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HomeMy WebLinkAbout2010-015THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-015 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 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 Municipa! Elections Act, 9996, 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. "Highway" shall have the same meaning as the Highway Traffic Act, RSO 9990 c.H.8, and includes the entire of the road allowance thereof. "Mobile Election Sign" means any mobile sign as defined in this By-law which is used to: 1. advertise or promote a Candidate in an Election; 2. advocate or discourage the public from voting for a Candidate or political party in an Election or by-election; 3. promotes or relates to any Candidate in an Election, including an election of a local board or commission; 4. is 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; 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. "Operations Department" means the Operations Department of the Corporation of the Municipality of Clarington. "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 and shall include the adjacent road allowance. "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 the Regional Municipality of Durham, a conservation authority, the Province or Government of Ontario or the Government of Canada. This shall include public highways, and shall be deemed to include utility poles located on public property including road allowances, regardless of whether the poles are owned by or under the control of the Municipality. "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 Traffrc Act, RSO 1990 c.H.8, 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 2.1 of By-law 2009-123 is further amended by deleting the term "Election Sign" and its definition in its entirety and replacing it with the following: "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 which promotes or relates to any Candidate in an Election, including an election of a local board or commission; 4. objector 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. 3.0 Section 2.1 of By-law 2009-123 is further amended by deleting the term "Road Allowance" and its definition in its entirety and replacing it with the following: "Road Allowance" shall have a corresponding meaning to that of street and shall include any shoulder, ditch or boulevard. 4.0 Section 7.8 Table 1 of By-law 2009-123 is amended by adding: TABLE 1 SIGNS ALLOWED BY PROPERTY USE Sign section RES IND COM INS AGR HRA CWSD Type Election $.4 A A A A A A A sign Mobile 8.4 N A A A A N A election si n 5.0 Section 7.9 Table 2 of By-law 2009-123 is amended by adding: -- - -- TABLE 2 MAXIMUM NUMBER OF SIGNS ALLOWED ON A PROPERTY Sign Type Number Allowed Election Sign No maximum Mobile Election Sign No maximum 6.0 Section 7.10 Table 3 of By-law 2009-123 is amended by adding; TABLE 3 MAXIMUM SIGN AREA Sign Type RES IND COM INS AGR HRA CWSD Election sign 3.Om Mobile N 3.0 m N 3.Om Election Signs 7.0 Section 7.11 Table 4 of By-law 2009-123 is amended by adding: TABLE 4 MAXIMUM SIGN HEIGHT Sign Type Maximum Height Election Sign 1.0 m in Residential zones 3.0 m in all over zones Mobile Election Sign 2.0 m 8.0 Section 8.4 of By-law 2009-123 is hereby further 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 permitted 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 be an offence. 8.4.1.5 The placement of Election Signs when done in accordance with the provisions of this By-law shall be exempt from the restrictions stipulated in Section 5.1(1) of this By-law and the requirements for a Road Occupancy Permit as set out in Clarington By-law 83-57 as amended. 8.4.1.6 Notwithstanding Section 8.4.1.5 above, a Mobile Election Sign may only be located in accordance with the requirements of By-law 2009-124. 8.4.2.0 Timing 8.4.2.1 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 first Advanced Voting opportunity. 8.4.2.2 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. 8.4.2.3 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. 8.4.3.0 Election Signs on Campaign Offices 8.4.3.1 Despite Sections 8.4.2.1 and 8.4.2.2, 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. 8.4.3.2 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. 8.4.3.3 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. 8.4.4.0 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; (a) 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; or, (b) located on the property of any Municipal Facility or the adjacent road allowance, the Facility Manager or other staff acting under the Manager's direction, may remove the Election Sign immediately without prior notice. 8.4.4.3 All signs which have been removed pursuant to sections 8.4.4.1, or 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 Damages 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 election 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 This By-law to 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 including Election Signs, the provisions of this By-law shall prevail. READ a first and second time this 8th day of February 2010 READ a third time and passed this 8th day of February 2010 - -. Schedule " 3" To By-law 2009-123 1. No person shall place an Election Sign, Vehicle Election Sign or Mobile Election Sign in any of the following locations: a. within a Visibility Triangle; b. on any official sign or official sign structure, utility box, planter, bench, waste receptacle, newspaper box, or mail box or similar object or structure which has been previously placed on any Road Allowance; c. On any traffic median; d. In such a manner as to obstruct any sidewalk or walkway; e. In any public park including the adjacent road allowance; f. On any municipal property other than a road allowance; g. On any tree located on public property; h. On any traffic island; i. On any post, pole or support already containing an official or authorized sign erected by the Municipality of Clarington, the Region of Durham, a conservation authority or the Province of Ontario; or, j. On any road allowance within 500 metres of another sign for the same candidate. 2. No person shall place or erect an Election Sign on the travelled portion of any Highway under the jurisdiction of the Municipality of Clarington; 3. Where there is a curb, a sign placed on the road allowance must be a minimum of 1 metre back from the curb. 4. 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. 5. No person shall, at any time on any Voting Day, including those days when advance election voting is held, display 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 or upon the adjacent road allowance. 6. 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.