Mayor and Members of Council Hal Linscott, Director of Legal Services and City Solicitor Lanie Hurdle, Commissioner of Community Services

CITY OF KINGSTON REPORT TO COUNCIL Report No.: 14-033 TO: FROM: RESOURCE STAFF: Mayor and Members of Council Hal Linscott, Director of Legal Services and City Solicitor Lanie Hurdle, Commissioner of Community Services John Bolognone, City Clerk Terry Willing, Director, Building & Licensing DATE OF MEETING: December 17, 2013 SUBJECT: Update to the Election Signs By-law EXECUTIVE SUMMARY: In preparation for the 2014 municipal election, staff have been working to update and review the necessary guidelines and policy documents. The Election Signs By-law has been identified as a by-law that required review. The Election Signs By-law regulates the placement of election signs in the City of Kingston. In completing the review staff, undertook a benchmarking exercise to determine best practices in regulating the placement of election signs. In addition, the Clerk s Department also worked with the Licensing and Enforcement Division to ensure that any proposed changes were enforceable. Staff are recommending several changes to provide greater clarity, such as establishing a date when election signs can be placed. The definitions section has also been revised to align the definitions, with others established in the Streets By-law and the Sign By-law. The by-law has also been reformatted to improve communication and will serve as an education tool for candidates and the public, and will remain primarily focused on the placement of signs. RECOMMENDATION: THAT the by-law, as attached as Exhibit C to Report 14-033 be presented to Council to repeal By-law 2000-293, being a by-law to regulate election signs in the City of Kingston; and THAT the by-law, as attached as Exhibit D to Report 14-033 be presented to Council, being a by-law to regulate election signs in the City of Kingston; and THAT the by-laws receive all three readings. Council Meeting 2 January 17, 2013 104

REPORT TO COUNCIL Report No.: 14-033 December 17, 2013 - Page 2 - AUTHORIZING SIGNATURES: Hal Linscott, Director of Legal Services and City Solicitor Lanie Hurdle, Commissioner of Community Services Gerard Hunt, Chief Administrative Officer CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Cynthia Beach, Corporate and Strategic Initiatives Denis Leger, Transportation, Properties & Emergency Services Jim Keech, President and CEO, Utilities Kingston N/R N/R N/R (N/R indicates consultation not required) Council Meeting 2 January 17, 2013 105

REPORT TO COUNCIL Report No.: 14-033 December 17, 2013 - Page 3 - OPTIONS/DISCUSSION: Background The Election Signs By-law regulates the placement of election signs in the City of Kingston. The current By-law has been in effect since October 25, 2000, and has been used in four municipal elections. During the 2010 municipal election, staff noted several enforcement issues with the placement of election signs, and suggested that the Election Signs By-law be amended to provide clearer guidelines for candidates. In addition, the Election Signs By-law has been identified through the corporate by-law review program and included in the Inventory of By-laws for Review, as established by Report AP-12-018. The next municipal election will be held on Monday October 27, 2014. In preparation, staff have reviewed the Election Signs By-law to ensure that it provides greater clarity on where signs can be placed. In completing its review, staff identified several municipalities to ascertain best practices, and to ensure that any of the proposed amendments are in line with what other municipalities have been able to successfully enforce. Findings from Best Practices Research Staff reviewed the election signs by-laws from a cross section of Ontario municipalities. A summary of the results has been attached as Exhibit A. The following municipalities have been included in the benchmarking exercise, Barrie, London, Milton, Mississauga, Oakville, Oshawa, and Toronto. Although most municipalities include election sign provisions within their general sign by-law; it is recommended by staff that the by-law remain as a standalone by-law to be a clear set of rules for candidates during an election. Proposed Changes to the By-law The revised Election Signs By-law, attached as Exhibit C, includes minor amendments, with the majority of changes being housekeeping in their nature. The Election Signs By-law will remain as a standalone by-law, with a focus on the regulation of the placement of signs. Formatting changes have been made to streamline the by-law to assist candidates understanding and compliance. The definitions portion of the by-law has been enhanced to provide greater clarity. The definition of public office is replaced with one for candidate, which is referenced in the sign definition. The candidate definition has been expanded to include individuals who may erect signs with respect to a question on the ballot, or signs that are opposed to a candidate. In addition, definitions such as median, and sight triangle, public property, public utility pole, and voting place have been included to afford greater clarity. Council Meeting 2 January 17, 2013 106

