it may be removed immediately without prior notice. 8.4.4.3 All signs which have been removed pursuant to sections 8.4.4.1 and 8.4.4.2 shall be taken 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. 8.4.4.4 All costs incurred by the Municipality in removing any contravening Election Sign shall be billed to the Candidate or his or her agent in accordance with the Municipality of Clarington's Operations Department's current fees for the removal of any other sign. 8.4.5.0 Liability for Damaoes 8.4.5.1 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. 8.4.6.0 More Restrictive Provisions Prevail 8.4.6.1 In the event of a conflict between this By-law and the provisions of another By-law of the Municipality of Clarington or the Region of Durham regulating signs, including Election Signs, the provisions of the more restrictive By-law shall prevail. READ a first time this th day of January 2010 READ a second time this th day of January 2010 READ a third time and passed this th day of January 2010 Municipal Clerk Schedule " 3" To By-law 2009.123 1. No person shall place an Election Sign Vehicle Election Signor Mobile Election Sign in any of the following locations: a. On any Highway or road Allowance under the jurisdiction of the Municipality of Clarington; b. within a Visibility Triangle; c. on any official sign or official sign structure, utility box, planter, bench, waste receptacle, newspaper box, or mail box or similar abject or structure which has been legally placed on any Road Allowance; d. On any traffic median; e. In any public park; f. On any tree located on public property; g. On any traffic island; h. On any post, pole or support already containing an official or authorized sign erected by the Municipality of Clarington, the Region of Durham or the Province of Ontario; or, i. Within 500 metres of another sign for the same candidate. 2. Where there is a curb, a sign placed on the road allowance must be a minimum of 1 metre back from the curb. 3. Where there is no curb, a sign placed on the road allowance shall be a minimum of 3 metres back from the edge of the travelled portion of the roadway. 4. 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 Voting place for elections. 5. Any vehicle found in contravention of the provisions of this By-law may be removed at the direction of the Municipal Law Enforcement Officer, at the owner's expense. Staff Report # 2 ~ , j~~n~n~ ATTACHMENI';~~-~-~ REPORT ' Leading the Way REPORT # ~ n.CQ-ova -off CLERK'S DEPARTMENT Meeting: COUNCIL e - 5~ 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~~('' ""~--~"' "~" Patti L. Barrie, CMO Municipal Clerk PLB/LC Reviewed by~ +~ ` ~~~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 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 "THAT 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 mefhods 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 WO.: 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 By-law 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 unti160 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 aer.F o 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.