Sign By-law No. 2010-44

Cramahe, Ontario

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1 THE CORPORATION OF THE TOWNSHIP OF CRAMAHE BY-LAW NUMBER 2010-44 BEING A BY-LAW FOR PROHIBITING AND REGULATING SIGNS AND OTHER ADVERTISING DEVICES. WHEREAS the Municipal Act, R.S.O. 2001, M.45 Section 10(2) provides that by-laws may be passed by the council of a municipality respecting structures, including signs, AND WHEREAS the Municipal Act, R.S.O. 1990, M.45 Section 99(1) provides that a sign by-law enacted does not apply to signs lawfully erected prior to the passage of the by-law, AND WHEREAS the Municipal Act, R.S.O. 1990, M.45 Section 99(2) provides for cost recovery by a municipality for the removal, care and storage of a sign erected in contravention of a by-law under the Repair and Storage Liens Act. 2006, c.32, Schedule A, s.39., AND WHEREAS the Municipal Act, R.S.O. 1990, M.45 Section 99(3) provides for cost recovery of disposal costs incurred by the municipality as a debt owed by the owner of the device. AND WHEREAS the Council for the Corporation of the Township of Cramahe deems it expedient to pass a by-law, NOW THEREFORE the Council for the Corporation of the Township of Cramahe HEREBY ENACTS the following: 1. For the purpose of this by-law, the following definitions shall apply: Accommodation sign means a ground sign or wall sign located on a lot for the purpose of indicating the availability of rental or lease accommodation on such lot. Alter means to change any one or more of the external dimensions of a structure, or to change the type of construction of such structure, or to change the location of such structure. Banner sign means a sign made of cloth or other like material By-Law means the Corporation of the Township of Cramahe Sign By-Law Chief Building Official means the person appointed by the Township of Cramahe as its Chief Building Official pursuant to the Ontario Building Code Act, R.S.O. 1990, B.13. Community service sign means a temporary sign for the purpose of announcing a community function or event sponsored by a non-profit organization. Directional sign means a sign designed solely for the purpose of directing and regulating pedestrian or vehicular traffic in a safe and controlled manner on private or public lands. Election sign means a temporary sign related to an election of candidates for an office of the Municipality, a local school board, the Province of Ontario or the Dominion of Canada Erect means the setting up, building, constructing, reconstructing and relocating, and without limiting the generality of the work, also includes: any preliminary physical operation such as excavating, filling or drainage, altering any existing building or structure by an addition, enlargement, extension, relocation or other structural change, any work for the undertaking of which a building permit is required under the building by-law or the Building Code Act and Regulations passed, as amended. Fascia sign means any sign or display attached to or painted across the exterior surfaces of a building or any part thereof. Free standing sign means a permanent type of sign which is supported by one or more columns, uprights or braces in or upon the ground for the sole purpose of supporting the sign and which is not attached to any building or structure but shall exclude a Portable Sign, Real Estate Development Sign and/or Sandwich board sign as herein described. Ground sign means any sign permanently affixed to the ground by one or more self- supporting poles, uprights, trees or braces, or supported by, or painted on a fence or free standing masonry structure. Group identification sign means a ground sign located on a lot in a Commercial or Industrial Zone for the purpose of indicating names of the occupants and/or the use of the lots adjoining such lot. By-law 2010-44 2 Height, when used with reference to a structure, means the vertical distance between the finished grade and the highest point of such structure. Illuminated sign means a sign in which a source of light is used in order to make readable the message including internally and externally lighted signs and reflectorized, glowing and radiating sign. Incidental sign means numerical street numbers, or any sign less than 0.1 square metre that is solely connected with a festive or religious occasion or public holiday, or signs that are an integral part of equipment or machinery. Identification sign means a ground sign or wall sign which is located on a structure or lot for the purpose of indicating the occupant's name and/or address the use of such structure or lot. Inflatable sign means a sign designed to be airborne and tethered to the ground, a vehicle or other structure, and shall include balloons. For the purpose of this by-law, and Inflatable sign shall be deemed to be a mobile sign. Lot means the total horizontal area or land described within a registered deed or other document legally describing the property limits of such lands. Mobile sign means a sign mounted on or connected to a trailer or other type of structure which is not permanently anchored in the ground and is designed in such a manner so as to facilitate its