THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE BY-LAW NUMBER 2018-050-RE
BEING A BY-LAW to regulate Election Signs and to repeal By-law 2017-041-RE
WHEREAS subsection 11(3), paragraph 1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes The Corporation of the Town of Whitchurch-Stouffville to pass by-laws respecting highways over which it has jurisdiction; and
WHEREAS subsection 11(3), paragraph 7 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes The Corporation of the Town of Whitchurch-Stouffville to pass by-laws respecting signs; and
WHEREAS subsection 63(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes The Corporation of the Town of Whitchurch-Stouffville, if it passes a by-law for prohibiting or regulating the placing of an object on a Highway, to provide for the removal of any object placed on a Highway in contravention of that by-law; and
WHEREAS section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended establishes that any person who contravenes any by-law of The Corporation of the Town of Whitchurch-Stouffville is guilty of an offence; and
WHEREAS it is deemed advisable to have an Election Sign By-law for the Town of Whitchurch-Stouffville in order to ensure public safety on its Highways during an election period.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. DEFINITIONS
a) “Campaign Office or Headquarters” means an existing building or part thereof, the use of which is provided for by the Town’s Zoning By-law, where a registered election candidate and candidate’s campaign staff are normally present and the public may enter to obtain information regarding the candidate. b) "Candidate" means a person who is seeking election to a public office, whether for a municipal, provincial or federal election, and shall be deemed to include a person seeking to influence another person to vote for or against any question or by-law submitted to the electors under section 8 of the Municipal Elections Act, 1996. In circumstances where election signs involve referenda, or represent a political viewpoint rather than an individual, the term “candidate” as it is used in this By-law shall mean the party or group of citizens responsible for the creation of the election sign.
c) "Daylighting Triangle" means in the case of a corner lot, the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, measured 5 metres (16.4 feet) along the street from the point of intersection of the street lines. See Diagram 1 in Schedule A. d) "Election Sign" means any sign promoting, opposing or taking a position with
respect to:
i. A question, law or by-law submitted to the electors under the Canada
ii. An issue associated with a person or political party participating in an election under the Canada Elections Act, the Election Act or the
Municipal Elections Act; or,
iii. A Candidate or political party participating in an election under the
Canada Elections Act, the Election Act or the Municipal Elections Act.
iv. Election Signs include signs placed by a Registered Third Party.
e) "Highway" means a common and public highway, street, roadway, avenue, gate, alley, court, crescent, boulevard, lane, trail, way, chase, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles, and shall include the area between the lateral property lines thereof, regardless of whether the travelled portion thereof extends to such property lines.
f) "Mobile Sign" means a sign designed to be capable of being readily moved from one location to another and is usually built on a trailer or other solid platform which may include wheels but shall not include a sign painted on or attached to a vehicle where the principal sole function of the vehicle is the transportation of people, goods or other materials on a regular basis.
g) "Municipal Law Enforcement Officer" means a person appointed by the Council of the Town for the purposes of enforcing Town by-laws, and for the purpose of this By-law shall include the York Regional Police.
h) "Public Property" means property owned by or under the control of the Town or any of its agencies, boards or commissions, including highways, boulevards and road allowances, 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.
i) “Registered Third Party” means one of the following and whose notice of registration has been certified with the Clerk pursuant to section 88.6 of the
Municipal Elections Act:
i. An individual who is normally a resident in Ontario; ii. A corporation that carries on business in Ontario; or,
iii. A trade union that holds bargaining rights for employees in Ontario. j) “Sign” means any surface, structure and other component parts, which are used or capable of being used as a visual medium to attract public attention to a specific subject matter or to create a design or convey a message and includes a vehicular sign, poster, billboard, banner, placard, advertising device or notice. Visual medium will be deemed a sign if it is clearly visible from public highway or boulevards, and there is clear intent to use the sign for advertisement purposes.
k) "Town" means The Corporation of the Town of Whitchurch-Stouffville, or the geographic area thereof, as the context may require.
l) “Vehicle” includes but is not limited to a motor vehicle, trailer (a vehicle that is at any time drawn upon a highway by a motor vehicle and includes an implement of husbandry, mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property that is temporarily
drawn or propelled), traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, motorized snow vehicle, or street car.
m) “Vehicular Sign” means a sign which is painted, mounted, or attached in any way on a vehicle.
