STAFF REPORT THE CORPORATION OF THE TOWN OF COBOURG. Mayor and Council Members. Brent Larmer By-law Enforcement/Policy Coordinator and Deputy Clerk
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1 THE CORPORATION OF THE TOWN OF COBOURG STAFF REPORT TO: FROM: TITLE: Mayor and Council Members Brent Larmer By-law Enforcement/Policy Coordinator and Deputy Clerk DATE OF MEETING: September 11, 2017 TITLE / SUBJECT: By-law to Regulate Election Sign within the Corporation of the Town of Cobourg REPORT DATE: August 28, 2017 File #: 1.0 STRATEGIC PLAN Not Applicable. 2.0 PUBLIC ENGAGEMENT Not Applicable. 3.0 RECOMMENDATION THAT Council authorize the preparation of a by-law attached hereto as Appendix A to regulate the placing, erecting and displaying of Election Signs within the boundaries of the Corporation of the Town of Cobourg for Federal, Provincial and Municipal Elections to better manage election signs on public property, including enforcement procedures. 4.0 ORIGIN The Town of Cobourg is currently reviewing existing by-laws, and updating provisions in relation to current legislative changes Bill 181 and Bill BACKGROUND The Province of Ontario passed Bill 181, Municipal Elections Modernization Act (MEMA) which introduced legislative requirements relating to election signage, in effect for the 2018 Municipal Election. These requirements are as follows:
2 landlords, condominium corporations or their agents will no longer be able to prohibit residential lessees, condominium owners or tenants from displaying signs in relation to an election on the premises to which the lease applies or the condominium unit; election campaign advertisements, such as advertisement in any broadcast, print, electronic or other medium, purchased by or under the direction of a candidate, shall identify the candidate to make it clear who is responsible for the messaging; third party advertising (which would include signs), shall identify the name of the registered third party, the municipality where the third party is registered, and a telephone number, mailing address or address at which the registered third party may be contacted. municipalities are now provided with strengthened provisions to effect the removal or discontinuance of advertising where the provisions of the Municipal Elections Act, 1996 has been contravened (section 88.7). Enforcement provisions will be included and clarified within the Town s Election Sign By-law for improved clarity; Nomination Day has been moved to the fourth Friday in July, which may result in municipalities evaluating the time frames which permit signage from Nomination Day until Voting Day as permitted. 6.0 ANALYSIS Municipal Staff reviewed the Bill 181 legislative amendments and a variety of various municipal by-laws regulating election signs which would maintain the rights of candidates at federal, provincial and municipal levels of government in the Town of Cobourg to erect signage during an election campaign while at the same time delivering appropriate enforcement to ensure safety and to maintain neighbourhood aesthetics throughout the Town of Cobourg on a consistent basis Based on the new legislation the following is a list of recommended changes and updates within the provisions of the proposed Election Sign By-law: clearly defining election sign restrictions on all properties; restricting the placement of election signs to no earlier than Nomination Day for Municipal Elections; election signs are to be removed no later than seventy-two (72) hours following the Voting Day; The Town of Cobourg's logo or the Town's municipal election logo may not be placed on any election signs;. Enforcement of the Election Sign By-law will be assigned to the Municipal Clerk, or designate, and Municipal Law Enforcement Officers for the Town of Cobourg.
3 Time Restrictions The Town of Cobourg currently regulates Election Signs through the Sign Bylaw No The current By-law speaks generally to Election Signs being placed on private property and comes into effect the day the electoral writ is issued through legislation. Staff is recommending that in section 3 of the draft by-law that Election Signs for Provincial and Federal Election Campaigns may be erected no earlier than the day the Writ of Election or By-Election is issued. In regards to Municipal Elections, Staff recommends that Election Signs be erected no earlier than Nomination Day in the Year of a Regular Election or By-Election. This recommendation is common in most municipal election sign by-law. The amendments to the Municipal Elections Act, 1996 have included a push back to the permitted filing date for Nomination papers from January 1 to no earlier than May 1 of the election year and the Nomination Day is now July 27th As such, it is recommended that for the 2018 Municipal Election an Election Candidate may only erect election signs after July 27, Previously Municipal Election Candidates were permitted to place election signs as of January 1st until Voting Day in October. This new amendment would allow for a reduced period for candidates/third party s to erect elections signs. The total number of days for candidates/third party s to erect Election Signs would be 87 Days. Some municipalities provide different time restrictions for election signs to be permitted to be erected within their jurisdiction. For example there are municipalities that permit such signage sixty (60) days prior to Voting Day or six (6) weeks immediately prior to Voting Day, other municipalities have recently adopted a 30 day permitted period for lawn signs prior to Voting Day. All of these provisions were implemented as a result of the change in nomination day for eligible electors who file papers to run in the 2018 Municipal Election. Number and Location of Signs The Town of Cobourg allows the placement of election signs on private property only. This requirement is to support the Town s goal to reduce visual clutter, in accordance with the provisions of Cobourg s Sign By-law. The draft election sign by-law expands on the regulation of the placement of signs on private property while enhancing the existing general safety provisions and somewhat reduce what many residents consider the visual clutter associated with election signage. The reasons for these provisions is to eliminate the need for extensive investigation and interpretation by enforcement personnel.
