Attachment 3: Wiser Projects Rezoning Rationale Letter

TOWN OF VIEW ROYAL

DRAFT BYLAW NO. 1075

A BYLAW TO AMEND ELECTION PROCEDURES BYLAW NO. 989, 2018

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as “Election Procedures Bylaw No. 989, 2018, Amendment Bylaw No. 1075, 2022”.

2. Election Procedures Bylaw No. 989, 2018 is hereby amended as follows:

   a.) By adding the following definitions:

   “Election Sign” means a sign used to promote the campaign activities or the cause of any individual or organization or to encourage or discourage any person to vote in any manner at a federal, provincial, or local government election or other similar type of voting event;

   “Large Sign” means an Election Sign with each sign face that does not exceed 1.22 metres by 1.22 metres (four (4) feet by four (4) feet) and having a height that does not exceed 2.45 metres (eight (8) feet) as measured from the grade of the site on which it is placed to the top of the sign or its supporting structure, whichever is greater;

   “Public Land” means all Streets, parks, or any other real property owned, held, or vested in the Town;

   “Roadway” means the portion of a Street that is constructed, improved, designed, or used for vehicular traffic or cycle traffic or both;

   

   “Small Sign” means an Election Sign with each sign face that does not exceed 0.61 metres by 0.61 metres (two (2) feet by two (2) feet) and having a height that does not exceed 1.1 metres (3.6 feet) as measured from the grade of the site on which it is placed to the top of the sign or its supporting structure, whichever is greater;

   “Street” means every road, lane, bridge, road allowance, right of way open to public use, and includes the Roadway, Shoulder, Boulevard, Ditch and Sidewalk, but does not include a private right of way on private property;

   

   b.) By adding the following new Sections 9 and 10 immediately following Section 8 “Order of Names on Ballot”:

   “9. ELECTION SIGNS

   9.1 General Regulations

   9.1.1 A person must not place or permit to be placed an Election Sign on either Public Land or private property:

   a.) except in relation to a federal, provincial, or local government election or similar type of voting event, including but not limited to by-elections, referenda, plebiscites, and recall or initiative campaigns;

   b.) any sooner than thirty (30) days before the last voting day;

   c.) that is illuminated, animated, rotating, flashing, or has moving lights or other electrical features;

   d.) that has attachments such as balloons, kites, an electronic message centre or inflatable devices;

   e.) that obstructs, simulates, or detracts from the visibility of regulatory signs or other traffic control devices;

   f.) that interferes with traffic sightlines at Street intersections;

   g.) that interferes with the safety of Roadway users;

   h.) with more than two (2) sign faces or sides;

   i.) within 0.61 metres (two (2) feet) from the Roadway; and

   j.) within five (5) metres (16.4 feet) of a fire hydrant;

   9.1.2 A person must not place or permit to be placed an Election Sign on any vehicle or trailer attached to a vehicle.

   9.1.3 Elections Signs must be placed and removed in a manner so as not to damage Public Land or infrastructure.

   9.1.4 Each candidate, elector organization, or third party advertising sponsor is responsible for the cost of repair of any damage to Public Land or infrastructure that occurs in the course of placing and removing their Election Signs.

   9.1.5 Election Signs must be self-supporting.

   9.1.6 Any supporting structures used for the placement of Elections Signs must be no deeper than 0.3 metres (one (1) foot) below grade.

   9.1.7 Election Signs must be removed within forty-eight (48) hours after the last day of voting for which the signs relate.

   9.2 Public Land – Election Sign Zones

   9.2.1 Election Signs are not permitted anywhere on Public Land or Town-owned equipment, buildings, structures, and appurtenances thereto except for the areas within the nine Sign Zones identified in Schedule “A” to this Bylaw and with the following conditions:

   a.) A candidate, elector organization or third party advertising sponsor may place up to one (1) Large Sign in a large sign area to a maximum of five (5) signs in the Town.

   b.) A candidate, elector organization or third party advertising sponsor may place up to three Small Signs in each zone to a maximum of twenty-seven (27) signs in the Town.

   9.3 Private Property

   9.3.1 The placement of Election Signs is permitted on private property with the consent of the owner or occupant of the property.

   9.3.2 Election Signs placed pursuant to subsection 9.3.1 must not overhang Public Land.

   9.4 Provincial Highway Rights-of Way

   9.4.1 This Bylaw does not apply to Provincial highways rights-of-ways. Election Signs located within Provincial highway rights-of-way are governed by the requirements of the Provincial Government Ministry responsible for the administration of the Transportation Act.

   9.5 Removal

   9.5.1 The Chief Election Officer, or any person acting under the Chief Election Officer’s direction, may remove any election sign that the Chief Election Officer, or any person acting under the Chief Election Officer’s direction, has reasonable grounds to believe is erected, or in place, in contravention of this Bylaw or other enactment.

   9.5.2 Election Signs that have been removed in accordance with subsection 9.5.1 will be stored for a period of one week after general voting day and the candidate or their agent may claim the sign(s) during that period, following which the material may be destroyed or otherwise disposed of by the Chief Election Officer or any person acting under the Chief Election Officer’s direction without notice and without compensation to the owner of the sign.

   10. USE OF TOWN OF VIEW ROYAL LOGO

   Except as authorized in writing by the Town, no person is permitted to display on an Election Sign or other election advertising a logo, trademark, or official mark, in whole or in part, owned or licensed by the Town.

   c.) By renumbering Sections 9 and 10 to Sections 11 and 12; and

   d.) By adding the attached schedule:

   Schedule “A” – Permitted Election Sign Zones on Public Property

READ A FIRST TIME THIS ______ DAY OF ______, 2022.

READ A SECOND TIME THIS ______ DAY OF ______, 2022.

READ A THIRD TIME THIS ______ DAY OF ______, 2022.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS ______ DAY OF ______, 2022.

_______________________________________
MAYOR

_______________________________________
CORPORATE OFFICER