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THE CORPORATION OF THE MUNICIPALITY OF HASTINGS HIGHLANDS
BYLAW 2020-019
TO PROHIBIT OR REGULATE THE ERECTION OF SIGNS, BILLBOARDS, POSTERS AND
OTHER ADVERTISING DEVICES IN THE MUNICIPALITY OF HASTINGS HIGHLANDS
WHEREAS under the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
Council may pass bylaws to regulate the erection of signs, billboards, poster panels and other
advertising devices;
AND WHEREAS the Council of The Corporation of the Municipality of Hastings Highlands
deems it expedient to pass such a bylaw;
NOW THEREFORE the Council of The Corporation of the Municipality of Hastings Highlands
ENACTS AS FOLLOWS:
1.0 Definitions
1.1 In this Bylaw:
i)
Direction Sign - means a sign directing the general public to a specified place;
ii)
Election Sign - means a temporary sign for an election or by-election, for or
promoting the election of, a person or a political party seeking election for any public
office;
iii)
Lot - shall mean a parcel of land having continuous frontage on a public street
described in a deed or other document, which is legally capable of conveying a fee
simple interest of land, other than a leasehold interest, easement, or right-of way;
iv)
Municipality or Municipality of Hastings Highlands - means The Corporation of
the Municipality of Hastings Highlands;
v)
Municipal Property - means land or buildings owned or leased by the Municipality,
County of Hastings, or a local board as defined in the Municipal Act, 2001, as
amended;
vi)
Road Allowance or Highway - means the part of the highway located between the
shoulder of the highway and the lateral property line of the abutting property;
vii)
Owner - means the registered owner of the lands and includes any person, firm,
partnership, corporation, institution, religious or philanthropic organization government
or governmental agency controlling maintaining or occupying the lands upon which a
sign is or will be erected or displayed;
viii)
Real Estate 'For Sale' Sign - means a sign advertising the sale, rental or lease of any
building, structure or lot.
ix)
Sign - means a sign, billboard, poster panel and other advertising device including
inflatable advertising devices, signage on a permanently parked vehicle, bus, truck or
trailer body/frame or shipping container or another similar item or thing.
x)
Temporary Sign - A temporary sign shall be a sign or notice of a temporary nature
(i.e. charitable functions, special events). A temporary sign shall be erected no earlier
than two (2) weeks prior to the event and removed no later than forty-eight (48) hours
after the event and shall not exceed 3.0 m2 (32 ft2) in size;
2.0 General Provisions
2.1 No person shall erect a sign on a residential lot at a size of more than .3716 square metres
(4 square feet), and then only with the consent of the property owner.
2.2 No person shall erect a sign on a rural, commercial or industrial lot without a numbered sign
permit from the Municipality of Hastings Highlands.
2.3 No person shall erect a sign closer than 15 metres (49.21 feet) from the centre line of the
road abutting the residential, rural, commercial or industrial lot and not on a Municipal Road
Allowance.
2.4 All signs must be kept in a satisfactory condition. When the Municipality considers the
condition of a sign to be unsatisfactory, the owner will be notified and shall improve or remove
the sign within a specified time period.
2.5 No person shall erect a sign in such a manner as to obstruct the vision of vehicular or
pedestrian traffic.
2.6 No person shall post any sign on a tree. All signs shall be erected on an independent post
or structure.
2.7 No person shall erect a sign on any land abutting on Municipal roads or on any municipally
owned property except as permitted herein;
2.8 No person shall erect a sign abutting the former Highway 62 (being Highway 62 from the
intersection of Highway 62 and Highway 127 east to the Municipal Boundary), Graphite Road,
Madawaska Road, Musclow-Greenview Road, Peterson Road, Siberia Road, and South
Baptiste Lake Road that does not meet the exemption requirements in Section 4.0, without a
municipally issued sign permit.
