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HomeMy WebLinkAboutLGS-023-21Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 27, 2021 Report Number: LGS-023-21 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: File Number: Andrew C. Allison, CAO Report Subject: Election Signs Recommendations: Resolution#:GG-454-21 By-law Number:2021-074 1. That Report LGS-023-21, and any related communications, be received; 2. That the By-law attached to Report LGS-023-21, as Attachment 1, be approved; and 3. That all interested parties listed in Report LGS-023-21 and any delegations be advised of Council's decision. Municipality of Clarington Report LGS-023-21 Report Overview Page 2 A report to amend Election Sign By-law 2016-004 to reflect the delegation of authority for placement of signs on Regional roads to the Municipality. 1. Background 1.1 Election signs and/or temporary signs have been regulated by upper tier and lower tiers for highways within their jurisdiction. As regional roads are contained within each lower tier municipality, this leads to variations, or permissions that were not consistent between regional roads and municipal roads, within the same lower tier municipality. 1.2 In 2019 and 2020, the Region of Durham and surrounding municipalities worked on developing a Regional by-law that would be consistent through out each municipality. As each lower tier municipality had various factors to consider and varying impacts to their respective Election Sign/Temporary sign bylaws, a consensus throughout could not be agreed upon. 1.3 As a result, in a meeting held on October 28, 2020, Council of the Region of Durham adopted recommendations to delegate authority of election or temporary signs on regional roads to lower tier municipalities. 2. Discussion 2.1 The delegation of authority to lower tier municipalities provides for a more consistent and understandable process for erecting temporary signs. For candidates or individuals erecting signs there is no longer a need to distinguish roads or differences in placement, allowing for less misplacement and loss of signs within a particular municipality. 2.2 The delegation of authority provides for easier administration and communication to those registering to erect signs. In addition, any enforcement actions may be lessened due to consistency of placement through out regional and municipal roads. 2.3 The attached draft by-law removes the reference to the Region of Durham and provides clarity. Municipality of Clarington Page 3 Report LGS-023-21 2.4 Additionally, the following are some housekeeping issues included in the draft by-law: • arising out of the recent reorganization (i.e. changed name of Operations Department to Public Works Department); • boards (as it relates to public property); • removing the word "permanently" from "No person shall permanently attach any election sign to a tree or fence." 3. Concurrence Not applicable. 4. Conclusion It is respectfully recommended that the By-law attached to Report LGS-023-21, as Attachment 1, be approved. Staff Contact: Duncan Anderson, Manager Municipal Law Enforcement, 905-623-3379 ext. 2110 or danderson@clarington.net. Attachments: Attachment 1 — Amending By law 2021-XX Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report LGS-023-21 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2021-OXX Being a by-law to amend Election Sign By-law 2016-004 Whereas subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Municipality to pass by-laws respecting highways under its jurisdiction; And Whereas the Municipality has enacted Election Sign By-law 2016-004 to regulate the use of election signs on highways under its jurisdiction; And Whereas the Municipality wishes to make certain amendments to the Election Sign Bylaw 2016-004 And Whereas pursuant to Region of Durham By-law 52-2020, the Region has legislated that the Clarington Election Sign By-law 2016-004 shall also apply to Regional roads within Clarington; And Whereas Clarington Municipal Law Enforcement Officers have been authorized to enforce the provision of the Clarington Election Sign By-law 2016-004 on Regional roads within Clarington; Now therefore the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. All instances of the phrase "Operations Department" in By-law 2016-004 are deleted and replaced with the phrase "Public Works Department". 2. The definition of "public property" in Section 1 of By-law 2016-004 is amended by the addition of the words "or any of their agencies, boards or commissions" to the end of that definition. 3. Section 10 of By-law 2016-004 is amended by the insertion of the words "or the Region of Durham" immediately after the word "Municipality". 4. Section 12 of By-law 2016-004 is amended by striking out the word "permanently". 5. Section 19 of By-law 2016-004 is deleted. This By-law shall be effective on the date that it is passed. Passed in Open Council this XXt" day of XXXX, 2021 Adrian Foster, Mayor June Gallagher, Municipal Clerk 2