Item No Halifax Regional Council August 14, 2012

Transcription

1 Item N Halifax Reginal Cuncil August 14, 2012 TO: Mayr Kelly and Members f Halifax Reginal Cuncil SUBMITTED BY: Richard Butts, Chief Administrative Officer DATE: July 24, 2012 Original signed by Brad Anguish, Acting Deputy Chief Administrative Officer SUBJECT: Prpsed Amendments t By-Law S-800 Licensing f Temprary Signs in regard t Electin Signage ORIGIN Mtin f Halifax Reginal Cuncil f April 24, 2012 requesting a staff reprt t amend the HRM Sign By-law t specifically exclude electin signage frm being psted in advance f a specific date t be determined by the Returning Officer in the case f the Municipal Electins r the drpping f the writ in Federal and Prvincial Electins. RECOMMENDATION It is recmmended that Halifax Reginal Cuncil give First Reading and adpt the prpsed revisins t By-law S-800, the By-law fr Temprary Signs, as fund in Attachment 1 f this staff reprt, in rder t address the matter f Electin Signage within the By-law.

2 Prpsed Amendments t By-Law S-800- Temprary Signs In regard t Electin Signage August 14, 2012 Cuncil Reprt BACKGROUND In September 2006, Halifax Reginal Cuncil passed secnd reading f By-Law S-800 in regard t the requirements fr the licensing f Temprary Signs with an effective date f Nvember The Temprary Signs By-law S-800 utlines the allwance fr, restrictin t and licensing prcess fr the prvisin f Temprary Signs within HRM. Over time, there have been a number f matters raised with the Temprary Signs By-law and a mtin passed by Reginal Cuncil requesting that the By-law be revisited and revised t better enable better clarity and enfrcement prvisins within the By-law. This prcess is underway and a reprt t Reginal Cuncil is expected early in In the interim, a specific mtin in regard t the specifically clarifying requirements in regard t Electin Signage was passed by Reginal Cuncil in April, DISCUSSION Sectin 44 f the Streets By-law S-300 states N persn shall place r allw t be placed any sign within the street withut first btaining a permit therefr pursuant t a sign r encrachment by-law. Bth the current HRM Temprary Signs By-law S-800 and the Encrachment By-law E-200 are silent n the matter f Electin Signage and currently d nt prvide a means by which Electin Signage is specifically addressed. A number f municipalities in Canada such as the cities f Trnt, Stratfrd, and Ottawa have passed by-laws in regard t Electin signage, while ther cities, such as Edmntn, issue guidelines under existing streets by-laws that specifically permit electin signage in sme areas where signs are generally prhibited. These appraches have been put frward in an effrt t create a balance between plitical expressin and such as safety and nuisance. There have been curt challenges t a number f thse municipal by-laws, specifically in regard t ensuring freedm f speech and plitical expressin. Generally, the curts have determined that an apprpriate balance must been struck between freedm f expressin and cncerns that fall within the jurisdictin f a municipality, such as pedestrian/vehicular safety and nuisance. Upn review by HRM Legal Services and the HRM Returning Officer, the prpsed amendments t By-law S-800, as fund in Attachment 1 f this reprt: Ensures that the matter f Electin signage is addressed within By-law S-800 Prvides apprpriate pprtunity fr plitical expressin n bth private and public prperty Prvides fr restrictins apprpriate t the specific municipal interests f safety and nuisance Prvides fr reasnable time frames Des nt impse any licensing r fee requirements n Electin signage

3 Prpsed Amendments t By-Law S-800- Temprary Signs In regard t Electin Signage August 14, 2012 Cuncil Reprt The result f Reginal Cuncil passing the prpsed amendments the effect wuld be that: Electin Signs wuld be allwed n private prperty with the permissin f the wner at any time. Electin signs wuld be allwed n cmmercial rental advertising space (apprpriately licensed and apprved) at any time. Electins signs wuld be specifically excluded frm being placed n HRM prperty and n r adjacent t Public Parks at all times. Electin signs wuld be specifically permitted n the Street Right f Way with the fllwing cnditins: Size n larger than 1.5 meters in area and less than 2 meters abve grund level (as measured frm the tp f the sign) Des nt interfere with r bstruct the view f any traffic signal, light r cntrl sign Des nt interfere with r bstruct the view f the street intersectin, any pedestrian crss walk, driveway, r the intersectin f a street r railway crssing On streets with n sidewalks, the signs t be at least 1.5 metres frm the curb r edge f pavement Nt n medians r islands With the cnsent f the abutting prperty wner r ccupier Times: Electin Signs in the Street Right f Way wuld be allwed nly at specific times nly, being: Fr regular Municipal Electins, beginning September 1 st f the year f the Electin (September 1 t Electin) Fr special Municipal Electin frm the day Cuncil names the date f the Electin Fr Prvincial and Federal Electins, frm the day the writ f electin is issued The Municipal Electin Act and Prvincial/Federal Acts all specify that Electin Signage must be remved within specific time perid after the end f the Electin (within 7 days under the Municipal Electins Act). It is the psitin f HRM that, n balance, the permissin and restrictins n Electin Signage prvided fr in the prpsed amendments prvide an apprpriate balance between the Charter requirements f plitical expressin and speech and the legitimate municipal interests f public (pedestrian/vehicular) safety and nuisance. BUDGET IMPLICATIONS There are n budget implicatins t this reprt.

