REPORT TO General Committee May 15, 2006

SUBJECT: Election Sign Amendment

PREPARED BY: W. Wiles, Manager, By-law Enforcement & Licensing

RECOMMENDATION:

That a by-law be enacted to amend By-law 2002-94 “Sign By-law” to provide appropiate revisions to effect the changes outlined in Schedule A- Identified Issues & Amendment Solution Table.

Purpose Background Discussion Financial Template Environmental

Accessibility Engage 21^st Affected Units Attachment(s)

PURPOSE:

To provide election sign by-law regulations that:

• are easy to understand for candidates, campaign workers, and citizens
• addresses citizen concerns with the size, number, and location of signs
• are easier to enforce and administer for staff
• provides increased cost recovery provisions

BACKGROUND:

At the April 24^th meeting of General Committee, staff provides Committee with a report and presentation. Following discussion Committee adopted the following resolution:

That the proposed amendments to By-law 2002-94, Sign By-law regarding Election Signs be deferred to the May 15, 2006 General Committee meeting in order for staff to respond to the recommendations presented by the Committee.

OPTIONS/ DISCUSSION:

Following the April 24^th meeting staff reviewed Committee’s recommendations and prepared the following responses and will incorporate the responses into the amending by-law.

April 24^th General Committee Recommendations & Responses

Committee Recommendation	Response
Rename poster signs to ‘major road signs ‘ or ‘highway signs’	Renamed to ‘Major Road Signs’
There should be no minimum size requirement for “Major Road” signs	Minimum size requirement deleted
Modify wording of Checklist item #8	Wording modified
Ensure region limits on signs per corner aligns with proposed amendment	Region designates specific intersections at which signs are prohibited and other intersection where numbers are limited; by-law will reflect those limitations
Delete maximum size reference in Item #23 on checklist	Reference deleted
With placement of signs in industrial, commercial, and institutional zones modify wording to reflect “one sign per lot”	Restriction added
Consideration for ‘major road sign’ allowance in rural areas	Schedule to be added to permit ‘Major Road Signs’ on private property
Change time period for erection of election signs to “issuance of writ” to “official date of notice”	Ease of use- retain current wording
Allow for additional sign on flankage lots in residential areas	Regulation added
Sign deposit should apply to all candidates to erect signs, just not those who erect on public lands (municipal boulevards)	Requirement added
Incorporate regulations into sign by-law that are main sign by-law regarding signage on vehicles	Covered in current by-law under Section 4.7 “Prohibited Signs” Subsection 4.7.1(k)- A sign attached or displayed on a vehicle or trailer which is parked located for the primary purpose of displaying said sign or advertising
Clarification on placement of signs in public parks, community centres and libraries	Signs cannot be placed on the lands of the parks, centres, libraries, only on the adjacent municipal boulevard and only where regulations permit.

Appendix A- Identified Issues & Amendment Solution Table

Attached is an updated version of the Identified Issues & Amendment Solution Table presented at the April 24^th meeting to include items recommended by Committee.

FINANCIAL TEMPLATE:

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable

RECOMMENDED BY:

________________________ ________________________

S. Birrell A. Taylor

Town Clerk Commissioner, Corporate Services

ATTACHMENTS:

Appendix A- Identified Issues & Amendment Solution Table

Appendix B-Designated Markham Road & York Region Road Allowances

Appendix C- Proposed Election Sign Checklist

Appendix A- Identified Issues & Amendment Solution Table

Identified Issues & Concerns	Amendment Solution
Different standards and regulations in Town’s By-law & Region’s By-law Having two sets of regulations is confusing and confusion over what is a municipal and regional road	Align Town’s standards with Region by: no sign within 5m of hydrants no sign within 3m of pavement no sign within 10m driveway max. 1.49m^2sign size Within 50m of corner And provide a single consolidated election sign checklist for use by staff and candidates
Post election sign removal deadline is midweek Resources are difficult to arrange and work must be done at night due to campaign staff work commitments	Extend deadline to midnight of Sunday following election.
Confusion with sign types and sizes allowed Candidates unclear as to the size and type of type of signs being referred to in by-law	Define two types of signs within by-law. “Lawn”- maximum size 0.75m^2and “Major Road”- maximum size 1.49m^2
Placement of signs on municipal boulevards abutting rear yards and public places/ lands Candidate placing multiple signs along municipal boulevards	Signs would be permitted only on regional roads and designated municipal boulevards (see Appendix B)
Placement of signs on vacant lots Multiple signs by candidates being placed and difficulty confirming that required authorization from owner was obtained	Prohibit the placement on vacant lots
Placement of signs on centre medians/ boulevards Multiple signs being placed, obstruction of view of road	Prohibit the placement at those locations
Placement of signs on fences, hoarding etc. Multiple signs being placed, damage to fences, unsightliness and use of hoarding that is permitted in other areas of the sign by-law	Require signs to be independently attached to the ground
Placement of signs on municipal boulevards adjacent to lands in Industrial, Commercial and Intuitional zone areas. Number of signs being placed and no consent of adjoining property owner	Prohibit the placement on municipal boulevards in the designated areas.
Placement of signs on private property within Industrial, Commercial and Intuitional zone areas. Single properties having multiple signs	Limit the number of signs to one sign per candidate per lot in the designated areas
Maximum amounts for cost recovery do not cover actual costs of enforcement & removal No incentive to avoid sign placement contraventions once maximum amount is reached	Costs over the required deposit will be invoiced to the candidate and made recoverable under authorities in the Municipal Act
No limit on number of signs on private property or adjoining municipal boulevard Single properties/ adjoining boulevards having multiple signs	Limit number of signs on private property or adjoining municipal boulevard to one per candidate in residential zones
Maximum size of signs in residential area should be of “lawn sign” size only By-law allows for placement of poster type signs on municipal boulevards	Maximum size of sign where permitted is 0.75 m^2 (lawn sign size) Allow Major Road signs in rural areas
Placement of signs on or abutting Civic Centre Not an appropiate location for election signs	Prohibit placement of signs at 101 Town Centre Boulevard

