Submitted to: Submitted by: Subject: STAFF REPORT #C2018-05 Standing Committee 3/5/2018 Council 3/26/2018 Amendments: n/a Corporate and Community Services Standing Committee Council Sara Almas, Clerk Sign By-law Amendment Election Signs PURPOSE The purpose of this report is to update regulations pertaining to election signs to reflect the recent changes to the Municipal Elections Act in terms of third party advertisers, and provide clarity to some of the issues that arouse in the 2014 Municipal Election with respect to election signs. RECOMMENDATION THAT the Corporate and Community Services Standing Committee receive Staff Report C2018-05, and support staff proceeding with public consultation in accordance with our Notice By-law; and staff to report back to Council with any public feedback for review prior to final consideration of the Election Signage By-law. AMENDMENTS None 1. BACKGROUND Bill 181 - the Municipal Elections Modernization Act introduced several significant changes to the Municipal Elections Act (MEA) that will be in effect for the 2018 Municipal and School Board Elections. One of the significant changes is the addition of Third Party Advertisers. A third party advertisement can be communicated through radio, television, newspaper, the internet or any other type of media. Campaign buttons, signs, or other things that identify supporters or opponents of any candidate can also be types of third party advertising. Third party advertisers are required to register with the municipality where they want to advertise. If they want to advertise in more than one municipality they would be required to register in each of those municipalities. Registration would allow a third party advertiser to promote or oppose any candidate running for council positions or school board positions or promote or oppose a question on a ballot. Election Signs Candidates and Third Party Advertisers Page 1 of 10 Page 27 of 46
Third party advertising must be done independently of candidates. Candidates cannot participate or direct a third party advertiser on where they should focus their efforts, or what the advertisement(s) should say. Candidates are not be able to register as third party advertisers. As a result of this significant change in the Municipal Elections Act, amendments to the rules and regulations governing election signs are required to address third party advertising in the form of signs. Additionally, it provides an opportunity to review and update the previous election sign regulations. 2. INPUT FROM OTHER SOURCES Association of Municipal Clerks and Treasurers City of Toronto Election Sign Regulations Various Municipalities within Simcoe County and of similar size to Collingwood 3. APPLICABLE POLICY OR LEGISLATION Municipal Elections Act, 1996, S.O. 1996, c. 32, as amended 4. ANALYSIS Some of the issues with regard to previous election signage included the amount of signage that was permitted ( clutter & additional waste ), location of the signs, authority to remove signs if it was felt that the sign was causing a safety issue or permission was not sought to place the sign on a particular property, and placement of signs on billboards, in vehicles and front windows of businesses and homes. In addition, it is desirable to remove the specific provisions relating to election signage from the existing comprehensive sign by-law and have all regulations for election signage form a separate specific by-law. This will provide a simplified document for candidates and third party advertisers, for municipal, provincial and federal elections to reference. Significant amendments include: Removal of election signs within 72 hours after the date of the election, from the previous 5 day requirement. Provides clarity to where election signs can be posted. Limit the size of election signs placed on private property from 1m 2 to 0.56m 2. Distance separation requirement between third party advertiser and candidate election signs. Deposit requirement to draw upon should Municipal By-law Officers need to remove a sign that is found to be in contravention of the election sign regulations. Public notice is required to proceed with any amendments pertaining to signage under the Town s Notice By-law. A public consultation period will take place throughout March, subject to approval of this report. 5. EFFECT ON TOWN FINANCES The deposit of $200.00 per candidate or third party advertiser provides for some cost recovery when enforcing the by-law. Election Signs Candidates and Third Party Advertisers Page 2 of 10 Page 28 of 46
6. APPENDICES & OTHER RESOURCES Appendix A Proposed By-law specific to Election Sign Regulations Resource 1 Current Sign By-law 2012-110 SIGNATURES Prepared by: Becky Dahl, Deputy Clerk Town of Collingwood Department Head: Sara Almas, Clerk Town of Collingwood Election Signs Candidates and Third Party Advertisers Page 3 of 10 Page 29 of 46