n) “Voting Day” means the day on which the final vote is to be taken in an election. o) “Voting place” means the entire property and all the boundaries associated with it, when such voting place is located within public premises and shall mean all of the common elements when the voting place is located on private premises. 2. GENERAL PROHIBITIONS
a) No person shall erect, attach, place or display an Election Sign in the Town, except as permitted by this By-law and the Regional Municipality of York’s Sign By-law, as amended from time to time.
b) Applicable fees must be paid, and prescribed forms must be submitted to the Town prior to the erection of Election Signs in the Town.
c) This By-law shall not apply to signs erected, placed or displayed by the Town to provide information concerning the election or any part of an election process.
d) Mobile Signs are not permitted to be used as Election Signs.
e) No person shall deface or willfully cause damage to a lawfully erected Election Sign.
f) An Election Sign shall only have a maximum:
i. Sign Area of 1.49 square metres (16 square feet); ii. Height of 1.22 metres (4 feet); and,
iii. Width of 1.22 metres (4 feet). g) Election Signs shall not:
i. Have flashing lights or rotating parts; ii. Illuminate;
iii. Simulate any traffic sign, traffic signal, any other sign that directs the movement of traffic, or any official sign;
iv. Use words such as "stop", "look", "one way", “danger", "yield" or any similar phrases, symbols, lights or characters in such a manner as to tend to interfere with, mislead or confuse traffic;
v. Be affixed to public utility poles using nails, screws, tacks, staples, glue or wire;
vi. Be painted on, attached to, or supported by a tree, stone or other natural object;
vii. Be erected or placed 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 fire fighters to any part of a building or a fire hydrant;
viii. Be erected or placed so as to impede, hinder or prevent parking by vehicles on private or public lands, or on a Highway;
ix. Display the Town's logo, crest, or seal in whole or in part;
x. Be placed on a boundary fence line or noise attenuation wall which is located on public property; or
xi. Be placed within a Daylight Triangle.
h) No Candidate or Registered Third Party shall, for himself or herself, or by his or her agent, erect, install or otherwise use an Election Sign on Public Property without first filing Nomination Papers or Notice to Register with the Clerk of the Town and submitting the election fee as indicated in the Town’s Fees and Charges By-law.
i) A Registered Third Party shall not promote a Candidate before the Candidate has filed Nomination Papers with the Clerk.
j) Election signs erected by a Registered Third Party shall include the following information as per Section 88.5(1) of the Municipal Elections Act:
i. the name of the registered third party;
ii. the municipality where the third party is registered; and
iii. a telephone number, mailing address, or email address to contact the registered party.
k) Election Signs placed by a Registered Third Party for provincial and federal elections shall contain necessary information required in the Canada Elections
Act or, the Election Act, as the case may be.
l) No person shall at any time on any Voting Day, including those days when advance voting is held:
i. Place an Election Sign, or cause an Election Sign to be placed on any premises used as a Voting Place for elections, or on any Highway adjacent to the Voting Place; or
ii. Place or cause to be placed in or on a vehicle that is parked on any premises used as a Voting Place for elections an Election Sign that is visible from outside the vehicle.
3. ELECTION SIGNS ON PUBLIC PROPERTY
a) Subject to the General Prohibitions in Section 2, Election Signs are permitted on Highways but not on or within any Public Property other than Highways. b) Election Signs shall not be located, erected or displayed:
i. On any centre median, centre boulevard, roundabout or traffic island; ii. In any park or other open space owned, operated or controlled by the
Town or on the adjacent Highway;
iii. On any building or structure owned or operated by the Town, or on the adjacent Highway;
iv. So as to obstruct, impair, impede or hinder the movement of vehicular or pedestrian traffic, or the visibility of railway crossings, warning devices and traffic signs or signals; or
v. On a sidewalk.
c) Election Signs may be erected or displayed on Highways, provided that they are:
i. No higher than 2 metres (6.56 feet) above ground level;
ii. Not located within 10 metres (32.81 feet) of another Election Sign for the same Candidate;
iii. Located a minimum of 1 metre (3.28 feet) from the outer edge of a sidewalk;
iv. Not located within the portion of a Highway between the sidewalk and the roadway where the Highway includes a sidewalk and a roadway; v. Located a minimum of 1 metre (3.28 feet) from the outer edge of a curb
or shoulder, where there is no sidewalk;
vi. Not erected or installed so as to create an unsafe obstruction or visual impairment for pedestrian or vehicular traffic;
vii. Not erected or installed on any utility box, planter, bench, railing, retaining wall, bridge, overpass, noise attenuation wall, light standard, waste receptacle, newspaper box, mail box, or similar object or structure which has been placed on any Highway; or
viii. Not erected or installed on any post, pole or support already containing an official or authorized sign erected by the Town, The Regional Municipality of York, a Conservation Authority, or the Province of Ontario.
e) Election Signs may only be placed on a Highway adjacent to a residential property with the consent of the owner or occupant of the adjacent residential property.
