Item - 2014.LS30.1
Tracking Status
- City Council considered this item on August 25, 2014 and referred this item to an official or another committee or body. Consult the text of the decision for further information on the referral.
- This item was considered by Licensing and Standards Committee on August 18, 2014 and was adopted with amendments. It will be considered by City Council on August 25, 2014.
LS30.1 - Amendments to Chapter 693, Signs, Article II, Election Signs
- Decision Type:
- ACTION
- Status:
- Referred
- Wards:
- All
City Council Decision
City Council on August 25, 26, 27 and 28, 2014, referred Item LS30.1 back to the Licensing and Standards Committee for further consideration in the second quarter of 2015.
Public Notice Given
Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies, boards and commissions
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72506.pdf
Attachment 1 - Amendments to Chapter 693, Signs, Article II, Election Signs
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72527.pdf
Attachment 2 - Amendments to Chapter 441, Fees and Charges, Appendix C, Schedule 12
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72528.pdf
Attachment 3 - Summary of Jurisdictional Research
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72569.pdf
(August 18, 2014) Presentation from the Executive Director, Municipal Licensing and Standards on Amendments to Chapter 693, Signs, Article II, Election Signs
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72864.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-73028.pdf
(August 22, 2014) Supplementary report from the City Solicitor on Proposed Amendments to Chapter 693, Signs, Article II Election Signs (LS30.1b)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-73158.pdf
Confidential Attachment 1
Motions (City Council)
That City Council refer Item LS30.1 back to the Licensing and Standards Committee for further consideration in the second quarter of 2015.
Vote (Refer Item) Aug-25-2014 3:59 PM
Result: Carried | Majority Required - LS30.1 - Matlow - motion 1 - Refer the item |
---|---|
Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, David Shiner, Karen Stintz, Michael Thompson |
Total members that voted No: 3 | Members that voted No are Glenn De Baeremaeker, Gloria Lindsay Luby, Ron Moeser |
Total members that were Absent: 6 | Members that were absent are Michelle Berardinetti, Mike Del Grande, Giorgio Mammoliti, James Pasternak, Jaye Robinson, Kristyn Wong-Tam |
LS30.1 - Amendments to Chapter 693, Signs, Article II, Election Signs
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Public Notice Given
Committee Recommendations
The Licensing and Standards Committee recommends that:
1. City Council direct the Executive Director, Municipal Licensing and Standards to develop a policy on appropriate enforcement actions for multiple violations under the Provincial Offences Act for violations of Toronto Municipal Code Chapter 693, Signs, Article II, Election Signs.
2. City Council amend Toronto Municipal Code Chapter 693, Signs to provide that election signs may be erected/displayed for federal, provincial and municipal elections, 14 days prior to election day.
3. City Council amend Appendix C – Schedule 12 of Toronto Municipal Code, Chapter 441, Fees and Charges, by:
a. deleting the $250.00 Removal and Storage Fee for improperly displaying elections; and
b. adding a $125.00 Removal and Storage Fee for improperly displaying election signs during the Election Sign Period.
4. City Council amend Toronto Municipal Code Chapter 693, Signs by:
a. adding a new subsection D in Section 693-6 – General Requirements, as follows:
§ 69 § 693-6. General requirements.
D. No person or his or her agent shall erect, attach, place, display or permit the erection, attachment, placement or display of an election sign on public or private property unless:
(1) The candidate to whom the sign relates has paid the fee set out in Chapter 441, Fees and Charges, for the service of removal and storage of improperly displayed election signs during the Election Sign Period; or
(2) The person has paid the per sign fee set out in Chapter 441, Fees and Charges, for the service of the administration, review, inspection and enforcement of improperly displayed election signs during the Election Sign Period.
b. replacing subsections B(1) and (2) in Section 693-10 – Removal of Unlawful Election Signs with the following:
§ 693-10. Removal of unlawful election signs.
B. Costs for removal and storage of signs.
(1) If an election sign is removed for being erected or displayed in violation of this article outside of the Election Sign Period, in addition to any fine or other penalty which may be imposed for an offence under this article, the candidate to whom the sign relates will be charged the fee for removal and storage of improperly displayed election signs prior to or after the Election Sign Period, as set out in Chapter 441, Fees and Charges;
(2) If a candidate has not paid the fee described in § 693-6D, and an election sign is removed for being erected or displayed in violation of this article during the Election Sign Period, in addition to any fine or other penalty which may be imposed for an offence under this article, the candidate to whom the sign relates will be charged the fee for removal and storage of improperly displayed election signs during the Election Sign Period, as set out in Chapter 441, Fees and Charges.