movement from place to place for the purpose of advertising special event, whether commercial or otherwise, on a temporary basis including Inflatable signs, but shall not include a Sandwich Board sign or Real Estate Development sign. Municipality shall mean the Corporation of the Township of Cramahe. Overhanging sign means any sign (other than a wall sign which is permanently affixed to a wall or canopy of any structure to which such sign is accessory) not parallel with the surface of the building or structure to which the sign is directly attached and which projects there from more that fifty (50) cm. Permit means a permit issued under the provisions of this by-law for the erection, alteration or use of a sign. Permitted means permitted by this by-law. Person means any human being, association, firm, partnership, corporation, agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Prohibition sign means a ground sign or a wall sign located on a lot for the purpose of indicating that certain activities such as fishing, hunting or trespassing are prohibited on such lot. Promotion sign means any temporary sign located on a lot for the purpose of announcing a business opening, a sale or other such event on such lot. Real Estate development sign means a sign used by real estate companies, developers and other persons having an interest in the sale of land and/or buildings to direct prospective customers to a development or developments. Sandwich board sign means a sign that is erected or placed on, but not permanently anchored in the ground, with a copy on either or both sides and have a maximum size of 1.1 square metres on each side. Sight triangle means the sight triangle as described in the Zoning By-Law. Sign means a structure or advertising device having illustrations affixed thereto or displayed thereon in any manner, which is used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, profession, enterprise, industry or business, or which display or include any letter, work, model number, banner, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement. Sign structure means those parts of a sign consisting of the supports or framework for the support of the sign. Street means a highway as defined in the Municipal Act and the Highway Traffic Act, which affords the principal means of access to abutting lots and does not include a lane or private right-of-way. By-law 2010-44 3 Street line means the limit of the street or road allowance and is the dividing line between a lot or block and street or roads. Temporary sign means any sign used to advertise an activity or event that is transitory or impermanent in nature. Use means, when used as a noun, the purpose for which a lot or building or structure, or any combination thereof, is designed, arranged, occupied or maintained and when used as a verb, "used" shall have corresponding meaning. Wall sign means a sign that is painted on or permanently affixed to a wall or canopy of a structure and projecting less than fifty (50) cm. Zone means a designated area of land use as shown in the Zoning By-Law. Zoning By-Law means any Zoning By-Law of the former Village of Colborne and the Township of Cramahe. 2. APPLICATIONS All applications for permits pursuant to the provisions of this By-Law shall be made to the Chief Building Official (hereafter referred to as the CBO) and the CBO shall be entitled to refuse to issue a permit for any sign or other advertising device that, if erected, displayed, altered or repaired, would be contrary to the provisions of any by-law of the Municipality, including the provisions of this by-law. In addition to such other information as the CBO may require, an application for a permit pursuant to this by-law shall contain: a) A scaled plan, showing the street line(s) and other boundaries of the property upon which it is proposed to erect the sign and the location of the sign upon the property and upon the lands and street immediately adjoining thereto; b) Complete plans and specifications covering the construction of the sign and its supporting framework including the sign structure; c) Drawings of, and such other information with respect to any buildings or structures upon which it is proposed to locate a sign, as may be necessary to determine whether the construction of such building or structure will carry the additional loads and stresses imposed thereon. Such drawings shall in all cases have marked clearly thereon the height of such building or structure. Manufacturers shop drawings and advertising brochures may provide sufficient information to meet the requirements of this section 3. INSURANCE An application for any sign which will be on or hang over public property shall be accompanied by a letter from an insurance company duly authorized to underwrite insurance in the Province of Ontario certifying to the Municipality that the owner of the sign has public liability and property damage insurance in the minimum amount of one million dollars ($1,000,000) and that the Municipality is shown as named insured on the policy. The letter shall also certify that the policy provides that a minimum of thirty (30) days notice must be given to the Municipality prior to any alteration, revocation or termination of the said policy. In addition, the said owner shall provide to the CBO a written agreement to indemnify the Municipality (in a form and with wording satisfactory to the Municipality) against any and all action, causes of action, losses, damages, suits, judgments, orders, awards, claims, costs and demands. 