4 Prpsed Amendments t By-Law S-800- Temprary Signs In regard t Electin Signage August 14, 2012 Cuncil Reprt FINANCIAL MANAGEMENT POLICIES/BUSINESS PLAN This reprt cmplies with the Municipality s Multi-Year Financial Strategy, the apprved Operating, Prject and Reserve budgets, plicies and prcedures regarding withdrawals frm the utilizatin f Prject and Operating reserves, as well as any relevant legislatin. COMMUNITY ENGAGEMENT Adptin f by-law amendments has a ntice requirement in rder t ensure public input int the prpsed amendments. Ntice and pprtunity fr input is prvided fr. ENVIRONMENTAL IMPLICATIONS While there is likely t always be a place fr the use f traditinal frms f electin signage, ensuring the apprpriate placement f electin signs may encurage alternative frms f electin advertising that culd serve t reduce the waste generated thrugh traditinal means. ALTERNATIVES 1) Reginal Cuncil culd chse nt t adpt amendments t By-law S-800, thus leaving the matter f Electin Signage silent under the current by-law. 2) Reginal Cuncil culd delay a decisin in regard t amendments t By-law S-800 t a future date when the Temprary Signs By-law is redrafted and cmes befre Reginal Cuncil. 3) Reginal Cuncil culd prpse further amendments in regard t the specifics f directin n Electin signage as prpsed in By-law S-800.

5 Prpsed Amendments t By-Law S-800- Temprary Signs In regard t Electin Signage August 14, 2012 Cuncil Reprt ATTACHMENTS Attachment A Prpsed Amendments t By-Law S-800 Licensing f Temprary Signs in regard t Electin Signage Attachment B By-law S-802, Amending By-law S-800 A cpy f this reprt can be btained nline at then chse the apprpriate meeting date, r by cntacting the Office f the Municipal Clerk at , r Fax Reprt Prepared by: Cathy J. Mellett, Municipal Clerk/Returning Officer and Sara Knight, Slicitr Reprt Apprved by: Marian Tysn, A/Directr f HRM Legal Services & Risk Management Financial Apprval by: Greg Keefe, Directr f Finance & Infrmatin, Cmmunicatins & Technlgy/CFO,

6 APPENDIX A (Shwing prpsed amendments t By-law S-800) HALIFAX REGIONAL MUNICIPALITY BY-LAW S-800 RESPECTING REQUIREMENTS FOR THE LICENSING OF TEMPORARY SIGNS PART 7: Signs Within HRM Public Right-f-Way 7.1 Signs are nt permitted within an HRM public right-f-way except fr: Psters (a) (b) (c) Psters are permitted prvided that they are placed n cmmunity kisks and ntice bards as apprved by the Municipality but d nt require a license. Sandwich Bards a license is required fr a Sandwich Bard fr cmmercial, industrial, and institutinal uses per 12 mnth perid and prvided that nly ne Sandwich Bard is permitted per premise and shall be lcated directly in frnt f the premise being advertised and the Sandwich Bard shall nt: (i) bstruct pedestrians r cnstitute a hazard; (ii) exceed 0.6 metres (2.0 feet) in width and 0.9 metres (3.0 feet) in height; 0 (iii) have mving parts, display lights r require electrical pwer; (iv) be displayed during nn-business hurs; (v) be lcated in the pedestrian thrugh zne r curb zne fa sidewalk (see Schedule A); and (vi) be permitted if a sidewalk des nt cntain a furnishing and service zne r a frntage zne (see Schedule A). a license is required fr a Sandwich Bards which ntifies the public f special cmmunity events and festivals and the Sign shall nt be placed fr a perid lnger than thirty (30) cnsecutive days and Sandwich Bard shall nt: (d) (i) bstruct pedestrians r cnstitute a hazard; (ii) exceed 0.6 metres (2.0 feet) in width and 0.9 metres (3.0 feet) in height; (iii) have mving parts, display lights r require electrical pwer; (iv) be lcated in the pedestrian thrugh zne r curb zne f a sidewalk (see Schedule A); and (v) be permitted if a sidewalk des nt cntain a furnishing and service zne r a frntage zne (see Schedule A). further t Sectins 7.1 (b) and (c), an applicant fr a Sandwich Bard shall prvide