5. City Council approve amendments to Toronto Municipal Code, Chapter 693, Signs, Article II, Election Signs, substantially in accordance with the administrative design contained in Attachment 1, as amended, in the report (August 1, 2014) from the Executive Director, Municipal Licensing and Standards.
6. City Council approve amendments to Appendix C, Schedule 12, of Toronto Municipal Code, Chapter 441, Fees and Charges, substantially in accordance with the administrative design contained in Attachment 2, as amended, in the report (August 1, 2014) from the Executive Director, Municipal Licensing and Standards.
7. City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the above recommendations, subject to such stylistic and technical changes as may be required.
Decision Advice and Other Information
The Licensing and Standards Committee requested the Executive Director, Municipal Licensing and Standards to submit a report to City Council on corners and right-of-way issues.
The Executive Director, Municipal Licensing and Standards Division, gave a presentation.
Origin
Summary
This report responds to direction from the Licensing and Standards Committee at its meeting of May 26, 2014, which requested a review of the current by-law governing election signs, including a scan of other municipalities. This review has identified a number of recommended amendments to Chapter 693, Signs, Article II, Election Signs, which will address concerns previously raised by the Ombudsman and the Auditor General and will further address a number of administrative challenges experienced with the current by-law.
The proposed amendments include changes to the time period for which election signs may be erected or displayed; where election signs may be placed; fees, removal and storage of seized election signs; the waiver of fees/affidavits process; and the acceptable methods of payment for amounts owed to the City for election sign-related charges.
City Clerk's Office and Legal Services were consulted in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72506.pdf
Attachment 1 - Amendments to Chapter 693, Signs, Article II, Election Signs
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72527.pdf
Attachment 2 - Amendments to Chapter 441, Fees and Charges, Appendix C, Schedule 12
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72528.pdf
Attachment 3 - Summary of Jurisdictional Research
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72569.pdf
(August 18, 2014) Presentation from the Executive Director, Municipal Licensing and Standards on Amendments to Chapter 693, Signs, Article II, Election Signs
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72864.pdf
Speakers
Alan Kasperski, Green Party of Toronto
Leanne Hicks
Annette Hutcheon
Councillor Frances Nunziata
Councillor Chin Lee
Councillor Paula Fletcher
Motions
That the Executive Director, Municipal Licensing and Standards be requested to develop a policy on appropriate enforcement actions for multiple violations under the Provincial Offences Act for violations of Chapter 693, Signs, Article II, Election Signs.
That City Council amend Chapter 693, Signs, Article II, Election Signs, by deleting section 693-7D, Regulation for Signs on street installation and all references to street installation dedicated advertising spaces in the by-law.
That City Council amend Chapter 693, Signs so that the $250.00 non-refundable fee for erecting/displaying signs on public and private property be refundable as per the previous by-law during the Election Sign Period.
That the Executive Director, Municipal Licensing and Standards be requested to report to City Council on corners and right-of-way issues.
That the Licensing and Standards Committee recommend that City Council amend Chapter 693, Signs to provide that election signs may be erected/displayed for federal, provincial and municipal elections, 14 days prior to election day.
That Appendix C - Schedule 12 of Chapter 441, Fees and Charges be amended by:
- deleting the $250.00 Removal and Storage fee for improperly displaying elections and adding a $125.00 Removal and Storage Fee for improperly displaying election signs during the Election Sign Period.
That the Licensing and Standards Committee recommend that City Council amend Chapter 693, Signs by replacing these sections as follows:
§ 693-6. General requirements.
D. No person or his or her agent shall erect, attach, place, display or permit the erection, attachment, placement or display of an election sign on public or private property unless:
(1) The candidate to whom the sign relates has paid the fee set out in Chapter 441, Fees and Charges, for the service of removal and storage of improperly displayed election signs during the Election Sign Period; or
(2) The person has paid the per sign fee set out in Chapter 441, Fees and Charges, for the service of the administration, review, inspection and enforcement of improperly displayed election signs during the Election Sign Period.
§ 693-10. Removal of unlawful election signs.
B. Costs for removal and storage of signs.
(1) If an election sign is removed for being erected or displayed in violation of this article outside of the Election Sign Period, in addition to any fine or other penalty which may be imposed for an offence under this article, the candidate to whom the sign relates will be charged the fee for removal and storage of improperly displayed election signs prior to or after the Election Sign Period, as set out in Chapter 441, Fees and Charges;
(2) If a candidate has not paid the fee described in § 693-6D, and an election sign is removed for being erected or displayed in violation of this article during the Election Sign Period, in addition to any fine or other penalty which may be imposed for an offence under this article, the candidate to whom the sign relates will be charged the fee for removal and storage of improperly displayed election signs during the Election Sign Period, as set out in Chapter 441, Fees and Charges.