BY-LAW No. 2018-XXX OF THE CORPORATION OF THE TOWN OF COLLINGWOOD BEING A BY-LAW TO REGULATE ELECTION SIGNS WITHIN THE TOWN OF COLLINGWOOD WHEREAS pursuant to Section 11.3 of the Municipal Act, S.O. 2001, c. 25, as amended, provides hat councils of lower tier municipalities may pass bylaws respecting structures including fences and signs; AND WHEREAS section 99 of the Municipal Act, 2001 S.O. 2001 c.25 authorizes a municipality to pass bylaws regulating advertising devices; AND WHEREAS the Municipal Elections Act, 1996, S.O. 1996, c. 32 provides provisions for election campaign advertising which includes but is not limited to election signs; AND WHEREAS By-law No. 2012-110 was enacted and passed to regulate or prohibit signs and other advertising devices within the municipality; AND WHEREAS the Council of the Town of Collingwood deems it necessary to remove the election sign provisions currently in By-law No. 2012-110 and form a separate by-law for the regulation of election signs for the purpose of preventing the unlimited proliferation of signs on highways and property that would create dangerous and undesirable situations, and to reflect the addition of third party advertisers as per the Municipal Elections Act; NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS: 1. DEFINITIONS 1.1. In this By-law the following terms shall have the meaning indicated below: boulevard means the portion of a highway which is grassed or landscaped between the sidewalk and the curb line or in the case where there is no sidewalk, the municipal property line and the curb line, and does not include the sidewalk and any centre median strip or island separating two (2) roadways. campaign office means a building or portion of a building which is used by a candidate or an agent of a candidate as part of an election campaign and where a candidate s campaign staff are normally present and the public may enter to obtain information about the candidate. candidate shall have the same meaning as in the Canada Elections Act, the Elections Act Ontario or the Municipal Elections Act as applicable and shall be deemed in include a person seeking to influence other person to vote for or against a question or by-law submitted in accordance with the Municipal Elections Act, 996, as amended. Clerk means the Municipal Clerk or designate as appointed by the Council of the Town Election Signs Candidates and Third Party Advertisers Page 4 of 10 Page 30 of 46
of Collingwood and who is responsible for conducting this election under the authority of the Municipal Elections Act. election sign means a sign advertising or promoting the election of a candidate or political party for public office in a federal, provincial, school board or municipal election, or a question, law or by-law submitted to the electors under the Canada Elections Act, the Elections Act (Ontario), or the Municipal Elections Act, 1996, and includes sign advertising of registered third party advertisers. Help Centre means a location designated by the Clerk supplied with a telephone and internet connection to accommodate voting during the voting period of the municipal election. Municipal Election Sign Identification Sticker shall mean the official sticker supplied by the Town of Collingwood to a candidate or third party advertiser for use on election signs. Officer means a person appointed by the Council of the Town of Collingwood for the purpose of enforcing municipal by-laws and includes the Clerk or designated election staff for the purpose of this by-law. Private Property means lands which are not defined as Public Property. Public Property means any real or material property owned by or under the control of the Town of Collingwood or any of its agencies, boards or commissions, including highways, boulevards and road allowances, roadside ditches, parks, gardens and shall be deemed to include public utilities facilities, regardless of whether the poles are owned by or under the control of the Town and shall also be deemed to include buses, bus shelters, benches, municipal garbage containers or other structures located on a highway regardless of whether the shelters, containers or structures are owned by the Town. Sight Triangle means the triangular space formed 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 9 metres 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 line or the intersection of the tangents to the street lines. registered third party means, in relation to an election in a municipality, an individual, corporation or trade union that is registered under section 88.6 of the Municipal Elections Act. third party advertisement means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing, a candidate or a yes or no answer to a question on the ballot, but does not include an advertisement by or under the direction of a candidate, by a registered third party in accordance with the Municipal Elections Act. For the purpose of this by-law, all third party advertising in the form of a sign shall be considered an election sign. Town means the Corporation of the Town of Collingwood. voting place means the entire property and all the boundaries associated with it, when such voting place is located within a public premises and shall mean all of the common elements when the voting place is located on private premises, including Help Centres. Election Signs Candidates and Third Party Advertisers Page 5 of 10 Page 31 of 46
2. GENERAL PROVISIONS 2.1. Nothing herein shall be deemed to prevent the posting of any election proclamation in regard to any election, or any voter s list under the statute in that behalf, nor the display of election signs by candidates or third party advertisers during any election, provided that such signs are erected in accordance with the provisions set out in this By-law. 2.2. Timeframe for Displayed Election Signs 2.2.1. No candidate or third party advertiser shall erect or display, or cause to be erected or displayed, any such signs prior to the date which is sixty (60) days before the fixed date for the election. 2.2.2. All election signs must be removed within 72 hours after the date of the election, by the candidate or the candidate s representative. 2.3. Number of Signs Permitted 2.3.1. A candidate or third party advertiser shall erect or display, or cause to be erected or displayed, no more than fifty (50) election signs at any time within the municipality on public property. 