Say! Draft Advertising Signage in Public Places Bylaw. Have your

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1 Have your Say! Draft Advertising Signage in Public Places Bylaw 2017 Ashburton District Council is reviewing its Advertising Signs, Placards and Footpath Advertising Controls Bylaw and is proposing to amend the bylaw. Council is now consulting on this bylaw. This document includes the draft Advertising Signage in Public Places Bylaw and tells you how you can give us feedback. We are accepting feedback on the proposed bylaw until 30 July 2017

2 Ashburton district council draft Advertising Signage in Public Places bylaw 2017 Introduction Signage is a key tool used to advertise information to the public about businesses and tourist attractions. The Local Government Act 2002 gives councils the authority to make bylaws. This includes bylaws to regulate certain activities in order to protect the public from nuisance, and to protect, promote and maintain public health and safety. Council currently has a bylaw to regulate advertising signage in Ashburton District. This bylaw was last reviewed in 2008 and therefore is being reviewed as scheduled. The proposal is to amend this bylaw to ensure the bylaw is consistent with other Council bylaws, plans and policies. This booklet sets out what the proposed changes are and includes a consultation form so you can have your say. Why is a bylaw required? Council is proposing an Advertising Signage in Public Places Bylaw because there is an identified need to manage signage in public areas of the district. Council has determined there is evidence of a perceived problem regarding signage and that the most appropriate way to address this is through a bylaw. Council has also determined the bylaw is necessary to prevent the public display of signage that is likely to cause a nuisance or serious offence to ordinary members of the public or is incompatible with the existing character or use of certain areas in Ashburton District. The purpose of this bylaw is to ensure that advertising signs displayed on a public place is done in such a manner that it does not present a hazard or danger to public safety while maintaining and preserving the visual amenity of Ashburton District. Key Issues for Advertising Signage The new bylaw has been drafted with consideration of the following key issues: The potential for signs to cause offence or contain objectionable material. The potential for a visual amenity due to size, shape and location of signs. Multiple signs erected on a single property may be considered a nuisance. The construction and maintenance of signs must comply with the Building Act Signs overhanging footpaths must meet the necessary height clearances set out in the District Plan. Temporary signs (including real estate signs) must meet the District Plan requirements.

3 page 3 What is proposed? The bylaw attempts to balance an appropriate level of control with the legitimate needs of businesses to promote and advertise in Ashburton District. The aim of the bylaw is to support a balanced signage environment that does not adversely impact on visual amenities. Other changes have been made to the bylaw to ensure it is consistent with other Council documents. These include: Council believe that many of the issues addressed by the existing 2008 bylaw remain current and appropriate for the district today. The proposed Advertising Signage in Public Places Bylaw is based on the existing bylaw but with a number of changes to ensure the bylaw is clear, relevant and consistent with other Council bylaws, policies, strategies and plans. Removal of the clause relating to election signs as Council has a separate policy to cover this type of signage; Addition of new definitions for clarity and consistency; and Updated signage specifications to match the District Plan. The main change proposed in the bylaw is the inclusion of a new clause regulating signage advertising sexual services. Council is authorised to include this clause under the Prostitution Reform Act Signs must not be offensive, display any pictorial image, exceed 0.33 square metres in surface area and must not be illuminated by any flashing lights or changeable messages. These controls ensure that any signs remain small and discreet. Please refer to clause 12 of the draft Advertising Signage in Public Places Bylaw for further details of this proposal. o Council consider these clauses necessary to meet the current and future needs of the Ashburton community. o These clauses address how advertising signs may be erected in Ashburton District. o Council feel it is important to provide controls on the content of signage in order to regulate any nuisance that may arise from offensive or objectionable content. The proposal to adopt this bylaw is considered appropriate because:

