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HomeMy WebLinkAbout22 023 Election Sign By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2022 - 023 BEING A BY-LAW TO REGULATE ELECTION SIGNS WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other 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 has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipal Act, 001 (S.O. 2001, c.25) authorizes a lower tier municipality to pass by-laws respecting matters within the sphere of jurisdiction of structures, including fences and signs; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine considers it desirable to enact a by-law to regulate election signs; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1 Definitions 1.1 “By-law Enforcement Officer” means a commissionaire, assistant or any other officer of civilian person appointed by the Municipality of Kincardine to enforce or carry out the provisions of this by-law or any part of parts thereof. 1.2 “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 to include a person seeking to influence other persons to vote for or against any question or By-law submitted in accordance with the Municipal Elections Act. 1.3 “ground Sign” means a sign directly supported by the ground, without aid of any other building or structure other than the sign structure. 1.4 “erect”, “erected” and “erection” means attached, altered, built, constructed, reconstructed, enlarged or moved but does not include copy changes on any sign. 1.5 “election Sign” means: a) any sign advertising or promoting the election of a political party or of any candidate standing for public office; Page 2 of 5 Election Sign By-law By-law No. 2022 - 023 b) any sign intended to influence persons to vote for or against any candidate or any question or By-law submitted to the electors in accordance with the Canada Elections Act, the Elections Act (Ontario) or the Municipal Elections Act. 1.6 “height” means the vertical measurement from the average finished grade at the base of the sign to the highest point of the sign structure. 1.7 “Municipality” means The Corporation of the Municipality of Kincardine. 1.8 “owner” means a person or their authorized agent in lawful control of the premises, building, occupancy, sign or other structure or portion thereof under consideration. 1.9 “road allowance” means any Provincial, County or Municipal owned land open and maintained as a public highway, including sidewalks, bridges, multiuse trails, and other portions of land within the road allowance designed and intended for, or used by, the general public for the passage of vehicles and pedestrians and includes the untraveled portion of the road allowance. 1.10 “roadway” means the part of the road allowance that is improved, designed or ordinarily used for vehicular traffic and includes the gravel shoulder of the road. 1.11 “sign” means any identification, description, illustration, or device illuminated or non-illuminated visible from any public place or located on private property and exposed to the public which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and flags or emblems of patriotic, civic, educational, religious organizations, or private clubs. Signs shall also include all sign structures. 1.12 “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. 2 General Provisions 2.1 No person shall affix, erect or otherwise display an election sign except as permitted by this By-law. 2.2 The candidate to whom the election sign relates shall be responsible for the erection, maintenance or display of the election sign and shall ensure that all the requirements of this By-law have been met. 2.3 No person shall pull down or remove a lawfully erected election sign without the consent of the candidate to which the election sign relates or the owner of the property on which the election sign is erected. 2.4 No person shall deface or willfully cause damage to a lawfully erected election sign. Page 3 of 5 Election Sign By-law By-law No. 2022 - 023 2.5 No person shall display on any election sign a logo, trademark or official mark, in whole or in part, owned or licensed by the Municipality. 2.6 No person shall erect an election sign for a candidate other than for a candidate who is being elected to represent the electors of the Municipality. 3 Prohibited 3.1 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 a utility pole, light pole, traffic sign or device, utility box, tree, planter, bench, waste receptacle, newspaper box or mail box located on a road allowance; b) At any location where the election sign: i obstructs the view of any pedestrian or driver of a motor vehicle, or obstructs the visibility of any traffic sign or device, or where it may interfere with vehicular traffic potentially endangering any person; ii constitutes a danger or hazard; c) that is illuminated, animated or rotating; d) on all Municipally owned land within the Municipality of Kincardine except road allowances; e) on the Concession 5 road allowance located immediately adjacent to 1475 Concession 5; f) any premises used as a voting place for an election, at any time on any election voting day, including those days when advance election voting is held. 4 Road Allowance 4.1 No person shall