2011-030 Regulate Election SignsTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -030
A By -Law to Regulate the Place and Use of Election Signs
within the Township of Oro - Medonte
and to Repeal By -Law No. 2010 -102
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 11
authorizes a municipality to pass by -laws respecting signs;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 99
provides that all costs and charges incurred by a municipality for the removal, care and
storage of an advertising device that is erected or displayed in contravention of a by -law
of the municipal are a lien on the advertising device, and all costs and charges incurred
for disposing of an advertising device may be recovered by the municipality as a debt
owned by the owner of the device;
AND WHEREAS Part XIV of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
confers broad authority on municipalities to inspect lands at any reasonable time and to
take such necessary enforcement actions as are required to ensure ongoing
compliance with a municipality's by -laws;
AND WHEREAS Council deems it appropriate to regulate the placement of election
signs within the municipality to facilitate equal opportunity for all candidates, and to
ensure the safety of individuals by the safe placement of election signs;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
TITLE AND SCOPE
1.1 This By -law shall be known and cited as the "Election Sign By -law" and shall
apply to the entire area of the Township of Oro - Medonte.
2 DEFINITIONS
2.1 Candidate— means a person officially nominated as a candidate in an election
(Federal, Provincial and Municipal), or their authorized agent;
2.2 Clerk — means the person appointed as Clerk of the Township by Council in
accordance with the Municipal Act, 2001, as amended, or designate.
2.3 Council - means the Council of The Corporation of The Township of Oro - Medonte;
2.4 Daylight Triangle — means property sight triangles provided at intersections and
other critical area that provide the traffic with a visible interval, property sight
triangles are measured as 23 metres (75.5 ft) minimum from the edge of the
pavement at its intersecting point;
2.5 Election Sign — means a sign or other advertising device, secured in a manner
which minimizes its movement, which by the use of words, pictures or graphics or
any combination thereof is intended to influence persons:
a. to give or to refrain from giving their votes to a candidate at an election held in
accordance with the Canada Elections Act, The Elections Act (Ontario) or the
Municipal Elections Act, 1996, as amended;
b. to vote in favour of or against any question or by -law submitted to the electors
in accordance with Section 8 of the Municipal Elections Act, 1996, as amended;
For the purpose of this Section, Election Signs of a non -rigid nature shall be
securely affixed on a minimum of two (2) opposite sides in order to minimize
any potential movement.
2.6 Municipal Law Enforcement Officer —means the officer or employee of the
Township charged with the responsibility of enforcing this By -law;
2.7 Nomination Day— for a municipal election means "nomination day" as defined in
the Municipal Elections Act, 1996, as amended;
2.8 Public Highway -means a highway as defined under the Highway Traffic Act, as
amended;
2.9 Township - means The Corporation of The Township of Oro - Medonte;
2.10 Utility Pole — means a wooden, metal, concrete or other pole erected on any
street that carries any public utility and shall include any pole erected to hold or
support any traffic control device;
2.11 Voting Location — means the entire building where voting will occur and the entire
property associated with the building.
3 REGULATIONS
3.1 No election sign, being stationary or mounted on a vehicle, shall be erected or
displayed prior to Nomination Day.
3.2 No municipal election sign shall be posted within the boundaries of the Township
of Oro - Medonte for a candidate in another municipal jurisdiction.
3.3 No election sign shall be located on either side of a public highway fronting or
alongside any property owned and /or operated by the Township on which
buildings /structures exist, including offices, facilities, fire stations, and community
halls, except on private property. This provision shall not apply to public highways
fronting or alongside any municipally owned lands utilized for recreational
purposes, including municipal parks.
3.4 No election sign shall be located within 45.72 metres (150 ft.) of any voting
location, from Nomination Day to voting day of the election for which the sign is
erected or installed, on either side of the public highway in front of and /or alongside
the voting location, except on private property. In the event that a municipal facility
is being utilized as a voting location, this section shall apply and no election sign
shall be located within 45.72 metres (150 ft.) of the voting location.
3.5 No person shall erect or display any election sign within two (2) metres (6.56 ft) of
the edge of the pavement under the jurisdiction of the Township. For the purpose
of this Section, distances shall be measured from the edge of the pavement to the
edge of the sign closest to the pavement. On highways where two (2) metres
(6.56 ft) does not exist between the pavement and the wooded vegetation at the
side of the highway, elections signs may be erected less than the afore -noted two
(2) metres (6.56 ft) provided the election signs are located as close to the wooded
vegetation as possible, and do not contravene any other provision of this By -law.