4. EXISTING SIGNS Signs that are existing a the time of final passage of this by-law shall be considered to be "Grand fathered" with respect to conformity with this by-law provided the following conditions are met. Any existing signs not reported on or before the 30th day after this by-law has been passed shall be considered as new, and must conform to the requirements of Section 2. 5. APPLICABLE FEES Sign applications shall be accompanied by a one-time fee, (not annual), of one hundred and fifteen dollars ($115.00). 6. ISSUE OF PERMIT When requirements of the by-law have been complied with and the CBO approves the application and all plans and drawings therewith, and when the applicable fees have been paid, the CBO shall issue a permit for the erection of the sign. By-law 2010-44 4 7. GENERAL a) No person shall cause or permit to be erected, placed, displayed, maintained, altered or repaired, any type of sign unless a permit has been obtained therefore in accordance with the provisions of this by-law. b) The provisions of this by-law shall NOT apply to: i) any signs, bills, posters or placards erected or placed by the Municipality; ii) signs erected on any street or highway by the Ministry of Transportation or by the Ontario Provincial Police for the regulation, control, information, protection and safety of the traveling public; iii) all signs in the interior of buildings, whether they can be seen from the outside or not, and window painted signs; iv) incidental signs; c) No sign of any kind shall be attached to or placed upon a building in such a manner so as to obstruct any door, window or fire escape or any window or door leading thereto, or any ventilating system, nor shall any sign be attached in any form, shape or manner to a fire escape. d) No sign shall be placed in such a position that any part of such sign, or the support thereof shall be nearer than 0.9 metres to any fire alarm, telephone, telegraph or other wire or conduit, carrying electric current without the written consent and approval of the person or Corporate body having jurisdiction over such wire or conduit. e) No banner, stringer, or advertising device shall be suspended across any street or any part thereof without the prior approval of the Council of the Municipality. f) Except for the Real Estate Development signs and Sandwich Board signs which have been authorized by this by-law, no sign other than Service Club, Charitable Organizations and/or First Aid signs shall be located on any Municipal street, square, footway, sidewalk or boulevard, and then only with the authorization of the Council of the Municipality. g) No person shall paint, print or impress any sign, notice or advertisement on any sidewalk on any street without having prior authority from the Council of the Municipality to do so. h) Directional Signs in any off-street parking area shall not exceed 1.1m2 in area or 2.4m in height. Directional signs shall be permitted in all zones in addition to other signs. Directional signs are solely for the purpose of directing pedestrians or vehicular traffic and shall not contain any other wording, symbol or design except as is necessary to direct pedestrians or vehicular traffic. i) The illuminating of any type of sign or other advertising device shall not be carried out by any means, including but without limiting to, the use of red, green or amber lighting by means of spot lights, when in the opinion of the CBO, after consultation with the community Policing Officer, such lighting is likely to cause confusion to motorists or when illumination of any sign or other advertising device is likely to cause annoyance to residents in the area. j) Notwithstanding anything in this by-law, no sign shall be erected, placed or displayed which could reasonably obstruct vision of the driver or a motor vehicle on a public street or driveway. k) Provided that a sign is otherwise permitted by the provisions of this by-law, a building having two exposures or more is permitted one fascia display on each exposure. l) No sign or other advertising device or structure shall extend on or over public property except for fascia displays authorized by this by-law, awnings authorized by this by-law and/or a marquee structure which existed on the date of the passing of this by-law m) 8. FASCIA SIGNS a) Where a fascia sign overhangs public property, the overhang shall not be more than 0.3 metres from the wall surface of the building to which it is attached. b) No sign or other advertising device (whether fascia or otherwise) shall be erected upon or attached to any building unless such building will carry the additional dead load or wind load due to the erection of such sign or advertising device and the CBO may require from the owner, certification by a qualified Professional