4 Ashburton district council draft Advertising Signage in Public Places bylaw 2017 Alternatives to a bylaw Revoke the Bylaw Council could choose to revoke the bylaw, or let the bylaw expire. As an alternative, Council could rely on existing legislation, and/or introduce alternative, non-regulatory measures (eg: increased proactive monitoring, education campaigns etc) to address potential nuisance that may arise from advertising signage. The District Plan contains policies which relate to the control of signage. However, these policies relate to signage on private property and provide a different regulatory function to what the bylaw covers. This was not the preferred option because: Removal of the bylaw will mean there is less ability to enforce any regulations related to signage; Removal of the bylaw may result in an increase of offensive or objectionable signage; It may not be supported by the community as it could be seen as not protecting the community s interests; Relying on existing legislation will not provide the same controls a bylaw does; Alternative non-regulatory measures would be less effective than enforcement mechanisms; There would be additional costs associated with implementing alternative non-regulatory measures. Continue with the existing bylaw Council could choose to roll over the existing bylaw. However, this is not considered the best option as Council would be missing an opportunity to resolve any inconsistencies between the bylaw and other Council documents. Continuing with the existing bylaw also means there would be no rules in place regarding advertising of sexual services. This could lead to offensive or objectionable signage in Ashburton District. Relevant determinations Council is authorised to make this bylaw under section 145 of the Local Government Act 2002, which provides territorial authorities with a general bylaw-making power. Section Determination whether bylaw made under the LGA is appropriate Section 155 of the Local government Act 2002 requires Council to determine whether or not a bylaw is the most appropriate way of addressing a perceived problem, whether the bylaw is the most appropriate form of bylaw and whether or not the bylaw gives rise to any implications under the New Zealand Bill of Rights Act Council has undertaken a review of the bylaw and has determined that the proposed new Advertising Signage in Public Place Bylaw: Is the most appropriate way of addressing the perceived problems; Is considered to be the most appropriate form of bylaw; Does not give rise to implications under the New Zealand Bill of Rights Act 1990; and Is not considered to be inconsistent with the New Zealand Bill of Rights Act 1990.

5 page 5 Draft Advertising Signage in Public Places Bylaw Title The title of this bylaw is Ashburton District Council Advertising Signage in Public Places Bylaw Purpose The purpose of this bylaw is to ensure that signs are erected, maintained, and displayed in such a manner that they do not create a nuisance, cause offence or present a hazard or a danger to pedestrians or vehicles. 3. Related Documents Ashburton District Council District Plan Ashburton District Council Brothel Location Bylaw 2016 Ashburton District Council Transportation and Parking Management Bylaw 2015 Building Act 2004 Local government Act 2002 Prostitution Reform Act 2003 Resource Management Act 1991 election Signs Policy 2015 Local electoral Act 2001 and electoral Act Application This bylaw covers: signage located on Council owned premises, land or road reserve; and signage located on private property in Ashburton District, where the purpose of that signage is for the advertisement of commercial sexual services This bylaw does not apply to: any traffic safety or directional signs that are installed by the Council, its authorised officer or agent, or the New Zealand Transport Agency (these are covered by the Ashburton District Council Transportation and Parking Management Bylaw 2015); signage located on private property (without restricting clause 4.1.2); and sign writing on licensed vehicles (covered by the Ashburton District Plan). 5. Definitions AuThoRISeD officer or AGenT: any person appointed or authorised in writing by the Chief executive or by Council to act on its behalf and with its authority. RoAD ReSeRve: any part of the legal road including formed road areas designed for the carriage of vehicles, and adjacent footpath and berm areas, usually adjoining property boundaries (including privately owned premises) on either side of the road. CommeRCIAL SexuAL SeRvICeS: has the same meaning set out in section 4 of the Prostitution Reform Act 2003 and generally means services that: (a) Involve physical participation by a person in sexual acts with, and for the gratification of, another person; and (b) Are provided for payment or other reward (irrespective of whether the reward is given to the person providing the services or another person). CommeRCIAL SexuAL PRemISeS: has the same meaning as defined in the Prostitution Reform Act 2003 and means any premises used for the purposes of providing Commercial Sexual Services. CounCIL: means Ashburton District Council.