3.6 No election sign shall be placed within a daylight triangle.
3.7 Where a road allowance includes two (2) or more separate roadways, no election
sign shall be placed on the portion of the road allowance between each roadway.
3.8 No person shall paint, place, attach or affix any election sign to a tree, stone, or
other natural object, fence, fencepost or utility pole located on a Township road
allowance and /or public lands.
3.9 No election sign shall be affixed to a permanent or official highway sign, signal or
support, guardrail or other roadway structure.
3.10 No election sign shall obstruct the view of any official traffic sign or signal, or
resemble any official traffic sign or signal.
3.11 No person shall erect, install, post, or display any election sign in a location which
obstructs or interferes with the normal flow of pedestrian or vehicular traffic, nor
which restricts any sightline of a pedestrian or vehicle.
3.12 No person shall erect, install, post, or display any election sign which incorporate in
any manner any flashing or moving illumination which varies in intensity or which
varies in colour, and signs which have visible moving parts, or visible mechanical
movement.
3.13 No person shall place or allow to be placed any election sign, poster or placard in
or on a vehicle that is located on any premises used as a voting location if the sign,
poster or placard is visible.
3.14 No person shall erect, cause or permit to be erected an election sign that may
obstruct or impede any exit routes or escapes or impede free access of emergency
vehicles.
3.15 No person shall display the Township of Oro - Medonte logo, crest or seal, in whole
or in part, on any election sign.
3.16 Every candidate for a federal or provincial election shall ensure that election signs
are erected or installed in accordance with the Township of Oro - Medonte's
Election Sign By -law, unless the Canada Elections Act or Elections Act (Ontario)
provide otherwise.
3.17 No person shall deface, relocate, remove or willfully cause damage to a lawfully
erected election sign. A candidate, to whom the sign belongs, may relocate or
remove his /her election sign.
4 ELECTION SIGNS ON PRIVATE PROPERTY
4.1 Election signs may be erected on private property subject to the following
conditions:
a. Elections signs shall not be erected prior to Nomination Day;
b. Election signs shall be erected only with the consent of the respective
property owner /tenant;
c. Election signs shall not restrict any sightline of a pedestrian or vehicle on a
public highway.
5 REMOVAL OF ELECTION SIGNS
5.1 Every candidate shall ensure that all election signs are removed no later than six
(6) days following the voting day of the election for which the sign was erected or
installed.
5.2 When a Municipal Law Enforcement Officer has reasonable and probable grounds
to believe that an election sign has been placed, erected or installed in
contravention of the provisions of this By -law, the Municipal Law Enforcement
Officer will consult with the Clerk. The Clerk may notify the candidate, or their
agent, advising of the non - compliance and requiring the necessary actions on
behalf of the candidate to ensure compliance with the provisions of this By -law, or
may cause the election sign to be immediately removed without notice, depending
on circumstances.
5.3 Notwithstanding the Regulations identified, if an election sign poses a safety
hazard in the opinion of the Clerk and /or Municipal Law Enforcement Officer, the
sign shall be immediately removed and the candidate advised accordingly.
5.4 No election sign shall be returned to the candidate, or their agent, on Voting Day.
5.5 The Township may destroy any election sign which has been removed and is not
claimed and retrieved by the candidate, or their agent, six (6) days following the
voting day of the election for which the sign was erected or installed, without
compensation to the candidate, or their agent.
6 ENFORCEMENT AND FINES
6.1 Every person who contravenes any Provision of this By -law is guilty of an offence
and shall be liable to a fine in the amount to be determined pursuant to the
Provincial Offences Act, R.S.O. 1990, Chapter p.33, and every such fine is
recoverable under the Provincial Offences Act.
6.2 Fines shall be issued on a per sign basis and each sign erected in contravention of
any section of this By -law shall be fined as an individual and separate offence.
7 SEVERABILITY
7.1 If any court of competent jurisdiction finds that any of the provisions of this By -law
are ultra vires the jurisdiction of the Township, or are invalid for any other reason,
such provisions shall be deemed to be severable and shall not invalidate any other
provision of this By -law which shall remain in full force and effect.
8 ENACTMENT
8.1 This by -law shall take effect on the final passing thereof.
9. REPEAL
9.1 That By -Law No. 2010 -102 is hereby repealed in its entirety.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 11 DAY
OF MAY, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
, H.S: HL4hes
rk, J. Doyjgas Irwin
Schedule "A"
to By -law No. 2011 -030 for
The Corporation of the Township of Oro - Medonte
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