REPORT TO COUNCIL Report No.: 14-033 December 17, 2013 - Page 4 - Staff are proposing the addition of a clause regulating the timing of the erection of election signs. No election sign shall be erected or displayed prior to the issuance of writs for a provincial or federal election, or until the close of nominations for a municipal election. Restricting when an election sign can be placed is a common regulation of many municipalities. Some municipalities including, Milton, Mississauga, Oakville, and Oshawa use nomination day to define when signs can be placed. For clarity purposes, staff are recommending limiting the placing of election signs until after the close of nominations for municipal elections, (for the 2014 municipal election this will be on Friday, September 12, 2014 after 2:00 p.m.), and upon the issuance of the writ (for provincial and federal elections) as these are key dates that are commonly known by candidates and the public. Further changes to the by-law include stronger wording added to the removal of election signs on restricted areas section, and an update in the offences section, to include reference to the Provincial Offences Act. EXISTING POLICY/BY LAW: By-law 2000-293, A By-law to Regulate Election Signs in the City of Kingston NOTICE PROVISIONS: In accordance with the City of Kingston s Public Notice Policy, a public notice advising that Council would be considering changes to the existing Election Signs By-law was placed in the Whig Standard on December 3, 2013, two weeks in advance of the first meeting that the matter would be discussed. In addition a web notice was placed on the City s website for a two week period. ACCESSIBILITY CONSIDERATIONS: N/A FINANCIAL CONSIDERATIONS: There are no financial implications with this report. CONTACTS: John Bolognone, City Clerk 613-546-4291 ext. 1247 Terry Willing, Director, Building & Licensing 613-546-4291 ext. 3240 OTHER CITY OF KINGSTON STAFF CONSULTED: Kevin Arjoon, Deputy City Clerk Council Meeting 2 January 17, 2013 107

REPORT TO COUNCIL Report No.: 14-033 December 17, 2013 - Page 5 - Kim Leonard, Manager, Licensing & Enforcement Greg McLean, Policy & Program Coordinator, Licensing & Enforcement Alan McLeod, Senior Legal Counsel EXHIBITS ATTACHED: Exhibit A - Municipal Benchmarking for Election Signs By-law Exhibit B - By-law 2000-293 Being a By-law to Regulate Election Signs in the City of Kingston Exhibit C - By-law to Repeal By-law 2000-293, Being a By-law to Regulate Election Signs in the City of Kingston Exhibit D - Proposed by-law to Regulate Election Signs in the City of Kingston Council Meeting 2 January 17, 2013 108

Exhibit A Report 14-033 Municipal Benchmarking for Election Signs By-law Municipality Limit Days to Place Election Signs Definitions to Include Questions on the Ballot City of Barrie By-law 2006-105 Barrie has a standalone election signs by-law. City of London By-law E-160-161 London has a standalone election signs by-law. Town of Milton By-law 011-2013 Milton has a standalone election signs by-law. Section 4.1 45 days immediately preceding the day of an election. Section 4.2 Despite Section 4.1, election signs may be erected on campaign offices up to 90 days prior to voting day. No time defined. Timing: No person shall place or permit to be placed an election sign for a federal or provincial election or by-election earlier than the day the writ of election or by-election is issued. No person shall place or permit to be placed an election sign for a municipal election earlier than the day that the candidate has filed his or her nomination with the Town Clerk and no earlier than (a) Nomination day in the year of a regular election or (b) Nomination Day for a byelection. Section 1.1 d) Signs intended to influence persons to vote for or against any candidate or any question or by-law submitted to the electors under section 8 of the Municipal Elections Act, 1996 Section 1 (b): to vote in favour of or against any question or by-law submitted to the electors under section 8 of the Municipal Elections Act, 1996; The definition of Election Sign includes the following: A question or by-law submitted to the electors under the Canada elections Act, the Election Act or the Municipal Elections Act, 1996 A candidate or political party participating in an election under the Canada Elections Act, the Election Act or the Municipal Elections Act, 1996. Restrictions on the placement of Signs and Voting Locations. Section 2.2 subsections h and i At a voting place, or on or within a vehicle within 50 metres of a voting place. Section 5: No person shall at any time on any election voting day, including those days when advance election voting is held, place a campaign sign, or cause a campaign sign to be placed on any premises used as a polling place for elections. Voting Places: No person shall place or permit to be placed at a voting place an election sign on any day when electors are casting their ballots. Council Meeting 2 January 17, 2013 109