place an election sign, or cause an election sign to be placed on a road allowance if the election sign or any portion thereof is: a) on or over a roadway or sidewalk; b) within the sight triangle at the intersection of two roadways as defined in the Comprehensive Zoning By-law as amended; c) located on any centre median, traffic island or centre boulevard within a road allowance; d) greater than 1.5 m2 (16.15ft2) in sign face area; e) greater than 1.25 m (4.10ft) in height; f) not mounted on its own support affixed and secured directly to the ground; g) in any location describe in Section 3.1 (b) of this By-law. 5 Election Signs on Private Property 5.1 No person shall erect an election sign on private property: Page 4 of 5 Election Sign By-law By-law No. 2022 - 023 a) without the consent of the owner or tenant of the property; b) if the sign is deemed to interfere with the safe operation of vehicular traffic or with the safety of pedestrians; c) in any location described in Section 3.1(b) of this by-law. 5.2 The use of sign structure other than a ground sign is permitted in all zones other than the Residential zones subject to compliance with the provisions of this By-law and in accordance with the permitted size, height and sign location restrictions provided in the Municipality of Kincardine Sign By-law. 6 Timing 6.1 No candidate or his agent or any other person shall affix, erect or otherwise display an election sign or permit or cause an election sign to be erected, affixed or otherwise displayed prior to the issuance of writs for a provincial or federal election or prior to the day after Nomination Day of a municipal election. 6.2 Every person who erects an election sign shall remove the sign within 7 days immediately following the election. 7 Removal of Unlawful Election Sign 7.1 Where an election sign has been affixed, erected or otherwise displayed on a road allowance or on property owned by the Municipality of Kincardine, in contravention of any provision of this By-law, the Municipality’s By-law Enforcement Officer, or any other individual designated by the Clerk of the Municipality, may cause the election sign to be removed immediately without notice and further action may be taken as provided in this By-law. 7.2 Signs that have been removed shall be stored by the Municipality for a maximum of twenty (20) days during which time the owner of the sign or the owner’s agent may retrieve the sign. 7.3 Any election sign that is stored by the Municipality for more than twenty (20) days and not retrieved by the owner of the sign or their agent within that period of time may be destroyed or otherwise disposed of by the Municipality without notice and without compensation to the owner of the sign. 8 Liability 8.1 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 negligence or willful acts of such person, or their 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 Municipality, its officers, employees, servants, agents and contractors, any responsibility or liability whatsoever by reason of the removal of any sign. 9 Enforcement – Provincial Offences Act 9.1 Where any person is directed or required by this By-law to do any matter or thing, such matter or thing may be done in default of its being done by the person directed or required to do it, at the person’s expense, and such expense may be recovered by action or as municipal taxes in the manner prescribed by the Municipal Act. Page 5 of 5 Election Sign By-law By-law No. 2022 - 023 9.2 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. 10 Conflict 10.1 In the event of a conflict between this By-law and the provisions of another By-law of the Municipality regulating signage, the provisions of this By-law shall prevail. 11 Other 11.1 This By-law will come into full force and effect upon its final passage. 11.2 This By-law may be cited as the “Election Sign By-law” READ a FIRST and SECOND TIME this 14th day of February, 2022. READ a THIRD TIME and FINALLY PASSED this 14th day of February, 2022. Mayor Clerk r:A OFFICE OF THE REGIONAL SENIOR JUSTICE CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L'ONTARIO WEST REGION REGION DE L'OUEST 80 DUNDAS STREET, 1 0" FLOOR, UNIT L m��``rya 80, RUE DUNDAS, 1 0`STAGE, UNITE L Fioes rver LONDON,ONTARIO N6A 6A8 LONDON(ONTARIO) N6A 6A8 TELEPHONE/TELEPHONE(51 9)660-2292 FAX/TELECOPIEUR(51 9)660-31 38 April 5, 2022 Jennifer White Municipal Administration Centre 1475 Concession 5 R.R. #5 Kincardine, ON N2Z 2X6 Dear Ms. White: Re: Set Fines - Provincial Offences Act - Part I By-law Number 2022-023, of the Municipality of Kincardine Enclosed herewith is an original Order, and an original schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the copy of the Order and the schedules of set fines to the Provincial Offences Court in Owen Sound, together with a copy of the By-law. Yours truly, Jeanine E. LeRoy Regional Senior Justice West Region encl. /dh PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2022-023 as amended, of the Municipality of Kincardine, Bruce County attached hereto are the set fines for those offences. This Order is to take effect April 5, 2022. Dated at London this 5th day of April, 2022. Jeanine E. 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