Engineer as to the strength of the building to withstand the additional load. Fascia signs shall be securely fastened to a masonry wall by means of anchors, bolts, expansion screws or similar connectors. A fascia sign attached to a wall or wood may be anchored with wood blocks used in connection with screws and nails. A fascia sign shall not be supported entirely by an unbraced parapet wall. c) The clearance between the lowest portion of any fascia sign or part thereof and the surface below shall be not less than 3.0 metres unless otherwise permitted by the CBO. 9. ROOF SIGNS a) No sign shall be placed upon the roof of any building unless such sign is constructed with open wirework having the letters fastened to the open wirework and the frames, braces and other supports are of metal and the CBO is satisfied that the building, sign, structure and parts thereof are capable of supporting such applied load. No sign By-law 2010-44 5 constructed either wholly or partly of wood and/or supported on a framework constructed wholly or partly of wood shall be erected upon the roof of any building. b) The supports of a sign on a roof shall appear to be free of any extra bracing, angle iron, guy wires, cables, etc. The supports shall appear to be an architectural and integral part of the building. c) Subject to the overriding requirements of the Municipality's Zoning By-Law, no sign shall be erected to a height exceeding 4 meters above the roof of any building, such height to be measured from that portion of the roof immediately below the sign. d) Every sign erected upon the roof of any building shall be so located as to maintain a vertical space of at least 0.5 meters between the roof or parapet wall of such building and the bottom of such sign. 10. MOBILE SIGNS a) No person shall cause or permit to be placed or displayed, a mobile sign on any land within the municipal limits of the Municipality unless and until a permit has been obtained for same in accordance with the provisions of this by-law b) Notwithstanding the provisions of Section 16 of this by-law, a mobile sign, when authorized in accordance with the provisions of this by-law, shall be permitted in any zone within the limits of the Municipality in addition to any other permitted signs on such property provided that the mobile sign shall be located in accordance with the provisions of the Municipality's Zoning By-Law. c) A permit issued pursuant to the provisions of this by-law for a mobile sign shall be for a maximum period of eight (8) weeks per calendar year. d) A maximum of one mobile sign per lot shall be permitted at any one time. e) The maximum size of any mobile sign placed or displayed on any land within the municipal limits of the Municipality shall be 4.6m2 on each side PROVIDED THAT Inflatable signs shall not be regulated as to their size. f) A mobile sign shall be removed by the owner of the land upon which that sign is situate forthwith upon the expiration of the permit granted for such mobile sign, failing which the Municipality shall be entitled to remove such sign at the expense of the owner of such land and the provisions of Section 15 shall apply. 11. REAL ESTATE DEVELOPMENT SIGNS a) No person shall place or display or permit to be placed or displayed a Real Estate Development Sign on any land within the municipal limits of the Municipality unless a permit has been obtained for same in accordance with the provisions of this by-law. b) Notwithstanding anything in this by-law, no Real Estate Development sign shall be permitted within any "sight triangle" as prescribed by the Municipality Zoning By-Law. c) In addition to the provisions of this section, no person shall place or permit to be placed any Real Estate Development sign on public lands without complying with the provisions of Section 3 of this by-law. d) A Real Estate Development sign, when authorized in accordance with the provisions of this by-law, shall only be displayed on Friday, Saturday and/or Sunday of any week in any calendar year. In addition thereto, such signs may be displayed on statutory holidays. e) The Municipality shall be entitled, without prior notice to the owner of the said sign, to confiscate and remove any Real Estate Development sign, at the expense of the owner of such sign, which is displayed in contravention of the provisions of this by- law. f) A Real Estate Development sign, when authorized in accordance with the provisions of this by-law shall, subject to the provisions of this by-law be permitted within the municipal limits of the Municipality notwithstanding the provisions of Section 16 of this by-law g) The maximum sign of any Real Estate Development sign shall be 1.1m2 on each side and shall not exceed a height of 0.8 metres above existing ground measured at the base of the sign. 12. FREE STANDING SIGNS a) Free standing signs shall be constructed of non-combustible materials or pressure treated wood provided that the facings, letters, figures and structural trim may be made of approved combustible materials. b) Supports for free standing signs shall be located on private property only. c) Where supports for free standing signs are made of