7 Right-Of-Way Advertising prf f and maintain public liability insurance in the minimum amunt f $1 millin dllars per Sign ccurrence, such insurance shall indemnify the Municipality and its emplyees frm any and all claims made as a result f the Sign, and the Municipality shall be named as an additinal insured. (e) HRM apprved Right-Of-Way Advertising but n license is required thrugh this By-law. Part 7 A Electin Signs Placement f electin signs in Street Right f Way 7A.1 In Part 7A: (a) "Candidate" means a candidate under the Municipal Electins Act, R.S.N.S., 1989, c.300, as amended; Electins Act, S.N.S, 2011 c. 5, as amended; Canada Electins Act, 2000 S.C., c. 9, as amended. (b) "Electin" means:,(i) a federal, prvincial r municipal electin; (ii) a Halifax Reginal Schl Bard electin; (iii) a Cnseil sclaire acadien prvincial electin; (iv) a special electin r by-electin; (v) a plebiscite; and (vi) a referendum. (c) "Electin sign" means: (i) a sign that prmtes a candidate fr an electin; r (ii) a sign that prmtes an apprval r disapprval in respect f the questin being psed in a referendum r plebiscite. 7A.2 (1) Ntwithstanding sectin 7.1 f this By-law, electin SIgnS are permitted within the street right-f-way if the fllwing cnditins are met: (a) The signs shall be n larger than 1.5 square metres in area; (b) The signs shall be less than 2 metres abve grund level, as measured frm the tp f the sign; (c) The signs shall nt interfere with r bstruct the view f any traffic signal light, r traffic cntrl sign; (d) The signs shall nt interfere with r bstruct the view at any street intersectin, any pedestrian crsswalk, any driveway cnnectin t a street, r the intersectin f a street with a railway crssing;

8 (e) On streets withut sidewalks, the signs shall be lcated at least l.5 metres frm 0 the curb r, where there is n curb, the edge f pavement;. (f) The signs shall nt verhang the pedestrian way r travelled prtin f the street; (g) The signs shall nt be placed n a median r island installed within the street; and (h) The signs shall be erected with the cnsent f the wner r ccupant f the abutting prperty. (2) Electin signs shall nt be erected r displayed within the street right-f-way fr a municipal electin: (a) Fr a regular electin, until September I in the year f the electin, and (b) Fr a special electin held pursuant t sectin 13 f the Municipal Electins Act, until the Cuncil names a day fr the special electin. (3) Electin signs shall nt be erected r displayed within the street right-f-way fr a prvincial r federal electin until the day the writ f electin is issued. (4) Electin signs shall nt be erected r displayed within the street right-f-way fr a referendum under the Referendum Act, S.c. 1002, c. 30 until the day the writ f referendum is issued. Placement f Electin Signs n Municipal Prperty 7 A.3 (l) Electin signs are nt permitted n municipally-wned prperty, except as specifically 0 permitted within the street right f way.. (2) Electin signs shall nt be placed within the street right f way abutting a municipal park r a facility that is wned r perated by the municipality. Placement f Electin Signs n Private Prperty 7 A.4 (I) Electin signs may be erected r displayed n private prperty at any time with cnsent f the wner. (2) Electin signs n private prperty must nt interfere with r bstruct: (a) the view f any traffic signal light r traffic cntrl sign; r (b) the view at any street intersectin, any pedestrian crsswalk, any driveway cnnectin t a street, r the. intersectin f a street with a railway crssing. General Prvisins fr Electin Signs 7 A.5 (I) N applicatin, fee, r license is required fr electin signs. (2) Electin signs may be erected r displayed at any time and at any lcatin fr which 0 apprval and/r licensing has already been granted fr a sign under this By-law r any ther.

