HomeMy WebLinkAboutLEG 10-17PICKERING
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Report to
Executive Committee
Report Number: LEG 10-17
Date: December 4, 2017
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Proposed Election Sign By-law
- File: L-2000
Recommendation:
1. That the City of Pickering enact the Election Sign By-law attached to this Report.
2. That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this Report.
Executive Summary: After recent amendments to the Municipal Elections Act (Bill 181,
Municipal Elections Modernization Act, 2016), staff reviewed the ,election sign provisions of the
City's existing Sign By-law (6999/09). Staff propose that the election sign provisions within the
existing Sign By-law be deleted and replaced with a stand-alone Election Sign By-law. The
proposed .new Election Sign By-law is Attachment No. 1 to this Report.
The draft Election Sign By-law clarifies the rules related to election signs for municipal, provincial
and federal elections. The draft by-law balances the interests of political candidates with the
interests of the public. On one hand, political candidates need to promote themselves, and their
policy platforms, for election. On the other hand, the public has an interest in ensuring that
election signs are erected, displayed and removed in an orderly and reasonable manner, with
particular regard for safety on and about public highways.
City staff advise that the attached draft by-law establishes a reasonable and prudent balance
between the interests of political candidates and of the public. Staff recommend that the attached
Election Sign By-law be enacted by Council. That being said, the content of the Election Sign By-
law is primarily a matter of political policy, rather than technical expertise. For this reason, it is
especially appropriate that City staff defer to the judgment of Council. Staff therefore invite any
and all comments and questions that Council may have.
Financial Implications: Not applicable.
Discussion: A review of the election sign provisions in the City's existing Sign By-law
6999/09 was undertaken by the City Solicitor, the City Clerk and the Manager, By-law
Enforcement Services after recent amendments to the Municipal Elections Act made in Bill 181
(the Municipal Elections Modernization Act, 2016).
LEG 10-17 December 4, 2017
Subject: Proposed Election Sign By-law Page 2
During staffs review of the legislative amendments, it was determined that a stand-alone Election
Sign By-law was the best way to maintain the rights of political candidates in federal, provincial
and municipal elections, to provide appropriate enforcement measures, to ensure safety and
maintain neighbourhood aesthetics throughout the City. The proposed by-law clarifies the
following:
- where an election sign can be placed;
- the definition of an election sign;
- the process for sign erection and removal;
- the information required on an election sign; and
enforcement provisions.
Vehicle Signs
Issues arose during the last municipal election regarding the propriety of signs mounted on motor
vehicles. The draft by-law provides that signs mounted in or on vehicles or trailers are election
signs, and that the requirements of the by-law apply to them. Vehicle signs are not prohibited by
the draft by-law. Vehicle signs can be displayed in or on a candidate's vehicle on public highways,
however, their size is limited, andthey are subject to all other applicable provisions of the by-law.
The existing Sign By-law does not explicitly deal with vehicle signs. This created uncertainty
during the last municipal election. By expressly allowing vehicle signs, the new by-law resolves
that uncertainty. By imposing some limits on vehicle signs, the draft by-law ensures that vehicle
signs do not become a burdensome expense for political candidates. As vehicle signs become
more common for both commercial and political purposes, there is a risk that candidates will feel
compelled to use more costly vehicle signs and wraps in order to remain competitive. The
additional expenses could be a deterrent to new candidates and to candidates with limited
financial means. Limiting the size of vehicle signs will keep costs down and will also ensure that
new candidates will not be at a disadvantage as compared to sitting councillors, who are entitled
to use City -issued portable magnet signs.
Campaign Office Signs
The draft By-law allows a Candidate to display Election Signs on campaign offices as soon as
they have filed nomination papers. Campaign Office Signs are exempt from certain provisions of
the By-law, such as the size limit and the prohibition on illuminated signs. This will allow
Candidates to have Campaign Office Signs that comply with different requirements that are
sometimes imposed by landlords of commercial premises. Campaign Signs must comply with
application provisions within the old Sign By-law to ensure that they are affixed to buildings in a
safe manner.
