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TOWN OF DRUMHELLER
BYLAW NUMBER 13.21
A BYLAW OF THE TOWN OF DRUMHELLER IN THE PROVINCE OF ALBERTA FOR THE
REGULATION OF ELECTION SIGNAGE
WHEREAS Sections 7 and 8 of the Municipal Government Act, RSA 2000 Chapter M-26
authorizes Council of a municipality to pass bylaws for the safety, health and welfare of people
and the protection of people and property and for people, activities, and things in, on or near a
public place or place that is open to the public, which bylaws may regulate or prohibit, and
impose fines and penalties for infractions of the bylaws;
AND WHEREAS pursuant to Section 18 of the Municipal Government Act, RSA 2000 Chapter
M- 26 a municipality has the direction, control and management of all roads within the
municipality;
AND WHEREAS Section 13 of the Traffic Safety Act, RSA 2000 Chapter T-6, authorizes
Council of Drumheller to make bylaws with respect to a highway under its direction, control and
management which are not inconsistent with the Act;
NOW THEREFORE, the Municipal Council of the Town of Drumheller in the Province of Alberta
hereby enacts a Bylaw to regulate election signs within the Town of Drumheller.
1.0 SHORT TITLE
1.1
This Bylaw may be cited as the Town of Drumheller "Election Signage Bylaw"
2.0 DEFINITIONS
2.1
For the purposes of this Bylaw, all definitions and interpretations of the Traffic Safety Act
and Local Authorities Election Act and all subsequent regulations shall apply, unless
otherwise defined in this Bylaw.
2.2
"candidate" means a person officially nominated as a candidate at an Election and their
authorized agent;
2.3
"council" means the duly elected Council of the Town of Drumheller;
2.4
"court" means a Court of competent jurisdiction in the Province of Alberta;
2.5
"election" means a Federal, Provincial, Municipal or School Board general election or by-
election held pursuant to the Canada Elections Act, S.C 2000, Chapter 9, Elections Act,
R.S.A. 2000 Chapter E-1, or the Local Authorities Election Act, RSA 2000 Chapter L-21;
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Bylaw 13.21
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2.6
"election sign" means any free-standing sign connected with an Election including but
not limited to signs describing or promoting the Election process, a Candidate or a party
seeking Election, a referendum or plebiscite;
2.7
"Enforcement Officer" means a member of the Royal Canadian Mounted Police
(R.C.M.P.), a Community Peace Officer appointed by the Solicitor General of Alberta in
accordance with the Peace Officers Act R.S.A 2006 Chapter p-3.5, and a Bylaw
Enforcement Officer employed by the Town of Drumheller in accordance with the
Municipal Government Act;
2.8
"highway" means any thoroughfare, street, road, trail, avenue, parkway, viaduct, lane,
alley, square, bridge, causeway, trestleway or other place or any part of any of them,
whether publicly or privately owned, that the public is ordinarily entitled or permitted to
use for the passage or parking of vehicle, and includes:
(a)
a sidewalk, including a boulevard adjacent to the sidewalk;
(b)
if a ditch lies adjacent to and parallel to the roadway, the ditch and;
(c)
if a highway right of way is contained between fences or between a fence and
one side of the roadway, all the land between the fence and the edge of the
roadway as the case may be,
but does not include a place declared by regulation not to be a highway;
2.9
"Land Use Bylaw" Means the Town of Drumheller Land Use Bylaw 16.20, as amended
or replaced by Council from time to time;
2.10
"Municipal Government Act" means the Municipal Government Act, R.S.A 2000 Chapter
m-26, as amended, repealed or replaced;
2.11
"parkland" means any grassed, cultivated or otherwise improved land used for the
purposes of a playground or recreation area, any public park, parkway or square. This
definition shall not include golf courses.
2.12
"person" means any individual or corporate entity including firm, joint venture,
proprietorship, association, corporation, organization, partnership, company, society,
political party and any other legal entity;
2.13
"polling place" or "voting place" means the entire building where the Election voting will
occur and the property associated with the building.
