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Bylaw No. 3161-2021

Election Sign Bylaw, 2021

Contents
 1 Definitions
 2 Interpretation
 3 General prohibitions and requirements
 4 Duration and size / height limits
 5 Placement on public property
 6 Placement on private property
 7 Hazardous placement
 8 Use of City of Abbotsford logo
 9 Enforcement
 10 Repeal
Schedule "A"
Schedule "B"

WHEREAS section 526 Regulation of signs of the Local Government Act, sections 8(4), section 65 of the Community Charter, and section 120 of the Motor Vehicle Act authorize council to regulate signs;

AND WHEREAS the City wishes to allow the use of election signs for political advertisement while preventing visual unsightliness and ensuring public safety;

NOW THEREFORE, the council of the City, enacts as follows:

Definitions

1   In this

"boulevard" has the same meaning as in the Street and Traffic Bylaw;

"building" has the same meaning as in the Sign Bylaw;

"candidate" means a person

(a) who is a candidate for election pursuant to the Local Government Act, School Act (BC), Election Act (BC), or Canada Elections Act, or

(b) represented as a candidate on an election sign, within the City;

"candidate representative" means a person who is appointed by a candidate as a candidate representative for the purposes of the Local Government Act, School Act (BC), Election Act (BC), or Canada Elections Act;

"centre median" means an area designated for the segregation of lanes of traffic on a roadway, designated either by lines or by landscaping;

"display" has the same meaning as in the Sign Bylaw;

"election sign" means a temporary display bearing lettering, symbols or pictures used to

(a) promote or oppose the election of a candidate,

(b) approve or disapprove of a course of action advocated by a candidate,

(c) promote or oppose a political organization or its program,

(d) approve or disapprove of a course of action advocated by a political organization,

(e) promote or oppose an issue that is the subject of a referendum, plebiscite, or other voting, or

(f) promote or oppose a recall or initiative campaign;

"general voting day" means polling day under the Canada Elections Act, or general voting day under the Local Government Act, School Act (BC) or Election Act (BC), whichever is applicable;

"grade" has the same meaning as in the Sign Bylaw;

"highway" has the same meaning as in the Street and Traffic Bylaw;

"island" means the area between traffic lanes for control of vehicle movement or pedestrian refuge;

"official mark" includes any City slogan, wordmark, phrase, tartan, coat of arms, or flag;

"park" has the same meaning as in the Parks Bylaw;

"person" includes a property owner, strata corporation, candidate, candidate representative, political organization, or any other person under the direction of such an individual or organization;

"place" means place, erect, affix or attach;

"political organization" means

(a) an "elector organization" within the meaning established in the Local Government Act,

(b) a "campaign organizer" within the meaning established in the Local Government Act,

(c) a "political party" within the meaning established in the Election Act (BC) or Canada Elections Act,

(d) any incorporated or unincorporated organization which promotes or opposes the election of a candidate,

(e) any incorporated or unincorporated organization which approves or disapproves of a course of action advocated by a candidate or another political organization,

(f) any incorporated or unincorporated organization which promotes or opposes an issue that is the subject of a referendum or plebiscite, or

(g) any incorporated or unincorporated organization which promotes or opposes a recall or initiative campaign;

"roadway structure" means a bridge, overpass, guardrail, retaining wall, fence, concrete barrier, fire hydrant, street light pole, utility pole and crosswalk pole;

"senior manager, bylaw services enforcement" means the senior manager responsible for bylaw services enforcement of the City, and includes a person acting under the authority of the senior manager;

"sidewalk" has the same meaning as in the Street and Traffic Bylaw;

"sign face" means the display area of an election sign on which lettering, symbols or pictures appear;

"structure" has the same meaning as in the Building Bylaw;

"third party sponsor" means "third party" under the Canada Election Act, or third party sponsor under the Local Elections Campaign Financing Act (BC);

"traffic control device" has the same meaning as in the Street and Traffic Bylaw.

Interpretation

2   The Interpretation Bylaw applies to this bylaw.

General prohibitions and requirements

3   (1) This bylaw applies only to election signs.

(2) Election signs are exempt from the Sign Bylaw, except as provided elsewhere in this bylaw.

(3) Election signs must be maintained so as to be clean and in a good state of repair.

(4) Candidates or political organizations posting their election signs must display their name and contact information in accordance with the applicable enactment.

(5) Third party sponsors are required to display the name and contact information of the sponsor on all election signs.

(6) Except as provided elsewhere in this bylaw, an election sign must not

(a) be located on a balcony or roof of a building,

(b) have attachments such as balloons, kites, an electronic message centre or inflatable devices, or

(c) be illuminated, electrified, animated, moving or flashing.

Duration and size / height limits

4   (1) A person must not place, or permit to be placed, an election sign on public or private property, except in relation to

(a) federal elections and by-elections, from the time the writ of election is issued until 7 days after general voting day,

(b) provincial elections and by-elections, from the time the writ of election is issued until 7 days after general voting day,

(c) local government and school elections and by-elections, from the first day of the nomination period until 7 days after general voting day,

(d) federal or provincial referenda or plebiscites, from the day that the text of the question is approved by the federal parliament or by the provincial legislature, as the case may be, until 7 days after general voting day,

(e) local government other voting, from the day that the text of the question is approved by council or a regional board by bylaw or by resolution, as the case may be, until 7 days after general voting day, and

(f) provincial recall or initiative campaigns, from the day that an application for recall or initiative is approved by the chief electoral officer for British Columbia until 7 days after the final disposition of the matter.

