Item - 2015.PG1.2

Tracking Status

PG1.2 - Enforcement Strategy for Chapter 694, Signs, General of the Municipal Code

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on February 10 and 11, 2015, adopted the following:

 

1.         City Council amend the City of Toronto Municipal Code Chapter 694, Signs, General, substantially in accordance with the draft amendments attached as Appendix 1 to the report (December 8, 2014) from the Chief Building Official and Executive Director, Toronto Building. 

 

2.         City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement Council's decision, subject to such stylistic and technical changes to the draft bills as may be required.

Public Notice Given

Background Information (Committee)

(December 8, 2014) Report from the Chief Building Official and Executive Director, Toronto Building on Enforcement Strategy for Chapter 694 of the Municipal Code
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-74366.pdf
(December 8, 2014) Appendix A - Proposed Amendments to Chapter 694, Signs, General
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-74367.pdf
Public Notice
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-74457.pdf

Communications (Committee)

(January 7, 2015) E-mail from Karin Sildam Eaton, Director, Government Relations, Sign Association of Canada (PG.New.PG1.2.1)
https://www.toronto.ca/legdocs/mmis/2015/pg/comm/communicationfile-50575.pdf
(January 8, 2015) Letter from Michael Binetti, Affleck Green McMurtry, LLP, on behalf of Clear Channel Outdoor Company Canada (PG.New.PG1.2.2)
https://www.toronto.ca/legdocs/mmis/2015/pg/comm/communicationfile-50577.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Feb-11-2015 9:51 AM

Result: Carried Majority Required - PG1.2 - Adopt the item
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Maria Augimeri, Michelle Berardinetti, Raymond Cho, Josh Colle, Vincent Crisanti, John Filion, Paula Fletcher, Chin Lee, Giorgio Mammoliti, Anthony Perruzza, Jaye Robinson

PG1.2 - Enforcement Strategy for Chapter 694, Signs, General of the Municipal Code

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council amend the City of Toronto Municipal Code Chapter 694, Signs, General, substantially in accordance with the draft amendments attached as Appendix 1 of the report (December 8, 2014) from the Chief Building Official and Executive Director, Toronto Building; 

 

2.         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 to the draft bills as may be required.

Decision Advice and Other Information

The Planning and Growth Management Committee:

 

1.  Requested the Chief Building Official and Executive Director, Toronto Building to report to the Planning and Growth Management Committee in the Spring of 2017 with an update on ongoing Chapter 694 Enforcement efforts.

 

2.  Referred the following Recommendation 2 of the report (December 8, 2014) from the Chief Building Official and Executive Director, Toronto Building back for further consideration and consultation with stakeholders and members of the public:

 

"2.  City Council request that the Province of Ontario amend the City of Toronto Act, 2006 to remove the limitation contained in Subsection 110(1) that a City by-law respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force unless the advertising device is not substantially altered".

 

3. Requested the Chief Building Official and Executive Director, Toronto Building to report back to the Planning and Growth Management Committee on April 13, 2015 with respect to:

 

a. Requesting that the Province of Ontario amend the City of Toronto Act, 2006 to remove the limitation contained in Subsection 110(1).

 

b. Recommendations on how the city should address existing non-conforming signs should Subsection 110(1) of the City of Toronto Act be repealed, or otherwise amended.

 

4.  Requested Chief Building Official and Executive Director, Toronto Building to use all available measures to enforce the City Sign by-law in the "North York Study Area" and report to the Planning and Growth Management Committee meeting on April 13, 2015.

 

5.  Requested the Chief Building Official and Executive Director, Toronto Building to report back to the Planning and Growth Management Committee on February 24, 2015 on whether adequate resources have been budgeted in 2015 to enforce the City's sign by-laws.

Origin

(December 8, 2014) Report from the Chief Building Official and Executive Director, Toronto Building

Summary

This report responds to direction for staff to report back to the Planning and Growth Management Committee on a strategy to improve the enforcement of Chapter 694 of the Municipal Code, Signs, General ("Chapter 694").

 

The direction related to a perceived increase in the number of illegal signs in some areas of the city, the majority of which are used to identify and advertise a business at the premise where the sign is located.  These signs are defined by Chapter 694 as first party signs. Investigations indicate that a significant proportion are being displayed or modified without a sign permit.

 

Staff have found that many business owners in the city are not aware of Chapter 694 and the need for sign permits.  Based on experience in enforcing the regulations, most business owners seem willing to comply with Chapter 694 and either obtain the necessary sign permits or remove the sign once they are aware of the requirements.  As a result, this report recommends a combination of measures to enhance communications with business owners and to provide a more effective enforcement response to illegal signs.

 

This report also recommends that City Council request the Province to amend the City of Toronto Act, 2006 to remove the limitation in Subsection 110(1) preventing the application of Chapter 694 to signs lawfully displayed on the day the bylaw comes into force.  This amendment would result in much more consistency with the current regulations, for all signs in the city.

Background Information

(December 8, 2014) Report from the Chief Building Official and Executive Director, Toronto Building on Enforcement Strategy for Chapter 694 of the Municipal Code
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-74366.pdf
(December 8, 2014) Appendix A - Proposed Amendments to Chapter 694, Signs, General
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-74367.pdf
Public Notice
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-74457.pdf

Communications

(January 7, 2015) E-mail from Karin Sildam Eaton, Director, Government Relations, Sign Association of Canada (PG.New.PG1.2.1)
https://www.toronto.ca/legdocs/mmis/2015/pg/comm/communicationfile-50575.pdf
(January 8, 2015) Letter from Michael Binetti, Affleck Green McMurtry, LLP, on behalf of Clear Channel Outdoor Company Canada (PG.New.PG1.2.2)
https://www.toronto.ca/legdocs/mmis/2015/pg/comm/communicationfile-50577.pdf

Speakers

Patrick Harrington, Aird & Berlis, LLP
Stephen McGregor, Outfront Media Canada
Rosanne Caron, President, Out-of-Home Marketing Association of Canada
Karin Eaton, Director, Government Relations, Sign Association of Canada

Motions

1 - Motion to Amend Item moved by Councillor David Shiner (Carried)

That the Planning and Growth Management Committee:

 

1.    Adopt recommendations 1, 3, and 4 contained in the staff report;

 

2.    Refer Recommendation 2 back to the Chief Building Official and Executive Director, Toronto Building for further consideration and consultation; and,

 

3.    Request the Chief Building Official and Executive Director, Toronto Building to report back to the Planning and Growth Management Committee in Spring of 2015 with respect to:

 

a.    Requesting that the Province of Ontario amend the City of Toronto Act, 2006 to remove the limitation contained in Subsection 110(1)

 

b.    Recommendations on how the city should address existing non-conforming signs should Subsection 110(1) of the City of Toronto Act be repealed, or otherwise amended.


2 - Motion to Amend Motion moved by Councillor John Filion (Carried)

That Councillor Shiner's motion 1 be amended by:

 

1.  Adding to recommendation 2 of this motion "with stakeholders and members of the public" following "consultation".

 

2.  Replacing "in Spring of" in recommendation 3 of this motion with "on April 13,".


3 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That:

 

1.  Staff report back to the Planning and Growth Management Committee on February 24, 2015 on whether adequate resources have been budgeted in 2015 to enforce the City's sign by-laws.

 

2. Staff use all available measures to enforce the City Sign by-law in the "North York Study Area" and report to the Planning and Growth Management Committee meeting on April 13, 2015.


4 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council