2.14
"permanent sign" means a permanent sign approved by the Town of Drumheller in
accordance with the Land Use Bylaw and other applicable bylaws;
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Bylaw 13.21
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2.15
"portable sign" means a temporary sign approved by the Town of Drumheller in
accordance with the Land Use Bylaw or applicable bylaws;
2.16
"Provincial Offenses Procedure Act" means Provincial Offences Procedure Act, R.S.A
2000 Chapter P-34, as amended from time to time;
2.17
"provincial highway" means any highways or road that is subject to the direction and
management of the Province of Alberta by virtue of legislation including but not limited to
the Traffic Safety Act, R.S.A. 2000 Chapter T-6, the Highways Development and
Protection Act R.S.A. 2004 Chapter H-8.5, the Provincial Parks Act, R.S.A 2000 Chapter
P-35 and the Public Lands Act, R.S.A. 2000 Chapter P-40;
2.18
"returning officer" means a person appointed as a returning officer and includes a person
acting in the returning officer's place;
2.19
"sign owner" means the Candidate or Person having the use or major benefit of the
Election Sign;
2.20
"town" means the municipality of the Town of Drumheller.
2.21
"violation ticket" means a ticket issued pursuant to Part 2 of the Provincial Offense
Procedures Act, R.S.A. 2000 Chapter P-34, or as amended from time to time;
3.0 GENERAL PROHIBITIONS AND REQUIREMENTS
3.1
Excluding 3.5(f), this Bylaw is to be considered the sole authority in the Town.
3.2
Every Sign Owner shall ensure that Election Signs are designed, erected and installed in
accordance with the applicable Alberta legislation including but not limited to, the
Canadian Elections Act (Federal Elections), Election Act (Provincial Elections) and Local
Authorities Election Act (Municipal and School Board Elections), Alberta Transportation
and this Bylaw.
3.3
Federal, Provincial, Municipal or School Election signs may be posted only between:
(a)
12:00 noon on the day when an election is officially called and 3 days after the
closing of polling stations for the municipal and school elections; or
(b)
12:00 noon on the day when an election is officially called and 3 days after the
closing of polling stations for federal and provincial elections.
3.4
No person shall erect, cause or permit to be erected an Election sign on private property
without the property owner's consent;
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Bylaw 13.21
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3.5
Election Signs erected on private property must:
(a)
have permission of the property owner;
(b)
not exceed 1.0 sq. metres in sign area;
(c)
not exceed 1.2 metres in sign height;
(d)
be freestanding;
(e)
not present a safety hazard;
(f)
if signs are larger than prescribed in 3.5(b) or 3.5(c), be referred to the Town of
Drumheller's Development department for consideration of approval under the
provisions of the Town's Land Use Bylaw;
(g)
not resemble a ballot with a mark in favor of the candidates' name with the intent
to explain to the voters how to vote.
3.6
The following types of Election Signs shall not be allowed:
(a)
a sign that displays an intermittent flashing, rotating or moving light;
(b)
a sign that in any way imitates a standard or commonly used highway or Road
traffic sign;
(c)
a sign that is floodlit or backlit in such a manner as to cause interference to the
public or a neighbouring property;
(d)
a sign that has any moving or rotating parts; and
(e)
a sign that is inflatable.
3.7
Election Signs will not be placed on any Town of Drumheller owned or leased property,
occupied or not. These signs shall be removed.
3.8
No person shall at any time nail, tape, staple, tie or otherwise attach an Election Sign, or
cause and Election Sign to be nailed, taped, stapled, tied or otherwise attach to or upon
utility poles, light poles, utility boxes, trees, planters, benches, waste receptacles,
newspaper boxes, mailboxes or other similar fixtures;
3.9
No person shall erect, cause or permit to be erected an Election Sign in any place
(a)
that may obstruct or impede any exit routes or escape routes or impede free
access of emergency vehicles;
(b)
that may obstruct the view of any traffic signal, or sign;
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Bylaw 13.21
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(c)
resemble any regulated traffic sign or signal as defined in 3.6(b), or obstruct the
view of any person operating a vehicle which otherwise may pose a safety hazard;
3.10
No person shall at any time on any Election voting day (12:00 a.m. to 11:59 p.m.),
including those days when advance Election voting is held, erect, cause or permit to be
erected an Election Sign at any polling place or voting place or display a vehicle sign
within 50 metres at any Polling Place or Voting Place;
3.11
Any person placing or installing an Election Sign that penetrates the ground is expected
to know the location of underground utilities, which can be obtained from Alberta One
Call and that person is solely responsible for ensuring that no interference or damage is
caused to the underground utilities.