(2) A person must not place, or permit to be placed, on public or private property an election sign

(a) with more than 4 sign faces; lettering on both sides of a sign face is considered 2 sign faces,

(b) with a sign face exceeding 3.0 m2 in area, nor

(c) that exceeds 2.45 m in height, as measured from the grade of the site on which the election sign is placed to the top of the election sign or its supporting structure, whichever is greater (as generally shown on the diagram set out in Schedule "A").

Placement on public property

5   (1) A person must not place, or permit to be placed, an election sign on

(a) a City highway or right of way,

(b) a boulevard, centre median, island or sidewalk, or in a park,

(c) any roadway structure or traffic control device,

(d) a tree, bush, planter, waste or recycling receptacle, newspaper box, mail box, sign post, bridge or overpass structure, or in any garden, or

(e) any other City-owned property, including land, buildings, structures, and equipment.

(2) As an exception to subsection (1) (b), election signs may be erected on a boulevard immediately in front of a parcel used solely for residential purposes with the consent of the property owner, occupant, or the strata corporation in the case of a parcel containing strata lots.

(3) As an exception to subsection (1),election signs may be placed in the locations as set out in Schedule "B".

(4) A person must not place more than one election sign

(a) promoting or approving, or

(b) opposing or disapproving

a candidate, political organization, program, course of action, issue, or a recall or initiative campaign in each location set out in Schedule "B".

(5) For the purposes of subsection (1) (d), each freestanding sign is one election sign even if more than one freestanding sign is attached to another freestanding sign along a common edge.

Placement on private property

6   Election signs may not be placed on private property without the approval of the property owner or occupant, or the strata corporation in the case of a parcel containing strata lots.

Hazardous placement

7   A person must not place, or permit to be placed, on public or private property, an election sign

(a) that overhangs City-owned property,

(b) within 3 metres of a fire hydrant,

(c) except as otherwise provided for in Schedule "B", within 0.5 m of a sidewalk, in absence of a sidewalk within 3.0 m of a highway, or attached to a roadway structure or utility appurtenance,

(d) that obstructs, simulates or detracts from the visibility of regulatory Signs or other traffic control devices,

(e) that obstructs or otherwise interferes with sight lines or movement of motor vehicles, pedestrians, cyclists or any other highway traffic, or

(f) that obstructs the line of vision at an intersection between the height of 1.0 m and 3.0 m above the adjacent road elevation, within sight-triangles, over private property, measuring 3.0 m x 20.0 m (as shown on the diagram set out in Schedule "A").

Use of City of Abbotsford logo

8   Other than as authorized in writing by the City, no person is permitted to display on any election sign or other election advertising a logo, trademark or official mark, in whole or in part, owned or licensed by the City.

Enforcement

9   (1) Any election sign, advertising sign or poster which the senior manager, bylaw services has reasonable and probable grounds to believe is placed in contravention of this bylaw may be removed by the senior manager, bylaw services or by persons acting under the direction of the senior manager, bylaw services.

(2) Election signs removed pursuant to subsection (1) will be stored at a City facility and may be claimed by the candidate, candidate representative, or political organization, or a person authorized by the candidate, candidate representative or political organization.

(3) Election signs removed pursuant to subsection (1) and not claimed within 7 days after the period set out in section 5 (1) become the property of the City; and may be destroyed or otherwise disposed of by the City without notice to any person.

Repeal

10   Bylaw No. 2386-2015, "Election Sign Bylaw, 2015", and any and all amendments, are repealed.

READ A FIRST TIME on June 14, 2021 READ A SECOND TIME on June 14, 2021 READ A THIRD TIME on June 14, 2021 ADOPTED on June 28, 2021

Schedule "A"

Guide for Size and Location of Election Signs

Schedule "B"

Permitted Election Sign Locations

Election Signs Key Map Site

Site ES-01 – Fraser Highway west of Lefeuvre Road (see attached map)

Site ES-02 – Mt. Lehman Road south of Firecat Avenue (see attached map)

Site ES-03 – Blueridge Drive west of Ennsbrook Drive (see attached map)

Site ES-04 – Northeast side of the 3700-3800 Block of Clearbrook Road (adjacent City-owned green space) (see attached map)

Site ES-05 – Peardonville Road at Emerson Street (see attached map)

Site ES-06 – West side of the 3500 Block Gladwin Road (adjacent the park under the Hydro corridor) (see attached map)

Site ES-07 – Bevan Avenue at Ware Street (see attached map)

Site ES-08 – South Fraser Way east of McDougall Avenue (see attached map)

Site ES-09 – Elmwood Drive south of Hazelwood Avenue (see attached map)

Site ES-10 – South Fraser Way at Sumas Way (see attached map)

Site ES-11 – Old Yale Road at McMillan Road (see attached map)

Site ES-12 – Old Clayburn Road east of Vernon Terrace (see attached map)

Site ES-13 – Old Yale Road at Eagle Mountain Drive (see attached map)

Site ES-14 – Whatcom Road south of Westview Boulevard (see attached map)

Site ES-15 – North side of 36300-36400 Block of McKee Road (before Auguston development) (see attached map)

Election Signs Key Map