Exhibit A Report 14-033 Municipal Benchmarking for Election Signs By-law Municipality Limit Days to Place Election Signs Definitions to Include Questions on the Ballot City of Mississauga By-law 54-02 Mississauga s regulations for election signs are included in the Sign By-law. Town of Oakville By-law 2006-217 Oakville s regulations for election signs are included in Schedule D to the Sign by-law. City of Oshawa By-law 80-97 Oshawa has a standalone by-law for the regulation of Election Signs. Section 21 (2): 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 until the close of nominations for a municipal election. Fascia Signs are permitted on a candidate s campaign office. Timing of Display Section 2: No person shall erect, locate or otherwise display an election sign: a) in the case of a Municipal election, prior to nomination day as set out in the Municipal Elections Act; b) in the case of a Federal or Provincial election, prior to the issuance of the writ for the election; Section 3.1.5: No election sign shall be erected, placed, maintained or displayed within any time period other than the time period commencing the thirty-seventh calendar day prior to the polling day of the election or referendum to which the election sign relates, and ending on the seventh calendar day thereafter. Does not include wording for questions or by-laws submitted to electors under Section 8 of the Municipal Elections Act, 1996. Section 7: The only election signs which may be displayed in Oakville are: a) election signs for a candidate running to represent Oakville or a portion of Oakville; and b) election signs promoting a position with respect to a question on a ballot upon which Oakville residents may vote. "Election Sign" means a sign pertaining to the election of a person or political party seeking public office or pertaining to a referendum being lawfully conducted by any competent level of government. Restrictions on the placement of Signs and Voting Locations. Section 21 (1) (e): No election Sign Place: within 50 metres of the exterior main entrance to the polling station or the front facade of the building which contains the polling station, whichever is greater. Section 4: No person shall erect, locate or display an election sign within a road allowance where the election sign is: f) on Town property within 100 metres (328 feet) of any property line of a voting location; or No provisions in the signs bylaw with respect to the placement of signs near voting places. Council Meeting 2 January 17, 2013 110

Exhibit A Report 14-033 Municipal Benchmarking for Election Signs By-law Municipality Limit Days to Place Election Signs Definitions to Include Questions on the Ballot City of Toronto Chapter 693 of the Toronto Municipal Code. Toronto s regulations for election signs are included in their municipal code, in the signs section. 693-9 Timing: A. Election signs shall not be erected or displayed for a federal or provincial election until the day the writ of election is issued. B. Election signs shall not be erected or displayed for a municipal election until 25 days prior to voting day C. Despite Subsections A and B, election signs may be erected on campaign offices up to 90 days prior to voting day Definitions Section: Election Sign: B. Intended to influence persons to vote for or against any candidate or any question or by-law submitted to the electors under section 8 of the Municipal Elections Act, 1996. Restrictions on the placement of Signs and Voting Locations. 693-7. Election signs on public property: Subject to Subsection B, election signs may be erected or displayed on highways, except highways upon which pedestrians are prohibited, if: g) The signs are not erected adjacent to a voting place, City park or a facility that is owned or operated by the City; Council Meeting 2 January 17, 2013 111

Exhibit B to Report No. 14-033 Note: The foilowing by-law has no amendments to date - Oct. 29, 2013... I II CITY OF KINGSTON Ontario BY-LAW NO. 2000-293 A BY-LAW TO REGULATE ELECTION SIGNS IN THE CITY OF KINGSTON PASSED: October 25,2000 As Amended By: (Office Consolidation) Page 11 Printed: October 29, 2013 Council Meeting 2 January 17, 2013 112

Exhibit B to Report No. 14-033 City of Kingston By-Law No. 2000-293 INDEX Page Section Definitions Displaying of Election Signs Within Limits of Road Allowance No Sign Permit Fee Setback From Road Allowance Sight Triangle - Road Allowance Bridges Sidewalks Other Signs No Posting of Signs of Trees Municipal Property, Facilities and Parks Removal of Election Signs Offences Effective Date Schedule A Schedule B 1 1 1 2, 3 2 4 2 5 2 6 2 7 2 8 3 9 3 10 3 11 3 12 3 13 3 14 6 7 Page 2 - Printed: October 29,2013 Council Meeting 2 January 17, 2013 113

