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CITY OF PRINCE ALBERT
BYLAW NO. 19 OF 2018
Disclaimer:
This consolidation is not an Official Copy of the Bylaw. Amendments
have been incorporated solely for research convenience purposes
only. Original Bylaw and amendments are available from the City
Clerk's Office and must be consulted for purposes of interpretation
and application of the law.
The Portable Sign Bylaw
BYLAW NO. 19 OF 2018
Including the Following Amendments:
AMENDMENTS
DATE PASSED
OFFICE CONSOLIDATION
Bylaw No. 19 of 2018
Page 3 of 13
City of Prince Albert
Bylaw No. 19 of 2018
A Bylaw of The City of Prince Albert with respect to the
authority to deal with portable and temporary signs
within the city.
Pursuant to the authority granted under Section 8 of The Cities Act, and amendments
thereto, the Council of the City of Prince Albert herein enacts the following:
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT
IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
Short Title
1.
This Bylaw may be cited as "The Portable Sign Bylaw".
Purpose
2.
The purpose of this Bylaw is to regulate placement of portable signs within the
City of Prince Albert and the related uses by:
(a)
establishing minimum standards as to placement, size, display, condition
and construction of all signage in order to promote orderly sign
development;
(b)
establishing permit and enforcement procedures; and
(c)
protecting public health, safety and the general welfare of the community.
Definitions
3.
(1)
In this Bylaw:
(a)
"Act" means The Cities Act;
(b)
"A-board sign" means a self-supporting sign which is set upon, but
not attached to, the ground and has no external supporting
structure and does not exceed 1.2 square meters (12.9 square feet)
in area;
Bylaw No. 19 of 2018
Page 4 of 13
(c)
"A-frame" means any exposed structure mounted above a roof line
for the express purpose of supporting a sign;
(d)
"balloon sign" means a sign which is an inflated, three-dimensional
device which incorporates a message and is anchored or affixed to
a site or building but does not include a balloon 0.61 meters (2
feet) or less in size;
(e)
"banner sign" means a sign constructed of non-rigid cloth, plastic or
other fabric which is attached at all four corners of a pole, building
or other supporting structure, and is intended to be of a temporary
nature but does not include flags;
(f)
"Bylaw Manager" means the person appointed by Council to
administer and oversee bylaw enforcement for the City;
(g)
"City" means The City of Prince Albert;
(h)
"community based event or organization" refers to an event that is
taking place within city limits and promoted by an organization
located within the confines of the city limits. The event shall be
open to participation by any member of the general public. The
event being promoted shall be seasonal in nature and provide a
service or action benefiting the residents of the city that is not
otherwise generally available;
(i)
"construction sign" means a sign placed on a site undergoing
construction for which the sign user is advertising services related
to the construction project;
(j)
"corner visibility triangle" as defined in the Traffic Bylaw;
(k)
"digital sign" means a sign that displays digital images, graphics,
text and/or other information in static or animated form, using such
forms as light emitting diodes (LED), and may also include visual
communications devices capable of storing and displaying multiple
electronic messages in dozens of formats and varying intervals;
(l)
"Director" means the Director of Planning and Development
Services for The City of Prince Albert and anyone acting or
authorized to act on the Director of Planning and Development
Services behalf;
(m)
"election sign" means any sign used to promote a candidate or
party during a municipal, provincial or federal election, or any
election held pursuant to an election act;
Bylaw No. 19 of 2018
Page 5 of 13
(n)
"Electronic Variable Message Sign" means visual communication
devices capable of storing and displaying multiple messages in
dozens of formats and at varying intervals;
(o)
"flag sign" means any fabric containing distinctive colours, patterns,
symbols or stylized letters, freestanding or otherwise supported,
that is not attached to a flagpole and contains graphics or text
which is related to a product for sale;
(p)
"Inspector" means an individual authorized by the Director of
Planning
and
Development
Services
for
the
purpose
of
administrating this bylaw;
(q)
"new business" means any existing business in the City of Prince
Albert that is relocating to a new location or a newly created
business opening within the corporate boundaries. A business will
be considered new or relocating for 365 days following receiving a
City of Prince Albert Business License for the new location;
(r)
"Officer" means a Bylaw Enforcement Officer appointed by the
Bylaw Manager;
(s)
"portable sign" means a sign capable of being moved or
transported from site to site. It can be mounted on a frame, stand,
vehicle, trailer or similar support;
(t)
"real estate sale sign" means a sign advertising real estate for sale,
rent or lease;
(u)
"sign" an object or device frame, structure or fixture, intended for
the advertising or calling attention to any specific person, matter,
object or event;
(v)
"sign area" means the entire area of a sign on which text is
intended to be placed;
(w)
"subdivision sign" means a sign placed at the entrance of a
subdivision during development and construction for the purpose of
promoting vacant lots, new home areas or show homes, which may
incorporate small banners or flags;
(x)
"third party advertising sign" means a sign which directs attention to
a business, commodity, service or entertainment that is conducted,
sold or offered elsewhere than on the premises on which the sign is
located, and is only allowed on billboards, mini billboards, transit
shelters and transit bench seats;
Bylaw No. 19 of 2018
Page 6 of 13
(y)
"Zoning Bylaw" means the City of Prince Albert Zoning Bylaw as
may be amended from time to time or such Bylaw or Bylaws as
may be substituted therefor from time to time.