4 Staff recommend the inclusion of a restriction to the number of election signs allowed on a piece of land (private property) within the boundaries of the Town of Cobourg for each candidate as follows; a) no more than two (2) election signs per candidate may be permitted on a zoned residential land, and b) no more than three (3) election signs per candidate may be permitted on a piece of land zoned other than Residential. The Town currently does not regulate election signs on vehicles. Staff recommends prohibiting election signage on a motor vehicle which is parked or located for the primary purpose of displaying an election sign. Staff recommends that these regulations be included in the proposed by-law, which is consistent with other municipalities, where vehicles displaying any campaign signage are prohibited from parking at any town facility or at or adjacent to any site to be used as a voting location. Staff do not recommend any further restrictions to private properties as the existing regulations address safety and emergency access and private property owners generally self-enforce under appropriate and acceptable parameters. Enforcement: The Election Sign By-law will be enforced by the Municipal Clerk or designate and the Municipal By-law Enforcement Officer(s) for the Town of Cobourg. Pursuant to Section 88.7 of the Municipal Elections Act, 1996, the Municipality is given the authority to remove any advertisements (election signs or radio ads) that are in contravention of the by-law. The proposed by-law outlines new provisions related to the removal of election signs pursuant to the by-law. The by-law also gives the authority to the Municipal Clerk to generate his/her regulations under the by-law prescribing the rules and procedures for the retrieval and destruction of Election Signs without limitation. 7.0 FINANCIAL IMPLICATIONS/BUDGET IMPACT There are no financial implications related to this report and the passing of the proposed Election Sign By-law. 8.0 CONCLUSION THAT Council authorize the preparation of a by-law to regulate the placing, erecting and displaying of Election Signs within the boundaries of the Corporation of the Town of Cobourg for Federal, Provincial and Municipal Elections to better manage election signs on public property, including enforcement matters, as attached hereto as Appendix "A". Approved By: Department:
5 .',/,.., do,. '111(.4\1,it 1 THE CORPORATION OF THE TOWN OF COBOURG BY-LAW NUMBER czuac A BY-LAW TO REGULATE ELECTION SIGNS WITHIN THE CORPORATION OF THE TOWN OF COBOURG WHEREAS pursuant to Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a municipal power shall be exercised by by-law; AND WHEREAS pursuant to Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that the powers of a municipality under this Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to Section 8 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a by-law may regulate or prohibit respecting the matter, require persons to do things respecting the matter, and provide for a system of licences rejecting the matter; AND WHEREAS pursuant to Section 10 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a municipality may provide any service or thing that the municipality may provide any service or thing that the municipality considers necessary or desirable for the public; AND WHEREAS pursuant to Section 10 (2) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a municipality may pass by-laws respecting: 5. Economic, social, and environmental well-being of the municipality; 6. Health, safety, and well-being of persons; 7. Services and things that the municipality is authorized to provide under subsection (1); 8. Protection of persons and property, including consumer protection; 10. Structures, including fences and signs; AND WHEREAS pursuant to Section 23.2 of the Municipal Act, 2001, S.O. 2001, c. 25, permits a municipality to delegate certain legislative and quasijudicial powers; AND WHEREAS pursuant to Section 63 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a by-law may prohibit or regulate the placing or standing of an object on or near a highway, and may provide for the removal and impounding or restraining and immobilizing any object placed or standing on or near a highway; AND WHEREAS pursuant to Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, establishes that any person who contravenes any by-law of The Corporation of the Town of Cobourg is guilty of an offence; I AND WHEREAS pursuant to Section 445 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a municipality may make an order requiring a person who has contravened a by-law or who caused or permitted the contravention, or the owner or occupier of land on which the contravention occurred to do work to correct the contravention; Election Sign By-law By-law No