Exhibit B to Report No. 14-033 City of Kingston By-law No. 2000-293 A BY-LAW TO REGULATE ELECTION SIGNS IN THE CITY OF KINGSTON PASSED: October 25,2000 WHEREAS section 210, paragraph 146 of the Municipal Act R.S.O. 1990, c. M.45, as amended, authorizes Council to enact by-laws for the purpose of prohibiting and regulating signs within the municipality; AND WHEREAS Council has determined that, for the purpose of aesthetics and public safety, it wishes to regulate the placement of election signs on, over, in or under any public highway, sidewalk, bridge or other municipal property under its jurisdiction; AND WHEREAS prior to passing this by-law, notice of the proposed by-law and notice of the council meeting at which the proposed by-law would be discussed was published once at least fourteen days prior to the council meeting indicated in the notice and Council heard every person who applied to be heard, as required by section 210, paragraph 146(e) and (f) of the Municipal Act. NOW THEREFORE, the Council of The Corporation of the City of Kingston hereby enacts as follows: 1. For the purpose of this by-law: a) "election sign" means any type of sign or other form of display that promotes directly or indirectly the candidacy of any person for election to public office; b) "public office" means any position to which a person is elected by general election and without limiting its generality, includes a member of the Parliament of Canada, a member of the Legislative Assembly for the Province of Ontario, a member of a council of a municipality, and a member of a board of school trustees; c) "road allowance" means the allowance for a public road and includes the traveled and untraveled portions of the road allowance, the road shoulders, ditches, boulevards and sidewalks. (By-Law No. 2000-29-3-2000) 2. No person shall locate, erect, post, place or otherwise display an election sign within the limits of any road allowance within the limits of the City of Kingston except in accordance with this by-law. Page 3 - Printed: October 29, 2013 Council Meeting 2 January 17, 2013 114

II CITY OF KINGSTON BY-LAW NO. 2000-293 Exhibit B to Report No. 14-033 II 3. Despite clause 2, this by-law shall not apply to any road allowances under the jurisdiction of the Ministry of Transportation, including without limitation: a) Highway 401; b) Highway 33 from Collins Bay Road to Coronation Boulevard; and c) Highway 15 north of Highway 401. 4. NO SIGN PERMIT FEE Despite any other by-law of the municipality to the contrary, no fee shall be charged by the municipality and no permit shall be required in order to post an election sign in accordance with this by-law. 5. SETBACK.FROM ROAD ALLOWANCE No election sign shall be located within 2 metres (6.5 feet) of the traveled portion of a road allowance, including on the gravel shoulder, as illustrated on the diagram attached as Schedule 'A' to this by-law and forming a part hereof. 6. SIGHT TRIANGLE - ROAD ALLOWANCE No election sign shall be located within 15 metres (48.75 feet) of an intersection of streets as illustrated on the diagram attached as Schedule 'B' to this by-law and forming a part hereof. 7. BRIDGES No election sign shall be placed on or attached to any bridge. 8. SIDEWALKS No election sign shall be placed on a public sidewalk or in such other location on, over or near a sidewalk so as to interfere with or obstruct normal pedestrian traffic. Page 41 Printed: October 29, 2013 Council Meeting 2 January 17, 2013 115

II CITY OF KINGSTON BY-LAW NO. 2000.;293 Exhibit B to Report No. 14-033 II 9. OTHER SIGNS No election sign shall be affixed to any traffic control sign, guardrail or other form of traffic safety structure or facility, utility pole or equipment, or any other similar type of sign, structure, facility or equipment located within the limits of a road allowance. 10. NO POSTING OF SIGNS ON TREES No election sign shall be posted on any tree located within a road allowance. 11. MUNICIPAL PROPERTY, FACILITIES AND PARKS Except as expressly permitted by this by-law, no election sign shall be located, erected, posted, placed or otherwise displayed on any other mu.nicipal property, including but not limited to parkland, and other lands, buildings and facilities owned by the City of Kingston. 12. REMOVAL OF ELECTION SIGNS All election signs shall be removed within seven (7) days of the day on which the election is held. 13. OFFENCES Every person who contravenes this by-law is guilty of an offence and upon conviction is liable to payment of a fine. 14. EFFECTIVE DATE This by-law shall come into force and take effect on the date of its passing. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page 5 "Printed: October 29, 2013 Council Meeting 2 January 17, 2013 116

