HomeMy WebLinkAboutCLD-004-16 Clarington
Clerk's
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Report To: General Government Committee L-U1�-ltp
Date of Meeting: January 4, 2016
C- G-O�%dllo
Report Number: CLD-004-16 Resolution Number:
File Number: By-law Number:
Report Subject: Election signs
Recommendations:
1. That Report CLD-004-16 be received;
2. That the By-law, attached to Report CLD-004-16, as Attachment 1 to regulate Election
Signs be approved;
3. That By-law 2010-015, being an amendment to By-law 2009-123, be repealed; and
4. That all interested parties listed in Report CLD-004-16 and any delegations be advised of
Council's actions.
Municipality of Clarington
Report CLD-004-16 Page 2
Report Overview
The provisions of the Clarington Sign By-law 2009-123 were amended in 2010 to include
provisions involving signage for elections. This amendment has created a by-law which can,
at times, be unwieldy and challenging to enforce. Staff are proposing to make amendments to
the election provisions and remove the amendments from the original by-law and reintroduce
them as a stand-alone election sign by-law.
1 . Background
In September 2009, the Municipality passed its Comprehensive Sign By-law 2009-123. In
February 2010, Council passed an amending by-law, 2010-015, to deal specifically with
election signs. The by-law provisions have been tested and applied in six separate elections,
two each of municipal, provincial and federal. These experiences have led Staff to consider
changes and improvements to the sign regulation and enforcement process.
As well, the experience of working with the By-law has demonstrated a need to revise and "tidy
up" the by-law to provide more clarity for both the candidates and our Municipal Law
Enforcement Division.
2. Discussion
One of the prime areas of concern has been the proliferation of election signs during each
campaign. While signs do help to introduce the candidates and get their message out, they
can, without proper regulation, become a blight on the landscape with every meter of roadway
at every intersection jammed with signs promoting the candidates. Many sign campaigns
appear to operate on the idea that if one sign in good advertising then ten or twenty at the
same location must be great. The visual impact on the landscape tells a different story.
Staff have heard complaints from residents who have put up signs on their own property to
show support for one candidate, only to have the boulevard in front of their house bombarded
with signs for an opposing candidate. This often leads to conflict and in many cases,
vandalism. Signs are pulled out and thrown in ditches and left to decay and rot.
Most candidates are conscientious about their signs and want to remove them after the
election. The reality is that signs are often put up by teams of enthusiastic supporters who
want their person to win. As a result, they will overpopulate an area with signs and may not
remember where they put them all when it comes time to remove them.
By-law 2010-015 dealt with the overcrowding by requiring a separation of 500 metres between
roadside signs for the same candidate. This has greatly reduced the problems of election sign
sprawl, but there is certainly more room for improvement. It is also a time consuming task for
Municipal Law Enforcement Officers to have to measure the separation distances between
signs for all candidates.
Municipality of Clarington
Report CLD-004-16 Page 3
Not only is election sign patrol and removal time consuming, it is costly in terms of Staff and
vehicle resources. Teams of officers will work all day clearing an area, only to have the
candidates' volunteers replace the signs within less than 24 hours.
The current procedure of billing the candidate for each election sign that is removed has not
proved to be a sufficient deterrent. Currently, signs are not released until such time as the
outstanding bills has been paid.
3. Proposal
3.1 General
Staff have reviewed the by-laws of several municipalities. The proposed changes are
consistent with the approach taken by Toronto, Vaughan, Oakville, Caledon, Newmarket,
Pickering, Springwater and King Township.
Election signs scattered on the roadside may identify a particular candidate but they do not
show any indication of actual community support. Staff time spent visiting and revisiting the
same areas, and removing signs that are replaced almost as soon as the officers leave, is not
a good investment of their time. Yet, it is a serious concern and enforcement is needed to
keep some form of order.
Staff are proposing two significant changes to the election sign regulations and a complete
revision to the By-law to make it more clearly and easily understood. Drawing from the
municipalities listed above Staff are proposing to combine some of the best methods employed
by others.