6 AND WHEREAS pursuant to Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that where a municipality has the authority to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense, and that the municipality may recover the costs of doing a matter or thing by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. AND WHEREAS Council for the Corporation of The Town of Cobourg is of the opinion that the delegation of legislative powers under this by-law to the Municipal Clerk, including without limitation the power to prescribe procedures for the retrieval and/or destruction of election signs removed under this by-law are powers of a minor nature having regard to the number of people, the size of geographic area and the time period affected by the exercise of the power in accordance with Section 23.2 (4) of Municipal Act, 2001, S.O. 2001, c. 25; NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the Town of Cobourg enacts as follows: 1. DEFINITIONS "Act" shall mean the Municipal Act, 2001, S.O. 2001, c. 25. "Boulevard" shall mean the portion of highway between a street line and the edge of the curb, or, where there is no curb, that portion of the highway which is travelled or designated to be travelled by vehicles but does not include medians, bulges or traffic islands; "Campaign Office" shall mean a building or structure, or part of a building or structure, used by a Candidate to conduct an election campaign; "Candidate" shall mean: i) A candidate within the meaning of the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996 as amended; and ii) Shall be deemed to include a person seeking to influence other persons to vote for or against any question or by-law to the electors under section 8 of the Municipal Elections Act, 1996, as amended; "Election Sign" shall mean any sign, including posters, promoting, opposing or taking position with respect to: i) Any candidate or political party in an election under the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996; ii) An issue associated with a person or political party in an election under the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996; 110 A question, law or by-law submitted to the electors under the the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996; 2 Election Sign By-law By-law No
7 "Median Strip" shall mean the portion of a street so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or a raised, or depressed paved or unpaved separation area that is not intended to allow crossing vehicular movement and includes a central island roundabout; "Municipal Clerk" shall mean the Municipal Clerk of the Corporation of the Town of Cobourg or a person delegated by the Municipal Clerk for the purpose of this By-law; "Municipal Law Enforcement Officer" shall mean a Municipal law Enforcement Officer appointed by the Municipal Council of the Corporation of the Town of Cobourg; "Owner" shall mean the registered owner of the property on which an election sign is placed; any person described on or whose name, image, address or telephone number appears on the election sign; any person who is in control of the election sign; any person who benefits from the message on the election sign; or any person who has placed or permitted to be placed the election sign; and for the purposes of this By-law there may be more than one owner of the election sign; "Park" shall mean land and Municipal owned water lots and all portions thereof owned by 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 public open space, and that has been or hereafter may be placed under the jurisdiction of the Director including any and all buildings, structures, facilities, erections and improvements located in or on such land; "Place" shall mean attach, install, erect, build, construct, reconstruct, move, display or affix; "Public Property" shall mean real property owned by or under the control of the Town of Cobourg including a park; "Registered Third Party" shall mean, an individual, corporation or trade union that is registered under section 88.6 of the Municipal Elections Act, 1996; "Roadway" shall mean the part of a highway that is improved, designed or ordinarily used for vehicular traffic; "Sidewalk" shall mean any municipal walkway, or that portion of the street between the curb line or the lateral line of a roadway and the adjacent property line, primarily intended for the use of pedestrians; "Sight Triangle" shall mean the triangular space formed by the street lines of a corner lot and a line drawn from a point in one street line to a point in the other street line, each such point being 12 m (40 ft) from the point of intersection of the street lines (measured along the street lines). Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. Sight triangles shall apply to all lot lines intersecting and will be applied to both rear and front sight triangles when dealing with a property bounded by three street lines. 3 Election Sign By-law By-law No
8 "Sign Height" shall mean the vertical height of a sign from the lowest point of finished grade to the highest part of the sign; "street" or "highway" shall mean a common and public highway, street, avenue, parkway, driveway access, square, place, bridge, viaduct or trestle designed and intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; "Third Party Advertisement" shall mean an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing, a) a candidate; or b) a "yes" or "no" answer to a question referred to in subsection 8(1), (2) or (3), of the Municipal Elections Act, 1996; "Voting Place" shall mean a place where electors cast their ballots as approved by the Federal, Provincial, or Municipal Election Official(s) and; i) When a voting place is located on public property, includes any street abutting; or ii) When a voting place is located on private property, includes any street abutting. 