Exhibit B to Report No. 14-033 [=IC=I=TY=O=F=.=KI=N=G=S=TO=N= =BY=-=LA=W==N=O=.2=O=O= o~=29=3====================ll Appendix 'A' Election Sign Bylaw Schedule "A" to BY-iaw No. 20uu-293 SETBACK FROM ROAD ALLOWANCE For safety reasons no election sign shall be located within 2 metres (6.5 feet) of the travelled portion of. the road allowance and in no case shall be within the gravel shoulder of the.roadway. T I I Sign..,',... '...,',...,...,'...,... '... '.... Gravel Shoulder... : :,: :.: t:!: : : :,:.' :.:!: hi";',:,:,i! :,:,I :,I : : : : :,I :,:,:!: L: : :,: : t: :.:,:,: :!: : : I:!:'::: I!:! I Travelled Road Boulevard 2 m j 6.5 ft... I Sign Sidewalk Illustrative purposes only. Not to Scale Page 6 - Printed: October 29. 2013 Council Meeting 2 January 17, 2013 117

II CITY 0.FKINGSTo.NBY-LAW NO.. 2000.-293. Appendix 'B' Election Sign Bylaw Exhibit B to Report No. 14-033 II Schedule" 8" to By-law No. 2000-293 SIGHT TRIANGLE - ROAD ALLOWANCE For safety reasons no election sign shalf be located within 15 metres (48.75 feet) of an intersecting street. Sign I 1 ~_m 148.75 ft At-- '...,...,..) ~ t... 15 m 148.75 ft I Sign 1'-1 col '<tl EI ~I B.C Travelled Road Intersection B.C ~T Lni I'-:i OOi '<t E Ln ' -r-;...(. ~... _~~ {- Beginning of Curve ->H"-'---~-~--P' 15mf48.75ft (B.C) 15m/48.75ft Sign Sign I Illustrative purposes only. Not 10 Scale Page 7 - Printed: October 29, 2013 Council Meeting 2 January 17, 2013 118

Exhibit C Report 14-033 BY-LAW NO. 2014-XXXX A BY-LAW TO RESCIND BY-LAW 2000-293, BEING A BY-LAW TO REGULATE ELECTION SIGNS IN THE CITY OF KINGSTON PASSED XXXXXX 2013 WHEREAS on October 25, 2000 the Council of The Corporation of the City of Kingston enacted By-law 2000-293, being a by-law to regulate election signs in the City of Kingston; AND WHEREAS Council endorsed the recommended changes to the Election Signs By-law, as contained in Council Report 14-033, presented at the December 17, 2013 Council meeting; The Council of The Corporation of the City of Kingston hereby enacts as follows: That By-law 2000-293, being a by-law to regulate election signs in the City of Kingston be herby rescinded. GIVEN ALL THREE READINGS AND PASSED XXXXXX, 2013 CITY CLERK John Bolognone MAYOR Mayor Gerretsen Council Meeting 2 January 17, 2013 119

Exhibit D - Report 14-033 BY-LAW NO. 2014-XXXX A BY-LAW TO REGULATE ELECTION SIGNS IN THE CITY OF KINGSTON PASSED XXXXXX 2013 WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 99, gives the Council of The Corporation of the City of Kingston, the authority to pass by-laws with respect to the regulation of signs within the municipality; AND WHEREAS in accordance with the City of Kingston s Public Notice Policy, a public notice advising that Council would consider changes to the Election Signs By-law, 2000-293, was published in the Kingston Whig Standard on December 3, 2013, and posted to the City s website, two weeks prior to the matter first being dealt with at Council; AND WHEREAS the Council of The Corporation of the City of Kingston considers it desirable to enact such a by-law; The Council of The Corporation of the City of Kingston hereby enacts as follows: 1. Definitions In this by-law the following terms shall have the meaning indicated: (a) (b) (c) Candidate means a person who is running or has expressed an intention to run in a municipal, provincial or federal election, and shall be deemed to include a person seeking to influence other persons to vote for or against any candidate or any question or by-law submitted to the electors under section 8 of the Municipal Elections Act, 1996. Sight Triangle means the triangular space formed by the street lines of a corner lot and a line drawn from a point in one street line to a point in the other street line, each such point being 15 metres from the point of intersection of the street lines (measured along the street lines). Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. Election Sign means any sign: (i) advertising or promoting a candidate in a federal, provincial or municipal election, including an election of a local board or commission. Council Meeting 2 January 17, 2013 120