Appendix B- Designated Markham Road & York Region Road Allowances

Appendix C- Proposed Election Sign Checklist

ELECTION SIGN CHECKLIST

BY-LAW DEFINITION: “Election Sign” means sign advertising or promoting the election of a political party or a candidate for public office in a federal, provincial, or municipal election

	#	By-Law Requirements	Section
General Requirements
¨		Sign permit application and fee payment ($200 deposit) required to erect election signs
¨		May not be erected or installed earlier than official date of notice of the date of voting for any federal or provincial election, with the exemption of signage at a campaign headquarters
¨		May not be erected or installed earlier than four weeks prior to election day in a municipal election, with the exemption of signage at a campaign headquarters
¨		All election signs and campaign headquarters signs to be removed by midnight of the Sunday following the election
¨		No restriction on the number of election signs erected at a designated campaign office, each registered candidate entitled to a single campaign office only
¨		Signs must be independently attached to the ground, except for a designated campaign headquarters
¨		No election signs are not permitted anywhere on the property of a designated polling station (see Schedule A- Polling Stations)
¨		Two Sign Types: LAWN: Maximum size- 0.75m^2 (8.07 sq.ft)- Permitted only within residential zones MAJOR ROAD SIGNS: Maximum size- 1.49m^2 (16 sq.ft.) Permitted only on Regional Road Allowances and Sign Designated Road Allowances (see Schedule B) in Industrial/ Commercial/ Institutional Zones and in Rural Sign Area (Sch.D)
¨		No election signs are permitted within property boundaries of parks, communities, libraries, and public open space areas of the Town

On a Regional Road Allowance or a Sign Designated Road Allowance
¨	See Schedule C for restricted intersections where no signs are permitted
¨	Cannot exceed 1.49m^2 (16 sq.ft.) in area; 1.22m (4.ft.) in height or width
¨	Maximum 1 sign per candidate per corner
¨	Cannot impair or obstruct movement of vehicular or pedestrian traffic, or the visibility of warning devices, and railway, traffic or municipal street signs
¨	Must be erected within 50m (164 ft) of centre point of intersecting streets (measured along the centre line, out from the centre point forming a square)
¨	Cannot be erected on any centre median, traffic island, or centre boulevard
¨	Cannot be erected within 5m (16.4 ft) of fire hydrant, bus shelter
¨	Cannot be erected within 3m (9.8 ft) of edge of road payment
¨	Cannot be erected within 10.0m (32.8 ft) of a driveway
Within Residential Zones (determined by properties Zoning/ Official Designation and not on a Sign Designated Road Allowance )
	Only “Lawn” type signs are permitted
¨	If there is a building on the lot, permission from owner/ occupant required to place signs on private property- maximum size 0.75m^2 (8.073 sq.ft)
¨	If there is a building on the lot that has vehicular access to a municipal road, may be erected on adjacent municipal boulevard, permission from adjacent owner/ occupant required- maximum size 0.75m^2 (8.073 sq.ft)
	Cannot be erected on any centre median, traffic island, or centre boulevard
	Cannot be erected within 1.0m setback from edge of road (curb), shoulder of road, sidewalk
	One election sign only is permitted per candidate per street flankage on each property or abutting municipal boulevard within a yard with direct access to a street
All Other Zones (see residential zone note- Industrial, Commercial, Institutional and not on a Sign Designated Road Allowance ))
	If there is a building on the lot, permission from owner/ occupant required to place signs on private property
	One election sign only is permitted per candidate on a property
	Cannot be erected on any centre median, traffic island, or centre boulevard
	Cannot be erected within 1.0m setback from edge of road (curb), shoulder of road, sidewalk
	Election signs are not permitted on the adjacent municipal boulevard