6 Ashburton district council draft Advertising Signage in Public Places bylaw 2017 DISTRICT: means Ashburton District. nuisance: anything that disturbs the reasonable use of property or endangers life and health, or is offensive. PeRSon: a natural person, corporation sole or a body of persons whether corporate or otherwise. PRemISeS: a) a property or allotment which is held under a separate certificate of title or for which a separate certificate or title may be issued and in respect of which a building consent has been or may be issued; or b) a building or part of a building that has been defined as an individual unit by a cross-lease, unit title or company lease and for which a certificate of title is available; or c) Land held in public ownership (eg: reserve) for a particular purpose. ReAL estate SIGn: a sign including information about the proposed or pending sale of any premises or business. SexuALLy offensive: means any content of a sexually explicit nature which may be considered offensive to an ordinary person, or in the opinion of the Council. SIGn: includes every advertising device or advertising matter of whatever kind whether consisting of a specially constructed device or structure, painted, fixed to or upon any premises, wall, fence, rock, stone, structure, stationary vehicle, or erection of any kind whatsoever if such advertising device or matter is visible from any public place, but does not include signs that are required for the direction of the public by a roading authority such as Transit New Zealand or the Ashburton District Council. TemPoRARy SIGn: means a sign for a community, educational, election campaign or recreational event, and during building construction, within the Ashburton District; being of a total maximum area of 5 square metres, but may be less dependent on restrictions under specific regulations or legislations. Signs are permitted to be erected 6 weeks prior to the event and removed within one week of the completion of the promoted activity. Provided that signs authorised as shop sandwich boards shall not be classified as temporary signs. 6. General requirements for construction and maintenance of signs No sign shall be made, erected, or constructed otherwise than in a safe manner securely fastened to a permanent structure Signs on the faces of buildings, sky signs and pole signs shall, if required by Council, be designed by a structural engineer and shall be located in a position approved by Council every sign shall at all times be maintained in good repair and condition If any sign shall at any time not be in good order and condition, or if it shall at any time be unsightly or dangerous, the Council may, by notice in writing, require such owner or lessee to repair or secure or otherwise put in order or remove such sign within a period stated in such notice. 7. Temporary signs Temporary signs advertising the sale of property on which the sign is not situated shall be restricted to a maximum of 5.0 square metres in any location No temporary signs may be attached in any way to power or telephone poles or to fences on any public property No temporary sign shall be erected for a period greater than 6 months Free-standing temporary signs associated with sporting, recreational or cultural functions on Council reserves may be displayed subject to permission granted from the Open Spaces Manager. Approved advertising will only be displayed: in proximity to the area where the activity is taking place,

7 page for the duration of the activity, and; if it is of a nature that is unlikely to cause offence. 8. Dispensation or waiver Where an applicant wishes to erect a sign that is not in conformity with this bylaw, that person may make application for a dispensation or waiver. Nothing in this bylaw shall negate the requirement of a person wishing to erect a sign to also comply with the requirements of the District Plan or be in accordance with the Building Act 2004, Resource Management Act 1991 or the Prostitution Reform Act Placards and markings on buildings, posts, utilities, pavements and footpaths No person shall Place any poster, or other document on, or write, or otherwise disfigure or deface, any building or any wall, fence, statue, lamp post, veranda post, gate, telegraph or telephone post, or electric light or power post, or any public utility, waiting-shed, convenience, rubbish receptacle, fireplug notice plate, or upon anything whatsoever erected in or constructed or standing on or abutting any public place; Stamp, stain, paint, write, print, or post any advertisement or notice upon any public place or kerbstone, footpaths, public utility or steps, except with the prior written authority of Council and then only in conformity with the terms of any permit that may be granted; or Upon or over any footpath of any public place display or carry any placard, board, flag, screen, or frame by way of advertisement, unless permission in writing shall has been obtained from Council. Provided that Council may by resolution from time to time specify conditions with regard to the control of such advertising signs. 10. Sandwich board signs and other off-site advertising signs Retailers and business premises may advertise their business by means of portable display boards in the immediate vicinity of their premises without having to seek the written permission of Council in each individual case. Such advertising should not obstruct public thoroughfares or present an obstacle to the public, including disabled persons general exemption is granted to allow signs to be displayed up to 600mm from the legal boundary or up to 600mm from the adjacent kerb. In all cases a clear pedestrian access way not less than 2 metres wide is to be retained. Signs displayed on public thoroughfares shall not exceed 1.2 meters in height or 65 centimetres in width and shall be so located as not to interfere with street furniture or fittings or with the opening of car doors in parking metered areas Signs may only be displayed immediately outside the premises to which they or the goods or services they advertise relate Council officers are authorised to give written notice requiring the removal of signs which do not comply with this Council bylaw. Such notice may require the removal of signs forthwith, failing which the signs may be impounded by Council and released only upon payment of a fee set by the Council from time to time Any person who repeatedly displays a sign without Council consent or in contravention of this bylaw shall receive only one (1) 24 hour warning notice and thereafter it shall not be a requirement that a Council Officer serve written notice prior to the sign being seized and forfeit to Council. 11. Removal of offending signs If any sign, whether or not approved by Council, fails to conform with all of the provisions of this bylaw it shall be the duty of the occupier of the premises on which such sign shall have been displayed, erected or affixed or to which it relates, after being served with a notice in writing from Council to take down and remove such sign or so much thereof as does not conform with the provisions of this part of the bylaw within the period of time specified in the notice If the person on whom such notice has been