2. GENERAL PROHIBITIONS 2.1 No person shall place or permit to be placed an Election Sign except in accordance with this by-law. 2.2 No person shall place or permit to be placed an Election Sign that: a) is illuminated; b) has a sign more than 6 square metres; c) interferes with the safe operation of vehicular traffic or the safety of pedestrians; d) impedes or obstructs the Town of Cobourg maintenance operations. 2.3 No person shall place or permit to be placed an Election Sign on or in a Voting Place. 2.4 No person shall pull down or remove a lawfully erected election sign on private property without the consent of the candidate to the sign relates or the owner of the property on which the sign is erected. 2.5 No person shall deface or willfully cause damage to a lawfully erected election sign. 2.6 No person shall display on any Election Sign, a logo, trademark, official mark, or crest, in whole or in part, owned by the Town of Cobourg; 4 Election Sign By-law By-law No
9 3. TIME RESTRICTIONS 3.1 No person shall place or permit to be placed an Election Sign for a Federal or Provincial election or by-election earlier than the day the Writ of Election or By-Election is issued. 3.2 No person shall place or permit to be placed an Election sign for a Municipal Election: a) earlier than Nomination Day in the year of a Regular Election; or b) earlier than Nomination Day for a by-election. 3.3 No person shall place or permit to be placed an Election Sign for a municipal election on a campaign office earlier than the day that Candidate has filed their nomination with the Municipal Clerk. 3.5 An Owner shall remove their Election Sign within seventy-two (72) hours immediately following 11:59 p.m. of the day of the election. 4.0 ELECTION SIGNS ON PUBLIC PROPERTY 4.1 No person shall place or permit to be placed an Election Sign on Public Property. 4.2 No person shall place or permit to be placed an Election Sign: a) on a Roadway; b) that impedes or obstructs the passage of pedestrians on a Sidewalk; c) between a Roadway and a Sidewalk; d) in a Median Strip; e) in a Sight Triangle; f) less than 3 metres of a Crosswalk; g) on a tree, or a fence or a gate located on Public Property; h) on or within a vehicle parked within 50 metres of a voting place; i) on a utility pole; and 5. ELECTION SIGNS ON PRIVATE PROPERTY 5.1 Election signs may be erected or displayed on private property if: a) The signs are no larger than 1.22 metres by 1.22 metres (4 feet by 4 feet) and the sign height is no higher than two metres above ground level, save and except signs on campaign offices, billboards and signs displayed indoors; 5.2 No more than two (2) election signs per candidate are permitted on any one piece of land zoned residential. 5 Election Sign By-law By-law No
10 5.3 No more than three (3) election signs per candidate are permitted on any one piece of land zoned other than residential. 5.4 An election sign may be displayed on an illuminated billboard or mobile sign provided that each billboard structure or mobile sign has been installed under the authority of a permit issued under the applicable Town of Cobourg By-law. 5.5 The use of any otherwise approved sign structure is governed by the Town of Cobourg's Sign By-law. 6 REMOVAL AND RETURN OF ELECTION SIGNS- POWERS OF THE MUNICIPAL CLERK 6.1 The Municipal Clerk and/or a Municipal Enforcement Officer may remove any Election Sign erected in contravention of this by-law without notice. 6.2 The Municipal Clerk and/or Municipal Enforcement Officer may destroy any Election Signs which have been removed and not claimed or retrieved by the Candidate, persons, or Owner within the time period as prescribed by the Municipal Clerk. 6.3 The Municipal Clerk may make regulations under this by-law prescribing the rules and procedures for the retrieval and destruction of Election Signs removed under section 5.1 and 5.2 including without limitation, the form of and any information required to be provided to the Municipal Clerk and Municipal Law Enforcement Officer to authorize the release of an Election Sign, dates on or by which an Election Sign may be retrieved or destroyed and the manner in which notice may be given to an Owner relating to the retrieval and destruction of the Election Sign. 7. LIABILITY 7.1 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 any such signs. Likewise, the provisions of this section shall not be construed as imposing on The Corporation of the Town of Cobourg, its officers, employees, servants, agents and contractors any responsibility or liability (whatsoever) by reason of the removal of any sign. 8. ENFORCEMENT 8.1 This By-law may be enforced by the Municipal Clerk and the Municipal Law Enforcement Officer. 9. PENALTY 9.1 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act, R.S , c P Election Sign By-law By-law No
11 10. FORCE AND EFFECT 10.1 THAT Section 11(4) of By-law No is hereby repealed THAT this By-law shall come into force and effect upon the date of passing. READ a first, second and third time and finally passed in Open Council this day of, MAYOR MUNICIPAL CLERK 7 Election Sign By-law By-law No
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