9 (3) Part 10 f the By-law applies t electin signs. Part 10 Enfrcement and Penalty 10.1 This By-law shall be enfrced by the Develpment Officer r designate Municipal emplyees may enter at all reasnable times upn private prperty fr the purpse f inspectin and enfrcement necessary t administer this By-law A Sign that is placed in vilatin f this By-law iay be subject t remval and impundment by the Municipality. All csts assciated with such remval r impundment shall be the respnsibility f the Owner. Such csts shall be paid t the Municipality r its agent prir t release f an impunded Sign. A Sign nt claimed within fifteen (15) days f its impundment may be destryed, sld r therwise dispsed f by the Municipality. Unpaid csts may be charged and cllected by the Municipality as a first lien n the prperty affected (a) Any persn wh vilates any f the prvisins f this By-law shall be guilty f an ffence and shall, n summary cnvictin, be liable fr the first ffence t a penalty f nt less than Tw Hundred and Fifty Dllars (250.00) and f nt mre than ten thusand dllars ($10,000.00) r imprisnment fr a perid f nt mre than ne year r bth, including the impsitin f the minimum fine; (b) fr the secnd ffence t a penalty f nt less than Five Hundred Dllars ($500.00) and f nt mre than ten thusand dllars ($10,000.00) r imprisnment fr a perid f nt mre than ne year r bth, including the impsitin f a minimum fine; (c) fr the third ffence r any subsequent ffence t a penalty f nt less than One Thusand Dllars ($1,000.00) and f nt mre than ten thusand dllars ($10,000.00) r imprisnment fr a perid f nt mre than ne year r bth, including the impsitin f a minimum fine.

10 APPENDIXB HALIFAX REGIONAL MUNICIPALITY BY-LAW NUMBER S-802 Respecting Amendments t By-Law N. S-800, the By-law fr Temprary Signs BE IT ENACTED by the Cuncil f the Halifax Reginal Municipality, that By-law S- 800, the Halifax Reginal Municipality By-law fr Temprary Signs, as amended, is further amended by: I) Adding Part 7 A fllwing Part 7 f the By-law as fllws: Part 7 A Electin Signs Placement f electin signs in Street Right f Way 7A.llnPart7A: (a) "Candidate" means a candidate under the Municipal Electins Act, R.S.N.S., 1989, c.300, as amended; Electins Act, S.N.S, 2011 c. 5, as amended; Canada Electins 0 Act, 2000 S.c., c. 9, as amended. (b) "Electin" means: (i) a federal, prvincial r municipal electin; (ii) a Halifax: Reginal Schl Bard electin; (iii) a Cnseil sclaire acadien prvincial electin; (iv) a special electin r by-electin; (v) a plebiscite; and (vi) a referendum. (c) "Electin sign" means: (i) a sign that prmtes a candidate fr an electin; r (ii) a sign that prmtes an apprval r disapprval in respect f the questin being psed in a referendum r plebiscite. 7A.2 (1) Ntwithstanding sectin 7.1 f this By-law, electin signs are permitted within the street right-f-way if the fllwing cnditins are met: (i) (ii) The signs shall be n larger than 1.5 square metres in area; The signs shall be less than 2 metres abve grund level, as measured frm the tp f the sign;

11 (iii) (iv) (v) (vi) (vii) (viii) The signs shall nt interfere with r bstruct the view f any traffic signal light, r traffic cntrl sign; The signs shall nt interfere with r bstruct the view at any street intersectin, any pedestrian crsswalk, any driveway cnnectin t a street, r the intersectin f a street with a railway crssing; On streets withut sidewalks, the signs shall be lcated at least 1.5 metres frm the curb r, where there is n curb, the edge f pavement; The signs shall nt verhang the pedestrian way r travelled prtin f the street; The signs shall nt be placed n a median r island installed within the street; and The signs shall be erected with the cnsent f the wner r ccupant f the abutting prperty. (5) Electin signs shall nt be erected r displayed within the street right-f-way fr a municipal electin: (i) (il) Fr a regular electin, until September 1 in the year f the electin, and Fr a special electin held pursuant t sectin 13 f the Municipal Electins Act, until the Cuncil names a day fr. the special electin. (6) Electin signs shall nt be erected r displayed within the street right-f-way fr a prvincial r federal electin until the day the writ f electin is issued. (7) Electin signs shall nt be erected r displayed within the street right-f-way fr a referendum under the Referendllm Act, S.C. 1002, c. 30 until the day the writ f referendum is issued. Placement f Electin Signs n Municipal Prperty 7 A.3 (1) Electin signs are nt permitted n municipally-wned prperty, except as specifically permitted within the street right f way. (2) Electin signs shall nt be placed within the street right f way abutting a municipal park r a facility that is wned r perated by the municipality. Placement f Electin Signs n Private Prperty 7 A.4 (1) Electin signs may be erected r displayed n private prperty at any time with cnsent f the wner. (2) Electin signs n private prperty must nt interfere with r bstruct: (a) the view f any traffic signal light r traffic cntrl sign; r (b) the view at any street intersectin, any pedestrian crsswalk, any driveway cnnectin t a street, r the intersectin f a street with a railway crssing.

12 .. General Prvisins fr Electin Signs 7 A.5 (I) N applicatin, fee, r license is required fr electin signs. (2) Electin signs may be erected r displayed at any time and at any lcatin fr which apprval and/r licensing has already been granted fr a sign under this By-law r any ther. (3) Part 10 f the By-law applies t electin signs.