3.0 Exemptions
3.1 Exempted signs:
a. Election campaign signs shall be exempt from this bylaw if removed forty-eight (48)
hours after the final vote;
b. Political expression signs shall be exempt from this bylaw if placed on the owner's
property and no larger than .3716 square metres (4 square feet);
c. Real estate for sale signs advertising a specific property listed for sale and located on
the property shall be exempt, up to a maximum size of 1.4865 square metres (16
square feet), to be removed no later than closing date;
d. Directional signs to businesses and properties listed for sale;
e. Temporary event signs erected two (2) weeks prior to the event and removed forty-
eight (48) hours after the event and shall not exceed 3.0 m2 (32 ft2) in size;
f. Community Event signs;
g. Municipally approved Community identification signs;
h. Emergency signs;
i. Home Occupation and Home Industry signs at a size of no more than 1.4865 square
metres (16 square feet);
j. One (1) sign not exceeding than .3716 square metres (4 square feet) in area indicating
the name and/or address of the owner or occupant of the premises on which the sign
is located, or the name of the land or premises or both;
k. Signs attached or painted on any building.
4.0 Application and Fees
4.1 Plans of all signs or other advertising devices to be erected, displayed, altered or repaired
shall be provided to the Municipality.
4.2 A fee of $25.00 will be paid to the Municipality for the inspection and approval of the plans
submitted. The Municipality will issue a permit certifying such approval and may prohibit the
erection, display, alteration or repair of any sign or advertising device.
4.3 The Applicant is solely responsible to have the municipally issued permit number present
and visible on the approved sign.
4.4 An annual permit fee of $100.00 for up to 2.973 square metres (32 square feet or 4' x 8') or
$150.00 over 2.973 square metres (32 square feet), which will cover the period from January 1
of the year of issue up to and including December 31, of the same year. The annual permit fee
will not be pro-rated.
4.5 The Municipality has the authority and reserves the right to remove or have removed any
unauthorized signs and to issue a provincial offence notice or a monetary penalty notice payable
to the Municipality of Hastings Highlands. The cost for removal of any sign may be applied to
the tax roll of the property on which the sign is erected or invoiced to the responsible non-
property owner indicated on the sign.
4.6 Consideration of the issuance of sign permits will consider the inherent nature of the property
and its congruity with the surrounding properties.
4.7 All signs, displays or devices must satisfy generally acceptable social or esthetic standards.
The Municipality of Hastings Highlands reserves the right to determine what constitutes
acceptable social or esthetic standards.
4.8 This bylaw does not apply to any signing upon, or adjacent to, a provincially owned highway,
which is regulated by the Public Transportation and Highway Improvement Act (PTHIA) and the
Ministry of Transportation Corridor Signing Policy.
5.0 Offences and Penalties
5.1 Every person who contravenes any provision of this Bylaw is guilty of an offence and upon
conviction shall be liable to a fine prescribed and recoverable under the provisions of the
Provincial Offences Act, R.S.O. 1990, c.P.33, as amended, for each offence committed.
5.2 The Administrative Monetary Penalty System Bylaw applies to each administrative penalty
issued pursuant to this Bylaw.
5.3 Each person who contravenes any provision of this Bylaw shall, upon issuance of a penalty
notice in accordance with the Administrative Monetary Penalty System Bylaw, be liable to pay
to the Municipality an administrative penalty.
5.4 If any term or provision of this Bylaw or the application thereof to any person shall to any
extent be held to be invalid or unenforceable, the remainder of this Bylaw or the application of
such term or provision to all persons other than those to whom it was held to be invalid or
unenforceable, shall not be affected thereby and each term and provision of this Bylaw shall be
separately valid and enforceable to the fullest extent permitted by law.
6.0 Interpretation
6.1 The provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Sched. F, shall
apply to this Bylaw.
6.2 Any reference in this by-law to any statutes, regulations or by-laws shall be deemed to be a
referenced to such statutes, regulations or by-laws, as amended, restated or replaced from time
to time.
7.0 Gender
7.1 In this Agreement, words importing the masculine gender shall include the feminine gender
and neuter gender and vice versa and words importing the singular shall include the plural
where the context requires.
8.0 Heading
8.1 The headings used in this Bylaw are included solely for the convenience of reference and
are not to be considered part of this Bylaw and are not intended to be full or accurate
descriptions of the contents of any section, clause or provision of this Bylaw.
9.0 Effect of Pre-Existing Bylaws
9.1 Any Bylaw which was in effect in the Municipality on the date of passage of this Bylaw
which covers the same subject matter as this Bylaw shall remain in effect only for the purposes
of the completion of any procedure that was commenced under that.