8 Ashburton district council draft Advertising Signage in Public Places bylaw 2017 served fails to comply with the terms of such notice within the time stated therein they shall be liable for prosecution for an offence against this part of the bylaw Council may revoke an approval for any sign deemed offensive pursuant to this part of the bylaw on failure to comply with the terms of notice in clause Council reserves the right to remove without notice any sign that is illegal or in the Council s opinion is considered to be hazardous, dangerous or offensive to the public. In such cases the Council will, where possible, notify the person or persons responsible. The Council may recover the cost of dealing with signs that breach this bylaw from the sign owner and/or operator, including those costs associated with the storage of the offending signs Where any poster, or other document, or writing, or other disfigurement or defacement, has been placed or made the Council reserves the right to remove or cancel the material and recover the cost of such remedial action from the person(s) responsible Council may also place stickers on offending signs to the effect that it is cancelled. 12. Signage advertising commercial sexual services Publicly visible signage that advertise commercial sexual services must be no larger than: square metres in residential zones of the Ashburton District Plan; or square metre in all other zones of the Ashburton District Plan A person may only display signage advertising commercial sexual services attached either to a fence or a wall on the premises at which the services are provided Publicly visible signage advertising commercial sexual services may only contain: the name of the operator or registered business; street number; and telephone number Publicly visible signage advertising commercial sexual services must not contain: flashing lights; changeable message signage; or sexually offensive or explicit content. 13. Offences and penalties Every person who breaches this bylaw commits an offence and is liable on summary conviction to a fine not exceeding $20, Amendments This bylaw amends the Ashburton District Council Advertising Signs, Placards, and Footpath Advertising Controls Bylaw.

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10 Ashburton district council draft Advertising Signage in Public Places bylaw 2017 Have your say! Your views on the proposed new Advertising Signage in Public Places Bylaw are important to us and we encourage you to make a submission. Written submissions can be made to the Council up until 5pm on 30July The easiest way to provide your feedback is to complete it online at ashburtondc.govt.nz. Alternatively, you can provide feedback by filling in the attached submission form and getting it back to us using one of the following Freepost to: Bylaw Reviews Freepost PO Box 94 Ashburton to: communityplanning@adc.govt.nz Hand in to: Council reception, Ashburton Museum, Ashburton Public Library and the EA Networks Centre. Submit online at: ashburtondc.govt.nz Submissions close at 5pm on Sunday 30 July 2017 What happens next? BYLAW DEVELOPMENT PROCESS Date Community consultation 30 June 30 July 2017 Submission hearings Submitters can present their submission to the Bylaw and Policy Subcommittee in person at a hearing Bylaw finalisation The Subcommittee will consider and deliberate on submissions, making the necessary changes to the draft bylaw as a result of submissions. This stage may also include further legal review of the proposed bylaw Bylaw adopted by Council The new bylaw is expected to be adopted by Council at this meeting and will be in force. 31 August 2017 By 10 September September 2017

11 Tell us what you think page 11 Your feedback is valuable to us. Thank you for taking the time to make a submission. You may have other things to tell us as part of your feedback - please attach any additional information to this form. Please note, all submissions are public documents and will be made available on Council s website with the names and contact details of submitters included. Who First name: Organisation (if appropriate): Street number: Suburb / Town / RD: Phone: Street name: Last name: Postcode: Do you wish to speak in support of your submission at the hearing? (If no boxes are ticked, it will be considered that you do not wish to be heard) Yes: Hearings are expected to be held in the Council Chamber, 2 Baring Square East on 31 August No: I do not wish to speak in support of my submission and ask that the following written submission be fully considered. 1. What aspects of the proposed bylaw do you agree with and why? (please specify the topic and/or clause numbers) 2. What aspects of the proposed bylaw do you disagree with and why? (please specify the topic and/or clause numbers)

12 Ashburton district council draft Advertising Signage in Public Places bylaw Do you have any other comments, ideas, or feedback? Signature: Date: FOLD HERE FreePost Authority Ashburton District Council PO Box 94 Ashburton 7740