With two elections coming up this year, Norfolk County council has set the ground rules for displaying election signs.
Some of the rules include that election signs cannot be attached to trees or have flashing lights or rotating parts.
The signs also cannot be placed within 100 metres of a voting place unless it is on a residential private property.
Signs can go up no earlier than 30 days before Voting Day, and need to be removed within seven days of the completion of voting.
The by-law is written in 12 parts which are available in full to read below.
PART 1— DEFINITIONS
1.1 “Candidate” shall have the same meaning as in the Canada Elections Act, the
Election Act (Ontario) or the Municipal Elections Act, 1996, 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 to the electors under section 8 of the Municipal
Elections Act, 1996;
1.2 “Election Sign” shall mean any sign:
a) Advertising or promoting a candidate in a federal, provincial or municipal
elections or by-election;
b) That uses words, pictures or graphics or any combination thereof intended
to influence person to vote for or against any question or by-law submitted
to the electors under Section 8 of the Municipal Elections Act, 1996.
1.3 “Highway” shall have the same meaning as the Highway Traffic Act, RSO 1990,
c. H. and includes a common and public highway, street, parkway, driveway,
square, place, bridge, viaduct, or trestle, any part of which is intended for, or
used by the general public for the passage of vehicles and includes the area
between the lateral property lines thereof.
1.4 “Mobile Sign” shall mean any sign mounted on a trailer or other freestanding
structure, which is designed in such a matter so as to facilitate its movement from
place to place, but does not include a sign attached to a motorized vehicle where
the principle use of the vehicle is transportation of people, goods or other
materials.
1.5 “Municipal Law Enforcement Officer” shall mean a person appointed by the
Council of The Corporation of Norfolk County for the purposes of enforcing
County bylaws and for the purposes of this by-law shall include the Ontario
Provincial Police.
1.6 “Owner” shall mean the registered owner of a property or his/her agent and, in
the case of a condominium, shall mean the corporation or a person authorized to
act on behalf of the corporation.
1.7 “Portable Sign” shall mean a temporary advertising device and includes any and
all signs Constructed so as to be readily moved or transported whether or not the
sign is fixed to the ground, mounted on a vehicle or affixed to a freestanding
structure but does not include a Sandwich Board Sign or Pedestal Sign.
1.8 “Public Property” shall mean property owned by or under the control of Norfolk
County or any of its agencies, boards or commissions, including public highways,
and shall be deemed to include Public Utility Poles, regardless of whether the
poles are owned by or under the control of the County.
1.9 “Public Utility Pole” shall mean a pole owned or controlled by an entity which
provides a municipal or public utility service, including the County, Bell Canada,
Hydro and any subsidiaries thereof.
1.10 “Third Party Advertiser” shall mean:
(a) in the case of a federal or provincial election, a person, entity or group, other
than a registered party, registered association, candidate or nomination
contestant, that conducts election advertising.
(b) In the case of Norfolk County municipal election, an individual, corporation or
trade union that is a registered third party pursuant to section 88.6 of the
Municipal Elections Act, 1996, as amended.
1.11 “Urban Area” shall mean urban area as defined in the Official Plan of Norfolk
County.
1.12 “Vehicle Election Sign” shall mean an election sign as defined in Section 1.2
which is displayed on a vehicle and includes a sign painted or otherwise
exhibited on a vehicle or a sign displayed on shrink wrapping placed over a
vehicle.
1.13 “Visibility Triangle” shall mean a triangular area formed within a lot by:
(a) intersecting streets and a straight line connecting them 9.0 m (29.5 ft.) from
their point of intersection;
(b) the intersection of a street and any portion of a driveway within 5.0 m (16.4 ft.)
of property line and a straight line connecting them 5.0 m (16.4 ft.) from their
point of intersection; or
(c) the intersection of an alley and a street, or two alleys and a straight line
connecting them 5.0m (16.4 ft.) from their point of intersection.
1.14 “Voting Place” shall mean a place where electors cast their ballots and:
(a) When a Voting Place is located on Public Property, includes all of the area
enclosed by the lot lines of the Public Property and any Highway abutting; or
(b) When a Voting Place is located on Private Property, includes all of the
common elements of the Private Property and any Highway immediately
abutting.
PART 2- GENERAL
2.1 No person shall erect, attach, place or display an Election Sign except as
permitted by this by-law.
2.2 Elections Signs shall not:
a) be attached to trees; or
b) have flashing lights or rotating parts.
2.4 No person shall deface or willfully cause damage to a lawfully erected Election
Sign.
2.5 No permits are required by Norfolk County for the erection of Election Signs in
the County.
2.6 No person shall erect an election sign, poster or placard that refers to an election
a) within 100 metres of a Voting Place, unless such land is a residential private
property;
b) on a vehicle that is parked within 100 metres of the entrance to a building in
which there is a Voting Place, unless such land is a residential private
property.
2.7 No person shall display the Norfolk County logo or seal in whole or in part, on
any Election Sign.
PART 3 – ELECTION SIGNS ON PUBLIC PROPERTY
3.1 No person shall at any time place an Election Sign, or cause an Election Sign to
be placed, in any public park or on any property owned or occupied by Norfolk
County with the exception of public highways subject to the regulations as
outlined in Part 3 of this bylaw.