Exhibit D Report 14-033 (ii) intended to influence persons to vote for or against any candidate or any question or by-law submitted to the electors under section 8 of the Municipal Elections Act 1996; (d) (e) (f) (g) (h) median means the portion of a highway that separates traffic travelling in one direction from traffic traveling in the opposite direction by means of a physical barrier or a paved or unpaved separation area that is not intended to allow crossing vehicular movement. Public Property means property owned by or under the control of the City of Kingston, any of its agencies, boards or commissions, including highways, boulevards and road allowances, and shall be deemed to include public utilities facilities, regardless of whether the poles are owned by or under the control of the City and shall also be deemed to include, buses, bus shelters, benches, municipal garbage containers or other structures, located on a highway regardless of whether the shelters, containers or structures are owned by the City. Property owned by the City and leased to another person or entity shall not be deemed to be public property. Public Utility Pole means a pole owned or controlled by an entity which provides a municipal or public utility service, including but not limited to the City of Kingston, Kingston Hydro Corporation, Bell Canada, On Source, Hydro One; Road Allowance means the allowance for a public road and includes the traveled and untraveled portions of the road allowance, the road shoulders, ditches, boulevards and sidewalks. 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. No person shall locate erect, post, place or otherwise display an election sign within the limits of any road allowance within the limits of the City of Kingston, except in accordance with this by-law. 3. Timing of the Erection of Signs No election sign shall be erected or displayed prior to the issuance of writs for a provincial or federal election, or until the close of nominations for a municipal election. Council Meeting 2 January 17, 2013 121

Exhibit D Report 14-033 4. Highways under Provincial Jurisdiction Despite clause 2, this by-law shall not apply to any road allowances under the jurisdiction of the Ministry of Transportation including without limitation: (a) Highway 401; (b) Highway 33 from Collins Bay Road to Coronation Boulevard; and (c) Highway 15 north of Highway 401. 5. No Sign Permit, No Permit Fee Despite any other by-law of the municipality to the contrary, no fee shall be charged by the municipality and no permit shall be required in order to post an election sign in accordance with this by-law. 6. Set Back from Traveled Portion of Road Allowance No election sign shall be located within 2 metres (6.5 feet) of the traveled portion of a road allowance. 7. Sight Triangle Road Allowance No election sign shall be located within a sight triangle, as defined in this by-law. 8. Election Sign Placement Restrictions Except as expressly permitted by this by-law, no election sign shall be located, erected, posted, placed or otherwise displayed on the following; (a) (b) (c) (d) No election sign shall be placed on a public sidewalk or in such other location on, over or near a sidewalk so as to interfere with or obstruct normal pedestrian traffic; and No election sign shall be attached to any object or structure that is located within the limits of a road allowance, including but not limited to, a utility pole, light standard, traffic control sign or signal, guardrail or other form of traffic safety structure or facility, bridge, trestle, hydrant, fence, or tree; and No election sign shall be located on a median or island installed within the highway; and No election sign shall be erected in a voting place; and Council Meeting 2 January 17, 2013 122

Exhibit D Report 14-033 (e) No election sign shall be placed on public property. 9. Removal of Election Signs Placed on Restricted Areas Where an election sign has been affixed, erected or otherwise displayed in contravention of any provision of this by-law, or where an election sign located on or over municipal property interferes with municipal or public utility services, a Provincial Offences Officer or any other individual designated by the City Clerk may cause the sign to be removed immediately without notice and/or take any further action as provided within this by-law. 10. Removal of Election Signs All election signs shall be removed within seven (7) days of the day on which the election is held. 11. Offences (a) (b) Any person who contravenes the provisions set forth in this by-law is guilty of an offence, and upon conviction, is subject to a fine as provided for in the Provincial Offences Act and to any applicable penalties. No person shall obstruct or hinder or attempt to obstruct or hinder a Provincial Offences Officer or other authorized employee or agent of the City in the exercise of a power or the performance of a duty under this bylaw. 12. Severability Clause Where a court of competent jurisdiction declares any section or part of a section of the by-law invalid, it is the intention of Council that the remainder of the by-law shall continue in force unless the court makes an order to the contrary. 13. Effective Date This by-law shall come into force and take effect on the date of its passing. GIVEN ALL THREE READINGS AND PASSED XXXX JOHN BOLOGNONE CITY CLERK MARK GERRETSEN MAYOR Council Meeting 2 January 17, 2013 123