Legislative Amendments
The Municipal Elections Modernization Act, 2016 introduced legislative requirements relating to
election signage, which will be in effect for the 2018 municipal election. These requirements are
as follows:
CORP0227-07/01 revised
LEG 10-17 December 4, 2017
Subject: Proposed Election Sign By-law Page 3
- Display of signs at residential premises — No landlord or person acting on a landlord's
behalf may prohibit a tenant from displaying signs in relation to an election on the premises to
which the lease relates.
- Display of signs - condominium corporations -- No condominium corporation or any of its
agents may prohibit the owner or tenant of a condominium unit from displaying signs in relation to
an election on the premises of his or her unit.
- Exception — Despite the above noted amendments, a landlord, person, condominium
corporation or agent may set reasonable conditions relating to the size or type of signs in relation
to an election that may be displayed on the premises and may prohibit the display of signs in
relation to an election in common areas of the building in which the premises are found.
- Despite the above noted amendment, no landlord, person, condominium corporation or
agent may prohibit the display of signs in relation to an election in common areas of the building if
space in the building is being used as a voting place.
Candidates' election campaign advertisements - being an advertisement in any broadcast,
print, electronic or other medium that has the purpose of promoting or supporting the election of a
candidate and 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) — no individual, corporation or trade
union shall incur expenses for a third party advertisement that appears during the restricted period
for third party advertisements unless they are a registered third party with the municipality. All
third party advertisements will be required to identify the name of the registered third party, the
municipality where the third party is registered, and a telephone number, mailing address or email
address at which the registered third party may be contacted.
Municipalities are provided with strengthened provisions to effect the removal or
discontinuance of advertising where the provisions of the Municipal Elections Act, 1996 has been
contravened.
Attachments:
1. Draft Election Sign By-law
Prepared By: Ap ' rov d/Endorsed By:
Debbie Shields Paul
City Clerk Direc
CORP0227-07101 revised
rate Services & City Solicitor
LEG 10-17
December 4, 2017
Subject: Proposed Election Sign By-law Page 4
Prepared By:
Kim Thompson
Manager, By-law Enforcement Services
DS:PB:ks
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
11/470,r. 2, 17
CORP0227-07101 revised
ATTACHMENT# TO REPORT#
The Corporation of the City of Pickering i .0f - ...
By-law No. "'k;ety"/17
Being a by-law to Regulate 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 signs;
And Whereas Council deems it desirable torepeal section 63 of Sign By-law No.
6999/09 regarding Election Signs and to replace it with an Election Sign By-law to
effectively regulate signs which create a nuisance, affect public safety and detract from
the character of the community during an election period.
Now Therefore be it Resolved That the Council of The Corporation of the City of
Pickering enacts as follows:
01 Definitions
01.01 Campaign Office Sign - means an Election Sign displayed on a building
or portion of a building which is used by a candidate or an agent of a
candidate as an election campaign headquarters.
01.02 Candidate - has the meaning ascribed to it in the Canada Elections Act,
the Election Act, or the Municipal Elections Act, as applicable, and shall be
deemed to include a person registered pursuant to any of the above -noted
statutes or an agent for a registered person seeking to influence anyone to
vote for or against a question or by-law submitted to the electors.
01.03 City - means The Corporation of the City of Pickering or the geographical
area of Pickering, as the context requires.
01.04 City Clerk - means the City Clerk of the City of Pickering or a person
delegated by the City Clerk for the purpose of this By-law.
01.05 display — means, but is not limited to, display, erect, affix, attach, place or
maintain or cause or permit to be erected, affixed, attached, placed or
maintained.
01.06 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.