wood, such supports must be installed a minimum of 1.2 metres below ground level and he earth shall be well compacted around such supports. Where the supports for a free standing sign are made of a substance other than wood, such supports shall be set in concrete footings of sufficient size and weight to prevent the overturning of the sign. 13. OTHER TYPES OF SIGNS a) Notwithstanding the provisions of Section 16 of this by-law, one sign, not over 6m2 in total area and not illuminated, located not closer than 15.2 metres from any street line By-law 2010-44 6 or closer than 15.2 metres to a side or rear lot line, may be erected on the future site of an school, church, public, commercial or residential building, stating only the name of the building to be constructed on the lot and the contractor's name and address, and/or the sub-contractors, engineers, architects and other agents. Every such sign shall be removed from the property at the expiration of one year from the date of the issuance of a permit for such sign by the Council may, by resolution, grant an extension for a maximum of one additional year. b) One non-illuminated sign advertising a property for sale, rental, lease or sold may be erected on the property to be sold or leased not closer than 3.0 metres to any street line, and shall not exceed 0.6 m2 in area. If a building exists on the lot closer to than 3.0 metres to the street line, such sign shall then be flat to the surface of the building. No permit shall be required for any such sign but such sign shall be removed within thirty (30) days after the property is sold. c) Notwithstanding the provisions of Section 16 of this by-law, a sign may be erected within a subdivision property advertising lots or units for sale in that subdivision provided that the sign shall not exceed a total of 6m2 in area. Every such sign shall be placed not closer that 7.6 metres to any lot line. Every such sign shall be removed from the property at the expiration of one year from the date of the issuance of a permit for such sign but the Council may by resolution grant an extension for a maximum of one additional year. d) Notwithstanding the provisions of Section 16 of this by-law, election signs shall be permitted on private property provided the said signs do not obstruct or interfere with the vision of vehicular traffic. Municipal election signs will be permitted as of Nomination Day. Provincial and Federal election signs will be permitted as of the day the Writ is issued. All election signs shall be removed the day following the election. Election signs shall not be erected on Township property. No permit shall be required for election signs. e) Notwithstanding anything in this by-law, signs advertising yard sales, garage sales and/or open houses shall be permitted on private property only for a period not to exceed twelve consecutive hours provided that said signs do not obstruct or interfere with the vision of vehicular traffic. No permit shall be required for such signs. Such signs shall not measure more than 0.4 m2 in area for each side. 14. MAINTENANCE The owner of land, building or structures upon which a sign is located (except lands owned by the Municipality), shall be responsible to ensure that every such sign (together with the sign structure and component parts) is kept in good repair and in a safe condition at all times and is properly maintained so that the message contained thereon is complete and legible at all times. 15. REMOVAL OF SIGNS a) The CBO or such person or persons as is (are) authorized by the CBO is (are) hereby authorized to pull down or remove any sign or other advertising device that is erected or displayed in contravention of any of the provisions of this by-law, at the expense of the owner of such sign or other advertising device. b) The CBO may require, by written notice, any person who: i) has caused a sign or other advertising device to be erected, displayed, altered or repaired without first obtaining a permit to do so; or ii) having obtained a permit has caused a sign or other advertising device to be erected, displayed, altered or repaired contrary to the approved plans in respect of which the permit is issued, to make such sign or advertising device comply with this by-law on or before the date specified in such notice, which date shall be a minimum of ten (10) days from the date of requirements of such notice to the satisfaction of the CBO within the time frame specified in such notice, the CBO or such person or persons as is (are) authorized by the CBO shall be entitled to pull down or remove or arrange to pull down or remove such sign or advertising device at the expense of such person. c) The remedies of this Section shall be in addition to any other remedy available to the Municipality. d) Neither the CBO nor the Municipality nor any of it's employees, workmen or agents shall be liable for any damages whatsoever or howsoever caused to any sign or other advertising device which is pulled down or removed by or under the direction of the CBO. 16. ADDITIONAL SIGN REQUIREMENTS FOR DEFINED AREAS In addition to the other requirements of this by-law, the following