2.3.2. All election signs require a Municipal Election Sign Identification Sticker be affixed to the sign in a visible location. Such stickers will be provided to each candidate or registered third party advertiser upon receipt of the required deposit. 2.3.3. Subsection 2.3.3 of this by-law shall not apply to election signs erected or displayed on private property. 2.3.4. Election signs that are placed in a V formation must not utilize a common post or touch in any fashion and require two (2) Municipal Election Sign Identification Stickers. 2.3.5. Election signs displaying the same message on the front and back require one (1) Municipal Election Sign Identification Sticker. 2.3.6. Election signs displaying a different message on the front and back require two (2) Municipal Election Sign Identification Sticker. 2.3.7. Elections signs posted on vehicles shall be counted towards the allotment of the fifty (50) election signs requiring a Municipal Election Sign Identification Sticker. 2.4. Size and Location of Signs 2.4.1. Posts used for the display of or support for election signs should not be higher than the top of the sign area as to cause any safety hazard such as wood or metal stakes or posts with sharp edges. 2.4.2. Election signs for third party advertisers shall be located a minimum of fifty (50) metres form any candidate election sign, upon discretion of the Officer. If discrepancy of which sign was erected first, both signs in question shall be removed. 2.4.3. Election signs shall be positioned in such a way that the sign does not obstruct or block the visibility of another election sign. 2.4.4. The location of election signs shall adhere to the restrictions provided for in this by-law. 2.4.5. Election Signs on Private Property Election Signs Candidates and Third Party Advertisers Page 6 of 10 Page 32 of 46
2.4.5.1. Election signs may be erected or displayed on private property if the sign: a) is erected with the consent of the owner or tenant of the property; b) has a maximum sign display area of 0.56m 2 ; c) it is set back a minimum of 3.0 metres from the edge of the sidewalk closest to the private property or in the case where there is no sidewalk, from the edge of the road, so as to not interfere with or obstruct vehicle or pedestrian traffic. 2.4.6. Election Signs on Public Property 2.4.6.1. Election signs may be erected or displayed on public property if the sign: a) Is erected on the landscaped boulevard in front of property zoned as a commercial or industrial land use in accordance with the Town of Collingwood Zoning By-law; and b) has a maximum sign display area of 1.0 m 2. 2.5. Restrictions to the Display of Election Signs 2.5.1. No person shall affix, erect or otherwise display an election sign or permit an election sign to be affixed, erected or otherwise displayed: a) on private property without the expressed consent of the owner or tenant of the property; b) on the landscaped boulevard between the road and sidewalk, except for in commercial and industrial areas; c) on a public sidewalk or in such other locations on, over or near a sidewalk so as to interfere with or obstruct pedestrian traffic; d) which includes rotating, illuminated or electronic displays that incorporates in any manner any flashing or moving illumination which varies in intensity or which varies in colour and signs which have any visible moving parts or visible mechanical movement of any description; e) on or overhanging public property; f) on a utility pole or light standard; g) on billboards; h) within medians, centre boulevards or traffic islands located within a roadway; i) on a tree, stone or other natural object; j) on any official sign or official sign structure; k) on a sound barrier wall or fence, including hoarding; l) in or on a bus shelter; m) within a sight triangle; n) in addition to a sight triangle, any location that would, by reason of size, location, or illumination, obstruct the vision of drivers or pedestrians, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device or any other sign authorized pursuant to the Sign By-law so as to endanger any person or risk damage to any vehicle; Election Signs Candidates and Third Party Advertisers Page 7 of 10 Page 33 of 46
o) inside or outside of a municipal facility or on associated property; p) within 100 metres (325 feet) of a voting place and the associated property; q) on a vehicle or trailer or any mobile device parked within 100 metres (325 feet) of a voting place; r) in a location where the election sign obstructs or impedes any required fire escape, fire exit, door, window, etc., or so as to prevent or impede access of firefighters to any part of a building; s) constitutes a danger or hazard to the general public; 2.5.2. Candidate and third party advertisements for those seeking office in a municipality or other jurisdiction other than the Town of Collingwood are not permitted with the geographical limits of the Town. 2.5.3. This By-law only regulates to election signs located within the jurisdiction of the municipality. Any signs to be located on a County Road must abide by the County of Simcoe Sign By-law or any other applicable Provincial or Federal Statute or Regulation. 2.6. Mandatory Information on Elections Signs and Advertisements 2.6.1. All parties, including candidates and third party advertisers, shall comply with the sign and advertisement requirements set out in Section 88 of the Municipal Elections Act, as amended. 