01.07 Election Sign - means any image, words, sign, picture, device, notice or
visual medium, or any combination thereof, including, without limitation,
any poster, placard, bulletin, banner or vehicle wrap, which: (a) identifies,
depicts, promotes, advertises or provides information about (i) an
By-law No. "[C c c ar p "1117 Page 2
individual who is a candidate; or (ii) a question or by-law submitted to
electors; or (b) promotes recognition of or influences persons to vote for or
against any candidate or any question or by-law submitted to electors. An
Election Sign does not include any election campaign literature. For the
purpose of clarification, "Election Sign" includes "Vehicle Sign" and
"Campaign Office Sign".
01.08 Election Sign Owner — any person who places or permits the placing of
an Election Sign, or any person described on the sign, or whose name,
address or telephone number is on the sign or who benefits from the
message on the sign. For the purposes of this By-law there may be more
than one owner of an Election Sign. A person is not an Election Sign
Owner by reason of being an owner of private property on which an
Election Sign is displayed.
01.09 Highway - has the same meaning as in subsection 1(1) of the Highway
Traffic Act and includes unopened and unassumed road allowances.
01.10 Vehicle Sign - means any form of Election Sign displayed in or on a
vehicle or trailer.
01.11 person — includes, but is not limited to, a corporation and the heirs,
executors, administrators, or other legal representatives of an individual
person.
01.12 private property - does not include the side of a fence located on a
property boundary which faces public property.
01.13 Voting Day - means any day on which voting takes place or on which
voting by internet or telephone is permitted within the City.
01.14 Voting Place - means any public building or property, including parking
lot, where voting takes place, and includes 100 metres on either side of
such building or property.
02 References
02.01 In this By-law, any reference to any Act or By-law is a reference to that Act
or By-law as it is amended or re-enacted from time to time.
02.02 Unless otherwise specified, references in this By-law to sections or
schedules are references to sections or schedules in this By-law.
03 Word Usage
03.01 This By-law shall be read with all changes in gender or number as the
context requires.
By-law No. 'Glc orad typ " /17 Page 3
03.02 In this By-law, a grammatical variation of a word or expression defined has
a corresponding meaning.
04 Severability
04.01 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.
05 Application
05.01 This By-law applies to all Election Signs displayed within the City.
06 General
06.01 No person shall display an Election Sign within the City except in
accordance with the provisions of this By-law and all applicable legislation.
06.02 This By-law shall not apply to signs displayed by the City to provide
information concerning an Election or any part of an Election process.
06.03 No person shall display an Election Sign without the name and contact
information of the Election Sign Owner on it.
06.04 No person shall display an Election Sign at any location other than entirely
on private property or on a Regional road in accordance with the Region
of Durham's Sign By-law, provided, however, that a Vehicle Sign can be
displayed by a Candidate on or in a vehicle owned by the Candidate while
such vehicle is in use on any Highway in accordance with all applicable
laws and by-laws.
06.05 No person shall display an Election Sign that is more than 1.5 m2 in area.
06.06 No person shall display an Election Sign on private property without
permission or consent of the owner or occupant of the property.
06.07 No person shall display an Election Sign that:
a) Is painted on, attached to or supported by a tree, stone or other
natural object;
b) Incorporates flashing lights or rotating parts;
c) Is Illuminated;
d) Simulates any traffic control device;
By-law No type]' /17 Page 4
e) is affixed to public utility poles;
f) Is displayed so as to obstruct, impede or interfere with any fire
escape, fire exit door, window, skylight, flue, air intake or exhaust,
or any means of access by firefighter to any part of a building or fire
hydrant;
Is displayed so as to impede, hinder or prevent parking by vehicles
on private or public lands or on a highway; or
h) Includes the City of Pickering's logo, crest or seal in whole or in
part, provided, however, that official City of Pickering portable
magnet signs issued to the sitting Mayor and Councillors are
exempt from this paragraph 6.07(h).
i) is in contravention of the Election Act, Canada Elections Act, or the
Municipal Elections Act, as applicable.
06.08 No person shall remove, deface or willfully cause damage to a lawfully
displayed Election Sign.
06.09 No person shall, at any time on any Voting Day, display an Election Sign
on any property used as a Voting Place or where the administration of
Election processes are conducted.