3.2 Deposit and Removal Fees
Toronto, King Township, Caledon, Newmarket, York Region and Springwater take a deposit
from the candidates and hold it against any costs incurred in confiscating illegal signs. Each
has a set cost for the removal of signs which is deducted from the deposit amount, however
neither King nor Springwater will bill for removal costs which exceed the deposit. Toronto
charges a removal for the post-election removals.
Pickering charges a set amount for each sign removed. It does not however, take a deposit in
advance. Vaughan takes a non-refundable deposit to defray the costs of removal of illegal
signs but does not charge any additional fees.
The Pickering and King by-laws appear to have worked well. Springwater is planning to make
revisions to their by-law to extend their ability to charge for final cleanups of signs not removed
after the election.
Staff are proposing to require any candidate who wishes to display election signs to pay a
deposit at the start of the campaign and before any signs are displayed. The fee will be
$250.00. This is a modest amount but it will be used to help defray the costs of removing a
candidate's illegal signs.
Municipality of Clarington
Report CL®-004-16 Page 4
Each sign which is found in violation of the by-law and removed by Staff will cost the candidate
$10.00 per sign, regardless of size, up to a total of 25 signs. The removal fee will be deducted
from the deposit. Any candidate who proceeds to display signs without having paid the
required deposit may be charged pursuant to the by-law and face a penalty, on conviction, as
set out in the Provincial Offences Act. They shall also be liable to the removal fees as set out
above. These fees are in line with the by-laws of the municipalities mentioned above who vary
between $250.00 and $300.00 for their deposit fees.
If more than 25 signs of any size are removed, the candidate will be subject to the removal
fees set out in Schedule A of the By-law. These fees will vary depending on the size of the
sign and the difficulty of removal. Signs will be released back to the candidate or his election
team on payment of any outstanding removal costs.
In addition to this limitation candidates will only be allowed to post signs in their own Ward or
Riding. Election signs from anyone other than the actual area candidates will be removed
forthwith.
After the election, candidates have two days to remove their signs. On the third day after the
election, Staff will remove and impound any remaining signs found on public or municipal
property. These may also be reclaimed by the candidate on payment of the applicable fees.
These fees will be at the rate of $10.00 for small signs under 0.56 m2 (6 ft2), $20.00 for any
sign up to 3 m2 (32 ft2) and $30.00 for any sign over 3metres2.
Any signs not reclaimed after 60 days will be destroyed. The candidate will be still be
responsible for the incurred costs of the removal of the signs. Signs on private property are the
responsibility of the homeowner to remove but will not be subject to enforcement action unless
they have been abandoned and degenerate to the point where they become garbage or
debris.
3.3 Sign Placement
The second, and more aggressive change proposed in the By-law, is to ban election signs
from all highways which are under the jurisdiction of the Municipality. Aside from the Regional
roads, election signs will be restricted to private property. This is an approach taken by
Vaughan, and Springhill. Caledon bans election signs on municipal property and only restricts
it on highways. Newmarket's By-law also speaks of prohibiting election signs on boulevards
and restricting them to private property but does not specifically say they are banned on
highways.
Staff will have minimal rules dealing with private property, such as controlling sign heights
within visibility triangles on corner lots. The Region's Traffic By-law will apply to election signs
on Regional property.
The proposed by-law (Attachment 1) will simplify election sign issues for the Municipality. The
current 500 metre separation between signs for the individual candidate has helped reduce the
clutter but has raised more issues when candidates challenge the Officer's decision. With
Municipality of Clarington
Report CLD-004-16 Page 5
election signs confined largely to private property, the enforcement process should be more
self-regulating. As noted earlier, property owners will not want to leave signs up after the
election is over, so removal issues should be minimal. The only removals which would need to
take place would be for any signs found on the highways or boulevards and on municipal
property.
The fees to be charged and deducted from the initial deposit are for the removal of the sign
rather than the retrieval. In the past elections, some candidates have maintained that they do
not feel they have to pay anything as long as they do not want their signs back. The fact that
this is the charge for the removal will be clearly spelled out in the new By-law.