provisions, restrictions and regulations shall apply in the zones hereinafter described. The references hereinafter contained to various zone categories shall mean the zone categories as contained in the Comprehensive Zoning By-Law for the former Village of Colborne, 94-09. By-law 2010-44 7 (1) Open Space and Environmental Conservation Zones In the Open Space and Environmental Conservation Zones the following signs only shall be permitted: a) Up to two (2) signs, either fascia or free standing, per lot. (2) Residential Zones In the Residential Zones the following signs only shall be permitted: a) One non-illuminated or illuminated sign, either fascia or free standing, per lot, not exceeding 0.2m2 in area, 1.4 m2 in area for an multiple unit building, and located not closer than 3 metres to the street line, such sign shall then be flat to the exterior surface of the building. b) One non-illuminated freestanding sign per lot not exceeding 0.2 m2 in area indicating "No Trespassing". c) One non-illuminated free standing sign per lot not exceeding 0.2 m2 in area, advertising vacancy, boarding or lodging in the building on the lot where such sign is located. d) Up to two (2) non-illuminated or illuminated fascia signs not exceeding 1.1 m2 in area, indicating the name of the Public or Institutional use of the lot where applicable. (3) Institutional Zone In the Institutional Zone, the following signs only shall be permitted: a) One non-illuminated sign, either fascia or free standing per lot, indicating the name of the owner or occupant of the building or lot and/or the use of the building on the lot; and b) On church property, on church bulletin board not exceeding 1.9 m2 in area and located not closer than 3.0 metres to any street line. (4) Commercial Zone In addition to the other permitted signs in Commercial Zones, stationary awnings are permitted in all Commercial Zones and may contain one sign identifying the business on the lot. Stationary awnings may project a maximum of 0.76 metres over any public street and shall be a minimum of 2.1 metres above the grade of the land immediately below such awning. In Commercial Zones, the following signs only shall be permitted: a) One non-illuminated or illuminated fascia sign per store or shop indicating the name of the store or shop and/or the use of the store or shop; b) Sandwich Board signs shall be permitted in Commercial Zones provided that the following conditions are met: i) Proof of Insurance as per Section 3 has been provided to the Municipality; and ii) A maximum of one Sandwich Board Sign per business is permitted iii) The Maximum size of a Sandwich Board Sign is .5 m2 in area on each side; and iv) The location of the Sandwich Board sign is restricted to an area within 0.6 meters of the front of the building in which the business is located or on a boulevard adjacent to such business. If a Sandwich Board Sign is to be located on a boulevard, it shall not be located within any sight triangle as prescribed by the Municipality's Zoning By-Law nor shall it be greater than 0.9 meters in height above the existing ground level of the boulevard measured at the base of the sign. c) Notwithstanding the foregoing provisions of Section 16 (4)(a)(b), in the Commercial Zones, the maximum number of signs (whether stationary awnings, fascia display, or Sandwich Board Signs) that may be erected or displayed by or on behalf of any store or business shall be three (3). d) Notwithstanding the provisions of Section 16 (4) of this by-law, automobile service stations shall be permitted to erect only the following signs: i) One free standing sign on each street frontage indicating the name of the occupant of the lot and/or the use of the lot ii) Not more than two single-faced or one double-faced Sandwich Board Sign for the posting of copy; PROVIDED THAT the area of each sign shall not exceed 1.1 m2 in area on each side and each sign shall be mounted on a permanently fixed base and no sign shall be located within 1.5 metres of any street line; iii) The following signs permanently fixed to the building or structure erected upon the lot: identification sign, "wash and/or lubrication" sign, lessee identification sign, licensed mechanic sign, rest room sign, temporary promotional banners or similar advertising devises, provided they are fixed to the building or structure erected upon the lot or to the pump island on the lot. By-law 2010-44 8 Industrial Zones In Industrial Zones the following signs only are permitted: a) One non-illuminated or illuminated fascia sign per place of business indicating the name of the business and/or the use of the premises b) Sandwich Board signs are permitted in Industrial Zones provided that the following conditions are met: i. Proof of Insurance, as per Section 3 has been provided to the Municipality; and ii. A maximum of one Sandwich Board sign per industry shall be permitted iii. The maximum size of a Sandwich Board sign is 1.1 m2 in area on each side; and iv. The location of the Sandwich Board sign is restricted to an area within 0.6 metres of the front of the building in which the industry is located or on a boulevard adjacent to such industry. If