10.1 Rescindment of Bylaws
10.1 Except for the purposes identified in Section 9.0 of this Bylaw, Bylaw 2016-60 is hereby
rescinded.
11.0 Short Title
11.1 This bylaw may be cited as the "Sign Bylaw".
12.0 Effective Date
12.1 THAT this Bylaw shall come into effect on the day it was passed.
ENACTED AND PASSED IN COUNCIL this 5th day of February 2020.
Vic A. Bodnar, Mayor
Suzanne Huschilt, Municipal Clerk
SCHEDULE "A" to Bylaw 2020-019
REGULATE THE ERECTION OF SIGNS, BILLBOARDS, POSTERS AND OTHER
ADVERTISING DEVICES IN THE MUNICIPALITY OF HASTINGS HIGHLANDS
Part I - Provincial Offences Act Set Fines
ITEM
COLUMN 1
SHORT FORM
WORDING
COLUMN 2
PROVISION CREATING
OR DEFINING OFFENCE
COLUMN 3
SET FINE
1
Erect sign on
residential lot-exceed
permitted size
Section 2.1
$50.00
2
Erect sign on rural,
commercial or industrial
lot - no permit
Section 2.2
$50.00
3
Erect sign - not within
permitted distance to
road
Section 2.3
$100.00
4
Owner - fail to remove
sign
Section 2.4
$50.00
5
Erect sign - obstruct
vision of
vehicular/pedestrian
traffic
Section 2.5
$100.00
6
Post sign on tree
Section 2.6
$50.00
7
Erect sign-abut
municipal road/property
Section 2.7
$50.00
THE PENALTY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 5 OF BYLAW NUMBER 2020-019, A
CERTIFIED COPY OF WHICH HAS BEEN FILED.
P.O. Box 130 Maynooth, Ontario K0L 2S0
Municipal Office
Tel: 613-338-2811
Fax: 613-338-3292
Email: [email protected]
Application for Sign Permit No.____________
Note: A separate application is required for each sign unit. Application is made for:
o
A permit to erect a sign
o
A permit to alter a sign
o
A permit for a temporary sign
Enclose sketch or picture to properly describe sign, location on property
Description of Sign:
______________________________________________________________________________________________
Lot # and Concession
Township/Ward
County/District
Road Name ______________ Facing____________ On the ______________ Side about ________ Km/Miles
(N.S.E.W.) (N.S.E.W.) (Distance)
_________________ of ____________________________________
(N.S.E.W.) (Nearest Town, Village or Intersection)
Cost of Sign:
$100.00 annual fee (up to 32 sq. ft. - 4 x 8)
$150.00 annual fee (over 32 sp. ft.)
A Fee of $________ is enclosed. Please make cheques or money orders payable to the Municipality of Hastings
Highlands.
Please include an establishment fee of $25.00, for the inspection and approval of such plans.
*The applicant understands that: (1) All work will be performed at the expense of the applicant. (2) Work must not begin before a permit is issued. (3)
The issuance of a permit does not relieve the applicant of the responsibility of complying with relevant municipal by-laws. (4) If a permit is issued it
relates only to the sign as described in the permit. By signing this application the owner gives the Municipality permission to enter on the land to remove
any sign that is altered or is not maintained in good repair according to Municipal requirements.
*In consideration of any permit issued in respect to this application, we, the applicants for ourselves, our heirs, executors, administrators, successors
and assigns hereby to observe, keep and perform and subject to the regulations and conditions of the said permit and to indemnify and save harmless
the Municipality of Hastings Highlands from and against all loss, cost, damages, expenses, claims and demands whatsoever for which Her Majesty may
be put or which she may be liable by reason of anything done or omitted to be done in the construction, maintenance, alteration or operation of the
works authorized.
___________________________________ ________________________________ ___________________________
(Signature of applicant/officer/agent)
(Date) (Telephone Number)
________________________________________________________________________________________________
Business Name, Address and Telephone Number
OFFICE USE ONLY: Approved
YES NO
NOTES:
____________________________________
Operations Supervisor (signature)
SIGN
SIGN