4. Concurrence
This Report has been reviewed by the Municipal Solicitor, Andrew Allison and Fred Horvath,
Director of Operations Services who concur with the recommendations.
5. Conclusion
The changes proposed in the attached by-law take a mature approach to the issue of election
signs. Long seen as a necessary evil for election campaigns, they are costly to the candidate,
a continuing source of concern over damaged or stolen signs and a potential safety concern
for the Municipality. Restricting the signs to private property will help mitigate some of the
safety issues.
The introduction of a deposit and a set removal fee deducted from that deposit places the onus
for compliance squarely on the candidate who now has a financial stake in the placement,
maintenance and removal of their election signs.
6. Strategic Plan Application
Not Applicable
/--/-
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Submitted by: r - ' °����I Reviewed b /
f C�.Annc Greenfree Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: Len Creamer, Manager, Municipal Law Enforcement, 905-623-3379 ext. 2110
or Icreamer(aD-clarington.net
Attachments:
Attachment 1 proposed by-law.
Interested parties: N/A
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2016-
Being a By-law to regulate the placement of election signs
WHEREAS paragraph 7 of subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.
25 states that a municipality may pass by-laws respecting structures, including fences
and signs;
AND WHEREAS Council deems it desirable to repeal the Election Sign By-law 2010-
015 and replace it with a new updated Election Sign By-law 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:
PART I - INTERPRETATION
Definitions
1. In this By-law,
"campaign office" means the administrative office or offices for a candidate in an
election;
"candidate" shall have the same meaning as in the Canada Elections Act, S.C.
2000, c. 9, the Election Act, R.S.O. 1990, c. E. 6 or the Municipal Elections Act,
1996, S.O. 1996, c. 32 as applicable, and shall be deemed to include a person or
an agent for a registered person seeking to influence another person to vote for
or against any question or by-law submitted to the electors;
"display" includes erect, attach, place and maintain;
"election" means any federal, provincial or municipal election and any question or
by-law submitted to the electors and includes an election to a local board or
commission;
"election sign" means any,
(a) device advertising or promoting a candidate in an election;
(b) device advertising, advocating or discouraging the public from voting for a
candidate or political party in an election or by-election; or
(c) 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; and
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(d) does not include any campaign literature or an item of apparel bearing the
name or image of the candidate, unless it is worn or displayed at a voting
place;
"highway" shall have the same meaning as the Highway Traffic Act, R.S.O. 1990,
c.H.8, and includes unopened road allowances;
"mobile election sign" means a temporary sign which is not permanently affixed
to the ground or to any structure, and typically designed for the rearrangement of
copy on the sign face, and which is capable of being readily moved from one
location to another, and may be part of or attached to a wheeled trailer or frame
without wheels in such a manner so as to be able to be moved from place to
place, which is being used as an election sign, 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" means the Municipal Clerk of the Municipality, or a designate;
"Municipality" means The Corporation of the Municipality of Clarington;
"Officer" means an officer appointed by the Municipality for the purpose of
enforcing Municipal by-laws, any employee of the Municipal Operations
Department whose duties include enforcement of this By-law and the Durham
Regional Police;
"Operations Department" means the Operations Department of the Municipality;
"person" includes an individual, partnership, natural person, candidate, his or her
agent or any representative of a 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 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 including the adjacent
road allowance;
"public property" includes highways, public parks, public utility poles, street lights,
stop lights, and similar utilities and infrastructure located within a highway
regardless of whether the item/utility/structure is owned by or under the control of
the Municipality or any of its agencies, boards or commissions, and includes any
lands belonging to or owned by any Federal, Provincial or Regional authority;
"public utility pole" means a pole owned or controlled by an entity which provides
a Municipal, Regional or public utility service, including street lights, stop lights,
Bell Canada, Hydro One and any subsidiaries thereof;
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"vehicle election sign" means any form of signage, poster or vehicle wrap placed
on or attached to a vehicle to show support for a candidate or any question or by-
law submitted to the electors and includes any motor vehicle, trailer or any
vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c.H.8, whether
actively being operated on the highway or parked at any location;
"visibility triangle" means a triangular shaped area of land abutting a highway or
private road that is required to be kept free of obstructions that could impede the
vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on
the highway or private road;
As illustrated, a visibility triangle shall be determined as follows:
a) The visibility triangle adjacent to an exterior side lot line shall be the area
enclosed by each of the street lines measured to a point specified in the
applicable Municipal Zoning By-law back from the intersection of the street
lines, and a diagonal line drawn between these two points.