2.6.2. No person shall display on any election sign a logo, trademark or official mark, in whole or in part, owned or licensed by the Town. 2.6.3. All candidate election signs and advertisements purchased by or under the direction of a candidate shall identify the candidate. 2.6.4. All election signs supplied by a third party advertiser shall contain the following information: a) the name of the registered third party b) the municipality where the registered third party is registered; c) a telephone number, mailing address or email address at which the registered third party may be contacted regarding the advertisement. 3. ELECTION SIGN DEPOSIT 3.1. Prior to any election sign being erected within the Town of Collingwood, candidates and registered third party advertisers shall submit a deposit fee of $200 to the Clerk, or designate, in the form of cash, debit or cheque payable to the Town of Collingwood. Upon receipt of the deposit, the Municipal Election Sign Identification Stickers will be provided to the candidate or third party advertiser ; 3.2. Sign deposits are due and payable at the time of the filing of nomination papers or prior to the erection of any election sign. 3.3. The Clerk s decision to retain the deposit shall be final and not subject to review. 3.4. In the event that the deposit is not retained, the Clerk shall direct the Treasurer to refund the deposit paid under this By-law upon satisfactory removal of all election signs. Election Signs Candidates and Third Party Advertisers Page 8 of 10 Page 34 of 46
4. ENFORCEMENT & REMOVAL OF SIGNS 4.1. The Town reserves the right to remove, without notice to any person, including the candidate or third party advertiser, any election sign which it deems to be a hazard to the travelling public or to any person, regardless of its compliance to Section 2 and 3 of this By-law. 4.2. Candidates or third party advertisers that have been requested to remove an election sign by the Town must remove the sign within twelve (12) hours of the request being made. If not removed within the required timeframe, the Town reserves the right to remove the sign without any further notice to the candidate or third party advertiser. 4.3. Election signs removed by the Town are subject to the deposit being retained by the municipality as follows: a) 1 st sign removed $35 taken from deposit, b) 2 nd sign removed additional $65 taken from deposit, c) 3 rd sign removed balance of deposit retained by municipality. 4.4. The Clerk may destroy any election sign which has been removed and not claimed and retrieved by the candidate or third party advertiser, or a delegate on their behalf, within five days after the sign being removed. 5. DAMAGE TO ELECTION SIGNS 5.1. The Town of Collingwood shall not be liable for any damage or loss to any signs for the purpose of an election campaign that was displayed in accordance with this By-law or that was removed by an Officer of the Town of Collingwood. 6. PENALTIES AND OFFENCES 6.1. Any person to whom is found guilty of an offence under this by-law shall comply with section 5. If compliance is not obtained through section 5 of tis by-law, every person who is found in contravention shall be deemed to be guilty of an offence and upon conviction shall be liable to such fines as may be provided for the Provincial Offences Act, R.S.O., 1990, c.p-33, as amended, or permitted to continue, shall constitute a separate offence and may be punishable as such there under. Such fine shall be recoverable under Provincial Offences Act. 7. LIABILITY 7.1. The provisions of this by-law shall not be construed as relieving or limited 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 Collingwood, its officers, employees, servants, agents and contactors any responsibility of liability (whatsoever) by reason of the removal of any sign. Election Signs Candidates and Third Party Advertisers Page 9 of 10 Page 35 of 46
8. CONFLICTS 8.1. In the event of a conflict between the provisions of this by-law and the provisions of another by-law of the Corporation of the Town of Collingwood regulating signage, the provisions of the more restrictive enactment shall prevail. 8.2. All previous By-Laws and resolutions and parts of by-laws and resolutions relating to the placement of election signs in the Town of Collingwood inconsistent with the previsions of this by-law, are hereby repealed. 9. OTHER LAWS 9.1. Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws where regulating signs or for obtaining the approval of the Federal and Provincial governments or agencies thereof as required or for obtaining the approval of the property owner, or any other statues that regular election signs. 10. VALIDITY 10.1. In the event any provision, or part thereof, of this by-law is found by a court of competent jurisdiction, to be ultra vires, such provision or part thereof, shall be deemed to be severed, and the remaining portion of such provision and all provisions of this by-law shall remain in full force and effect. 11. TITLE 11.1. This by-law may be cited as the Election Sign By-Law. 12. REPEAL OF BY-LAW 12.1. THAT Section 16 of By-law No. 2012-110, be hereby repealed, including any reference to election signs throughout such by-law. 13. FORCE AND EFFECT 13.1. THAT this By-law shall come into full force and effect on the date of final passage hereof at which time all By-laws and/or resolutions that are inconsistent with the provisions of this By-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this By-law. ENACTED AND PASSED this 26 th day of March, 2018. MAYOR CLERK Election Signs Candidates and Third Party Advertisers Page 10 of 10 Page 36 of 46