a Sandwich Board sign is to be located on a boulevard, it shall not be located within any sight triangle as prescribed by the Municipality's Zoning By-Law nor shall it be greater that 0.8 metres in height about the existing ground level of the boulevard measured at the base of the sign. Development and Rural Zones In the Development and Rural Zones the following signs only shall be permitted: a) One non-illuminated free standing sign, not exceeding 1.4 m2 in area, indicating the name of the owner or occupant of the lot and/or the use of the lot. 17. ENTRY ON PREMESIS The CBO and /or assistants, may, from time to time and at reasonable hours, enter into and upon any premises upon which a marquee, sign or other advertising device is erected or placed for the purpose of inspecting it. 18. APPLICABILITY OF BY-LAW Within thirty (30) days of the passage of this by-law, all signs existing in the limit of the Municipality shall be registered with the CBO. Such registration shall include a shop drawing or photograph (with dimensions) of said sign indicating it's location, supporting structure if any, material of construction and whether it is illuminated or non-illuminated. Any sign not so registered shall be deemed to be new and shall follow the requirements for permit application. 19. HOLD HARMLESS The provisions of this by-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting, placing or owning any sign, marquee or other advertising device from personal injury or property damage resulting from the negligence or willful acts of such person, his agents or employees, in the construction, erection, maintenance, repair or removal of any sign or other advertising device; nor shall any responsibility or liability be imposed on the Municipality or it's officers or employees by reason of the approval of any signs, materials or other advertising devices under the provisions of this by-law. 20. OFFENCES AND FINES Every person who contravenes any provision of this by-law shall be guilty of an offence and upon conviction shall be liable to a fine. Each day in which a contravention of this by-law is continued or permitted to continue shall constitute a separate offence and shall be punishable as such under the Provincial Offences Act. This shall not act as a bar to the Municipality form any other remedies available to it. 21. ZONING BY-LAW CONFLICTS This by-law shall be construed as being in addition to the provisions of the former Village of Colborne Zoning By-Law, and the Township of Cramahe Zoning By-Law applicable to the lands affected, and in the case of any conflict between this by-law and the Zoning By-Laws, the most restrictive by-law provision shall apply. 22. SEVERABILITY If any portion or requirement of this by-law or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this by-law, or the application of such provision or requirement to all persons other than those to which it is held to be invalid or unenforceable, shall not be affected thereby and each provision and requirement of this by-law shall be separately valid and enforceable to the fullest extent permitted by law. By-law 2010-44 9 23. The Council of the Municipality may, upon the application of any person, club or charitable organization or group, authorize minor variances from the provisions of this by-law if in the sole and absolute opinion of the council the general intent and purpose of this by-law is maintained. This By-law shall come into force, effective this 1st day of June, 2010. Township of Cramahe By-Law Number 02-20 is hereby repealed. _________________________ Mayor, Marc Coombs _________________________ CAO/Clerk, Christie Alexander By-law 2010-44 10 THE CORPORATION OF THE TOWNSHIP OF CRAMAHE Part I, of the Provincial Offences Act Set Fine Schedule By-Law Number 07-117, A By-Law for Regulating and Prohibiting Signs and Other Advertising Devices Item COLUMN 1 Short Form Wording COLUMN 2 Provision Creating or Defining Offence COLUMN 3 Set Fine 1 Cause or permit a sign to be erected without a permit Section 7 (a) $100.00 2 Cause or permit a sign to be altered without a permit Section 7 (a) $100.00 3 Place or attach a sign upon a building obstructing a fire escape Section 7 (c) $100.00 4 Place or attach a sign-obstruct window Section 7 (c) $100.00 5 Place or attach a sign-obstruct door Section 7 (c) $100.00 6 Place or attach a sign-obstruct ventilation system Section 7 (c) $100.00 7 Place a sign or support of a sign within 0.9 metres of any wire or conduit carrying electric current without written consent Section 7 (d) $100.00 8 Suspend a banner or advertising device across any street without approval from Council Section 7 (e) $100.00 9 Place a sign on Municipal sidewalk without authorization of Council Section 7 (f) $100.00 10 Place a sign on Municipal boulevard without authorization of Council Section 7 (f) $100.00 11 Paint a sign on any sidewalk without consent of Council Section 7 (g) $100.00 12 Erect sign which obstructs the vision of a driver of a motor vehicle on public street Section 7 (j) $100.00 NOTE: The penalty provision for the offences listed above is Section 20 of By-law 07-117, a certified copy of which has been filed.