b) The visibility triangle from a driveway, lane or right -of-way shall be the area
enclosed by the line along the limits of the driveway and the street line
measured to a point 3.0 metres back from the intersection of the street lines
and the limit of the driveway, lane or right-of-way and a diagonal line drawn
between these two points.
c) The visibility triangle extends beyond private property into the road
allowance as illustrated.
Street/Private Road
For the
<.: Sidewalk purposes of this
to -7.5m .,, i By-law the
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Street Line distance along
(Exterior Side Lot Line)
the property line
`l shall be
1 Visibility Triangle on a Comer Lot measured at 7.5
metres 24.6
feet).
c0 ? Visibility Triangle Adjacent a Driveway
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a E
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Driveway ui
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E Property Line a
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"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 includes any day in
which advanced votes are taken;
"voting place" means the location where election ballots are collected and
tabulated; and
"zone" means an area of land with designated permitted uses and restrictions as
set out in the Municipality's Zoning By-laws 84-63 and 2005-109.
References
2. In this By-law, reference to any Act or By-law is reference to that Act or By-law as
it is amended or re-enacted from time to time.
3. Unless otherwise specified, references in this By-law to sections or schedules are
references to sections or schedules in this By-law.
Word Usage
4. This By-law shall be read with all changes in gender or number as the context
requires.
5. In this By-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Severability
6. Each section of this By-law is an independent section, and the holding of any
section or part of any section of this By-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other sections of this
By-law.
Application
7. This By-law applies to all election signs displayed within the Municipality.
Schedule
8. Schedule A (Removal Fees) is attached to and forms part of this By-law.
PART II - RESTRICTIONS
General
9. No person shall display any election sign except as permitted by this By-law.
10. No person shall display any election sign on any highway under the jurisdiction of
the Municipality.
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11. Notwithstanding section 10, a vehicle lawfully operated on the highway may have
an election sign attached.
12. No person shall permanently attach any election sign to a tree or fence.
13. No person shall display any election sign or mobile election sign which has any,
(a) flashing lights or rotating parts;
(b) illumination; or
(c) appearance which simulates any traffic control device.
14. No person shall display the Municipality's logo, crest or seal in whole or in part,
on any election sign.
15. No person shall, at any time on any voting day, display an election sign on any
premise used as a voting place
Private Property
16. No person shall display an election sign on private property,
(a) where it obstructs or interferes with a door or fire escape of a building;
(b) without the consent of the owner or occupant of such property;
(c) that is taller than one metre in height in a residential zone or 3.0 metres in
all other zones; or
(d) that is taller than 1.2 metres in height within a visibility triangle.
Public Property
17. Except where explicitly permitted in this By-law, no person shall display an
election sign on any public property.
18. Election signs must be displayed on a Regional Road in compliance with the
Region of Durham Sign By-law or entirely on private property.
19. Municipal election signs may only be displayed within the candidate's Ward
boundary.
20. Provincial and/or federal election signs may only be displayed within the
candidate's riding boundary.
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21. Where a road serves as a boundary between Wards, candidates may only
display election signs on private property on the side of the road within their
Ward/Riding boundary. On municipal boundary roads, signs may only be placed
on private property on the side of the road within the Municipality.
22. Where a Regional Road serves as the boundary between Wards/Ridings, the
provisions of the Region of Durham Sign By-law shall prevail.
23. No person shall display an election sign or a mobile election sign that is larger
than 3 metres2 (32 feet2) on public property.