4. ELECTION SIGNS ON PRIVATE PROPERTY
Subject to the General Prohibitions in Section 2, Election Signs are permitted on private property:
a) Only with the consent of the owner or occupant of the property; and
b) Not erected or installed so as to create an unsafe obstruction or visual impairment for pedestrian or vehicular traffic.
5. TIMING
a) Election Signs relating to a Municipal Election shall not be erected or displayed prior to twenty-eight (28) calendar days before Voting Day. For a By-Election, if Nomination Day is less than twenty-eight (28) calendar days prior to Voting Day, Election Signs shall not be erected prior to Nomination Day.
b) Election Signs relating to a federal or provincial election shall not be erected or displayed until the day that the writ of election is issued.
c) Despite Sections 5a) and 5b), Election Signs may be erected on campaign offices once the Candidate has filed his or her nomination papers and paid the required filing fee.
d) All Election Signs shall be removed no later than three (3) days following the voting day of the election for which such Election Signs were erected or installed. For the purposes of this subsection, the Candidate or Registered Third Party shall be responsible for the removal of his or her Election Signs within the prescribed time frame.
6. FEES
a) All fees are to be paid in accordance with the Town of Whitchurch-Stouffville Fees and Charges By-law.
b) Election Sign fees are non-refundable.
c) Candidate or Registered Third Party shall not place or permit to be placed an Election Sign without completing a form prescribed by the Town,
accompanied by the prescribed Election Sign fee in accordance with the Town’s Fees and Charges By-law.
6. REMOVAL OF UNLAWFUL ELECTION SIGNS
a) Municipal Law Enforcement Officersor any other individuals designated by the Clerk shall immediately remove any Election Signs erected, installed or displayed in violation of this By-law, without notice and/or take any further action as provided within this By-law.
b) A Candidate or Registered Third Party or any person acting on his or her behalf may, at any time following the Election Day, shall retrieve the election sign. At any time after the 30th day following the election, the Town of
Whitchurch-Stouffville may destroy or otherwise dispose of any election signs that have not been retrieved, without notice or compensation to any person.
7. OFFENCE
a) Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
b) No person shall provide false information or give a false statement to an Officer, employee and/or agent of the Municipality in the lawful exercise of a power or duty under this By-law.
c) No person shall hinder of obstruct, nor attempt to hinder or obstruct, either directly or indirectly, an Officer, employee and/or agent of the Municipality in the lawful exercise of a power or duty under this By-law.
d) Every person shall comply with any Order or Notice issued under the authority of this By-law.
8. LIABILITY FOR DAMAGES
a) Nothing in this By-law shall be construed as relieving or limiting the responsibility or liability of any Candidate, Registered Third party, or other person who erects or owns any Election Signs for personal injury or property
damage resulting from the placing of such Election Signs, or for the negligence or willful act or omission of such person, his or her agents or employees, or those for whom he or she is in law responsible, relating to the construction, erection, maintenance, repair or removal of such Election Signs.
9. PRECEDENCE OVER ELECTION SIGN PROVISIONS IN OTHER BY-LAWS a) In the event of a conflict between this By-law and any other Town By-law
regulating signs, including Election Signs, the provisions of this By-law shall prevail.
10. SEVERABILITY
a) If any section or part of this By-law is found to be illegal or beyond the power of the Town to enact, such section or part or item shall be deemed to be severable, and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom, and to have been enacted as such. 11. EFFECTIVE DATE
a) This By-law shall take effect on the date of its passage by the Town's Council 12. REPEAL
a) By-law 2017-041-RE is hereby repealed.
READ a first and second time this 3rd day of April, 2018.
READ a third time and passed this 3rd day of April, 2018.
“Hugo Kroon”
Hugo Kroon, Acting Mayor
“Gillian Angus-Traill” Gillian Angus-Traill, Clerk