3.2 Election Signs may be erected or displayed on public highways, including
municipal road allowances, if:
a) the signs are not illuminated;
b) the signs are no larger than 2.9 square metres (32 square feet) in area and
no higher than 2 metres (6.5 feet) above ground level;
c) the signs are not located within 4 metres (13 feet) of the curb or edge of
pavement or 1 metre (3.3 feet) from the edge of the shoulder of the road;
d) the signs are not located between the curb and the sidewalk;
e) the signs are not placed on a roadway, in a visibility triangle; on a bridge,
median, island, central boulevard or sidewalk;
f) the signs do not interfere with the safe operation of vehicular traffic or with the
safety of pedestrians;
g) the signs are erected with the consent of the owner or occupant of the
abutting property in the urban areas.
3.3 No person shall pull down or remove an Election Sign erected or displayed in
accordance with sections 3.1 and 3.2 except with the consent of the Candidate to
whom the sign relates or the owner or occupant of the abutting property.
3.4 Despite the provisions of this or any other by-law, no person shall attach an
Election Sign to a Public Utility Pole, light standard, any official sign or official
sign structures, utility box, planter, bench, waste receptacle, newspaper box, or
mail box on a road allowance.
3.5 No person shall erect an Election Sign where it obstructs or interferes with a door
or fire escape of a building.
PART 4 – ELECTION SIGNS ON PRIVATE PROPERTY
4.1 Election Signs may be erected or displayed on private property if:
a) consent has been obtained from the owner of the property prior to the
erection of the sign;
b) the signs are no larger than 2.9 square metres (32 square feet) in area and
no higher than 1.8 metres (6 feet) above ground level, save and except
billboard signs and signs on campaign offices;
c) the signs do not interfere with the safe operation of vehicular traffic or with the
safety of pedestrians;
d) No illuminated or luminous sign shall be so located in such a fashion as to
diminish or detract from the effectiveness of any traffic signal or safety
warning device and/or fall within the vision of motorists in such a manner so
as to create a traffic hazard;
e) Illuminated signs shall be located so as to reflect light away from the adjacent
premises or streets to prevent any glare or blinding spill-over effect.
4.2 Election Signs on Private Property shall be limited to:
a) No more than two election signs per candidate on any one residential
property;
b) No more than two election signs per third party candidate on any one
residential property;
4.3 No person shall pull down or remove a lawfully-erected Election Sign on private
property without the consent of the Candidate to whom the sign relates or the
owner or occupant of the property upon which the sign is erected.
4.4 That notwithstanding clause 4.1 b) the use of mobile signs and existing
commercial signs be permitted for the purposes of conveying messages
advertising or promoting a candidate in a federal, provincial or municipal election
or by-election or used to influence persons to vote for or against any question or
by-law submitted to the electors under Section 8 of the Municipal Elections Act,
1996, where such signs are permitted.
PART 5 – TIMING
5.1 Election signs associated with a municipal election shall not be erected or
displayed any earlier than after 12:00 p.m. thirty (30) days prior to Voting Day, as
defined in the Municipal Elections Act, 1996, as amended, in each year a
Municipal Election is held or prior to nomination day in the event of a By-Election.
5.2 Election Signs shall not be erected or displayed for a federal or provincial
election until after 12:00 p.m. on the date the Writ of Election is issued in
accordance with the Canada Elections Act, as amended, and the Election Act, as
amended;
5.3 Despite Section 5.1, Election Signs may be erected on campaign offices once
the candidate has filed his/her nomination papers and paid the required filing fee.
5.4 Despite Section 5.1, Vehicle Election Signs can be displayed once the candidate
has filed his/her nomination papers and paid the required filing fee.
5.5 Election Signs shall be removed within seven (7) days after the completion of
voting on voting day.
PART 6 – REMOVAL OF UNLAWFUL ELECTION SIGNS
6.1 If a sign is erected or displayed in violation of this by-law, the appropriate
Municipal Law Enforcement Officer may cause the sign to be removed:
a) immediately without notice if it poses an immediate safety hazard; or
b) if the Candidate or his/her delegate has not removed the sign within 24 hours
after being so notified.
6.2 Any sign that has been removed by the County will be stored until one week after
the completion of voting on voting day.
6.3 Candidates, or an agent on their behalf, can reclaim all removed signs for up to
seven (7) days following voting day, during regular office hours.
6.4 Any sign that has been removed in accordance with Section 6.2 and not
reclaimed in accordance with section 6.3 may be destroyed or otherwise
disposed of by the County without notice and without compensation to the owner
of the sign.
6.5 Despite Section 6.2 the County shall not be obliged to store signs made entirely
of paper or other lightweight material and may destroy these signs immediately
upon removal.
PART 7- ENFORCEMENT
7.1 The Municipal Law Enforcement Officer shall enforce this by-law.
PART 8 – PENALTY
8.1 Any person who contravenes any provision of this by-law is guilty of an offence
and upon conviction, is liable to the penalties specified by the Provincial Offences
Act, R.S.O. 1990, cP.33, as amended.
PART 9 – LIABILITY FOR DAMAGES
9.1 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 the negligence or willful acts of such person, or his or her agents or
employees, in the construction, erection, maintenance, repair or removal of such
signs.
PART 10 – PRECEDENCE OVER ELECTION SIGN PROVISIONS IN
OTHER BY-LAWS
10.1 In the event of a conflict between this By-law and the provisions of another By-law regulating signs, including Election Signs, the provisions of this By-law prevail.
PART 11 – REPEAL
11.1 THAT By-Law No. 2021-31 is hereby repealed in its entirety.
PART 12 – EFFECTIVE DATE
12.1 That the effective date of this By-Law shall be the date of final passage thereof.
Written by: Ashley Taylor