3.12
No person shall deface, remove or willfully cause damage to a lawfully erected Elections
sign;
3.13
The sign owner is responsible for ensuring all Election Signs are kept free from damage
and disrepair. Sign owners are responsible to remove any damaged or vandalized
Election Signs immediately;
3.14
The sign owner is liable for any and all damages, loss and expenses resulting from the
removal of any Election Sign which is installed or erected in breach of this Bylaw;
4.0 ENFORCEMENT
4.1
Where an Enforcement Officer has determined a sign poses a public safety risk, it shall
be removed immediately and notice given to the sign owner
4.2
Where an Enforcement Officer has determined that the Election Sign violates this Bylaw
they shall give notice to the sign owner to remove it. Where a Sign Owner has been
given notice to remove the Election Sign by an Enforcement Officer, the Sign Owner
shall remove the Election Sign with 24 hours of receiving the notice or such time period
as the Enforcement Officer may direct. Signs not removed within 24 hours of notice may
be removed by the Enforcement Officer.
4.3
The Town of Drumheller shall not be liable for any damage or loss of an Election Sign
that was erected or installed in contravention of this Bylaw or that was removed by an
Enforcement Officer on the basis that the Election Sign violated this bylaw or posed a
public safety risk;
4.4
This Bylaw does not apply to Provincial Highways. The placement of Election Signs in
Provincial Highways is regulated by Alberta Transportation.
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Bylaw 13.21
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5.0
OFFENCES AND PENALTIES
5.1
Any person who violates any provision of this Bylaw has committed an offence.
5.2
Each Election Sign in contravention of this Bylaw constitutes a separate violation for
which a violation ticket may be issued.
5.3
Where an Enforcement Officer has reasonable and probable grounds to believe that a
Person has violated any provision of this Bylaw, the Enforcement Officer may
commence Court proceeding against such Person by:
(a)
issuing a Person a Violation Ticket pursuant to the provisions of Part 3 of the
Provincial Offenses Procedure Act;
5.4
Where and Enforcement Officer issues a Person a Violation ticket in accordance with
section 5.2 of this bylaw, the Enforcement Officer may either:
(a)
allow the person to pay the specified penalty established in Schedule "A" for the
offence by including such minimum penalty in the Violation Ticket; or
(b)
require a Court appearance of the Person where the Enforcement Officer
believes that such appearance is in the public interest, pursuant to the provisions
of Part 3 of the Provincial Offenses Procedure Act.
5.5
No provision of this Bylaw nor any action taken pursuant to any provision of the Bylaw
shall in any way restrict, limit, prevent or preclude the Town of Drumheller from pursuing
any other remedy in relation to an offence, as may be provided by the Municipal
Government Act, or any other law of the Province of Alberta.
6.0
VICARIOUS LIABILITY
6.1
For the purpose of this bylaw, an act or omission by an employee or agent for a person
is deemed also to be an act or omission of the person if the act of omission occurred in
the course of the employee's employment with the person, or in the course of the agent
exercising the powers of or performing duties on behalf of the person under their agency
relationship.
7.0
SEVERABILITY
7.1
If a court of competent jurisdiction should declare any Section or Subsection of this
Bylaw to be invalid, that Section or Subsection shall be severed from the remainder of
the Bylaw, and the remaining provisions of this Bylaw shall continue to be valid and
enforceable.
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Bylaw 13.21
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8.0
TRANSITIONAL
8.1
Bylaw 13.21 shall come into full force and effect on the date of final passing.
READ THE FIRST TIME ON THE 21st DAY OF JUNE, 2021
READ THE SECOND TIME ON THE 28th DAY OF JUNE, 2021
READ THE THIRD TIME AND PASSED ON THE 28th DAY OF JUNE, 2021
The original document, duly signed and executed, is retained on file.
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Bylaw 13.21
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SCHEDULE "A" SCHEDULE OF FINES
The description used for each offense listed in this schedule exists solely for purposes of identifying
and referencing the particular offense listed in the Bylaw, and shall not be construed as limiting or
altering any provision or offence identified in the test of the Bylaw itself.
Specified Penalty Per Offence
Offense
Specified Penalty
First
$ 100
Second
$ 150.00
Subsequent
$ 250.00