24. No person shall display an election sign, vehicle election sign or mobile election
sign in a location that interferes with a fire hydrant.
Vehicle Election Sign
25. 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 the voting day of a Municipal election.
Timing
26. No person shall display an election sign any earlier than 45 days before the first
advance voting opportunity for a municipal election.
27. No person shall display an election sign for a federal or provincial election until
the day that the writ of election is issued and the candidate has been confirmed
by the Returning Officer as a registered candidate.
28. Despite sections 26 and 27, signs identifying the candidate's campaign offices
may be displayed on the offices once the candidate has filed his or her
nomination papers and paid all required fees and been registered as a candidate.
Part III — ENFORCEMENT
Deposits Required
29. All election signs shall be removed by the candidate no later than two days
following the voting day of the election for which the signs were displayed.
30. In the case of a municipal election, the candidate, shall, at the time of filing their
nomination papers, submit a deposit in the amount of$250.00 to the Municipality
to cover the cost of removal of illegally placed election signs.
31. In the case of a Federal or Provincial election, the candidate, shall make the
required $250.00 deposit with the Municipality prior to the erection or placement
of any election signs.
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32. Any Federal or Provincial election sign displayed prior to the candidate's
registration with the Returning Officer and payment of the fee as set out in
section 31 above, shall be subject to removal and the candidate shall be subject
to the removal fees as set out in Schedule A.
33. Sixty-one days after 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 returned to the candidate.
General
34. Any vehicle found in contravention of section 15 or 25 may be removed at the
direction of an Officer, at the owner's expense. Such expenses shall not be
deducted from the required deposit as specified in sections 30 and 31.
Removal of Unlawful Election Signs
35. If an election sign is displayed in violation of this By-law, an Officer may remove
the sign without prior notice to the owner or candidate.
36. Where an election sign is found to be in a location which, in the opinion of an
Officer, poses an imminent or severe hazard, it may be removed immediately
without prior notice.
Cost Recovery
37. Any election signs displayed in violation of this By-law shall be removed by the
Municipality and the candidate billed for such costs at a rate of$10.00 per sign
for the first 25 signs only, regardless of the size of the sign.
38. Any sign removals in excess of the first 25 shall be billed to the candidate in
accordance with the fees as set out in Schedule A.
39. If the value of signs removed exceeds the amount of the deposit, the candidate
shall be billed for the extra sign removals in accordance with the fees as set out
in Schedule A.
40. Any election signs which have been removed by the Municipality shall be stored
at a Municipal storage site for a period of not less than 30 days during which time
the owner may redeem the said sign upon payment of all outstanding fees.
41. Election signs which have been held for more than 60 days after the election may
be destroyed and the Municipality shall not be liable to compensate the candidate
for the loss.
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42. Any outstanding removal costs which remain unpaid more than 60 days after the
election, and exceed the deposit amount, shall be billed directly to the candidate.
Penalty
43. Notwithstanding any fees or penalties imposed for the removal of illegally placed
signs, 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.
Liability for Damages
44. The provisions of this By-law shall not be construed as relieving or limiting the
responsibility or liability of any person displaying 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 display of such signs.
PART IV — GENERAL
Conflict
45. In the event of a conflict between this By-law and the provisions of another
Municipal by-law regulating signs, including election signs, the provisions of this
By-law shall prevail.
Repeal
46. By-law 2010-015 is repealed in its entirety.
Short Title
47. The short title of this By-law shall be the "Election Sign By-law".
Effective Date
48. This By-law shall take effect on the date that it is passed.
Passed this 18th day of January, 2016
Adrian Foster, Mayor
C. Anne Greentree,
Municipal Clerk
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Schedule A
Removal Fees
During the election
Any election sign up to a maximum of 25 signs $10.00 per sign
Over 25 signs during an election and post-election removal
Signs up to 0.56 m2 (6 ft2) $10.00
Signs over 0.56 m2 up to 3 m2 (32 ft2) $20.00
Over 3 m2 $30.00 or actual cost of removal,
whichever is higher
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