06.10 No person shall display a municipal Election Sign except within the
boundaries of the Ward(s) to which the Election Sign relates.
06.11 No person shall display a provincial and/or federal Election Sign except
within the Candidate's riding boundary.
06.12 Notwithstanding any other provision of this By-law, where a road serves
as a boundary between Wards, no person shall display an Election Sign
except on private property on the side of the road within the boundaries of
the Ward/Riding to which the Election Sign relates.
06.13 Notwithstanding any other provision of this By-law, where a Regional road
is a municipal boundary road, no person shall display an Election Sign
except on the side of the road within the City of Pickering.
06.14 In the event of any conflict between this by-law and the Region of Durham
Sign By-law, the Region of Durham By-law shall prevail.
07 Vehicle Signs
07.01 No person shall display a Vehicle Sign except in accordance with all
provisions of this By-law.
By-law No. "[ck asci tp" X117 Page 5
07.02 The total area of the Vehicle Sign(s) displayed on any one vehicle shall
not exceed 1.5 m2.
08 Campaign Office Signs
08.01 Paragraphs 6.04, 6.05 and 6.07(c) of this By-law do not apply to
Campaign Office Signs.
08.02 A Campaign Office Sign may be displayed on a Campaign Office as soon
as the Candidate has filed his or her nomination papers.
08.03 Campaign Office Signs must comply with all applicable provisions of Sign
By-law 6999109.
09 Timing
09.01 No person shall display an Election Sign for a federal or provincial Election
prior to the day the writ of Election is issued.
09.02 No person shall display an Election Sign, including a vehicle sign, until 25
days in advance of the last voting day for the Election to which the sign
relates.
09.03 No person shall display an Election Sign more than 3 days after the last
Voting Day for the Election.
10 Removal of Unlawful Election Signs
10.01 Where an Election Sign has been displayed contrary to this By-law, the
City may remove such sign immediately, without notice or compensation.
10.02 Election Signs that have been removed under section 10.01 shall be
stored by the City for a period of 30 days, during which time the Candidate
or Candidate's agent may retrieve the sign upon payment of a fee of
$25.00 per sign.
10.03 Any Election Sign that has been removed by the City and stored for more
than 30 days may be destroyed or otherwise disposed of by the City
without notice and without compensation.
10.04 Despite section 10.02, the City shall not be obliged to store Election Signs
made entirely of paper material, and may dispose of such Election Signs
immediately upon removal.
By-law No. ` [Cl k d ype ";117 Page 6
11 Offence
11.01 Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction pursuant to the provisions of the Provincial
Offences Act is liable to a fine of not more than $10,000.00.
11.02 No person shall make a false or intentionally misleading recital of fact,
statement or representation in any application or other document required
by this By-law.
11.03 No person shall prevent, hinder or interfere or attempt to prevent, hinder
or interfere with an officer enforcing the provisions of this By-law.
11.04 Where an officer has reasonable grounds to believe that an offence has
been committed by a person under this By-law, the officer may require the
name, address and proof of identity of that person, and the person shall
supply the requested information.
12 Liability for Damages
12.01 The provisions of this By-law shall not be construed as relieving or 'limiting
the responsibility or liability of any person displaying or owning any
Election 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, display, maintenance, repair or removal of such signs.
13 Conflict
13.01 If a provision of this By-law conflicts with a provision of any applicable Act,
regulation or other by-law, the provision that establishes the higher or
more restrictive standard shall prevail.
14 Repeal
14.01 Section 63.(1) to 63.(6) and Schedule "A" — Redemption Fee — Election
Signs of Sign By-law No. 6999/09 is repealed.
15 Short Title
15.01 The short title of this By-law is the "Election Sign By-law".
By-law No `" Ick aid type]j'117 Page 7
16 Effective Date
16.01 This By-law shall take effect on the date that it is passed.
By-law passed this XXth day of December, 2017.
David Ryan, Mayor
Debbie Shields, City Clerk