(2)
Unless the context otherwise requires and subject to Subsection 3(1),
terms and expressions used in this Bylaw shall have the same meaning as
in the Zoning Bylaw of the City of Prince Albert.
Responsibility
4.
The owner of a sign or the owner of the property upon which the sign is located
shall be responsible for carrying out the provisions of this Bylaw.
Sign Permit Required
5.
Any person who wishes to erect, install, suspend, alter or use any sign, unless
otherwise provided under this Bylaw, shall first make application for a sign permit
from the department of Planning and Development Services.
Conditions of Sign Permit Approval
6.
(1)
All sign permit application approvals shall be subject to the following
conditions:
(a)
The business to be advertised must have a valid City of Prince
Albert Business License;
(b)
The applicant for which the sign is to be placed must have
permission from the property owner; and
(c)
The owner of the sign shall comply with all applicable bylaws of the
City of Prince Albert.
(2)
Any changes to the approved sign permit must be submitted to the
department of Planning and Development Services for approval prior to
displaying the sign.
(3)
The owner accepts full liability for any claims, actions, loss, damages,
judgments, costs and expenses which may accrue or arise from the
erection, installation, suspension, alteration, or maintenance and use of
the sign.
(4)
The owner shall allow the Inspector or Officer to enter the property at any
reasonable time for the purpose of administering and enforcing this Bylaw.
Bylaw No. 19 of 2018
Page 7 of 13
(5)
If a sign permit has been revoked, or expired, no more work shall be
performed on the sign unless it is deemed to be a public safety issue.
(6)
Signs cannot be placed on public property. This includes boulevards,
curb-side trees, street light standards, public signage, public mailboxes
and intersections, with the exception of election signs.
Sign Permit Issuance
7.
Every application for a sign permit shall be reviewed by an Inspector to ensure
the application conforms to this Bylaw. When deemed necessary, the Director
may refer an application to City Council for consideration.
Fees
8.
(1)
Sign permit application fees are $15.00 per month or $150.00 yearly.
(2)
Sign permit application fees are non-refundable whether approved or
denied.
General Requirements
9.
With the exception of sign types described under Section 10 hereof, no person
shall cause or allow a sign to be placed, changed or altered except in
conformance with a legally issued sign permit and any or all the requirements
defined within this Bylaw.
Signage Not Requiring Permits
10.
No sign permit is required for the following sign types provided the sign complies
with all other requirements and provisions of this Bylaw:
(a)
Election signs are subject to the maximum size limitations within this
Bylaw;
(b)
Real estate signs - Multi-unit sites may have a sign maximum of 11.89
square meters (128 square feet) per side, and small residential sites may
have a sign maximum of 4.64 square meters (50 square feet) (fourplex or
less);
(c)
Real estate directional signs;
(d)
Directional signs;
(e)
A-board signs;
(f)
Subdivision signs maximum 11.89 square meters (128 square feet) per
side;
(g)
Posters and signs approved for transit shelter/transit bench signs and bus
signs;
(h)
Private sale signs;
Bylaw No. 19 of 2018
Page 8 of 13
(i)
Signs located inside a building and not intended to be viewed from the
outside;
(j)
Construction sign maximum 11.89 square meters (128 square feet) per
side);
(k)
Home based businesses may have one sign located on the property. The
sign shall be one of the following:
- a window or fascia sign stating only the business name and hours of
operation; OR
- a 0.55 square meters (6 square feet) per side A-board sign stating only
the business name and hours of operation. A-board signs shall not be
displayed prior to 8 a.m. nor after 7 p.m.
(l)
Banner signs, flags, balloons, and other similar signs.
Prohibited Signs
11.
(1)
Signs shall not be mounted or placed on any exterior stairway, fire escape
or balcony. Any portion of the sign or supports will not be permitted to
interfere in any way with any openings necessary for standpipes or egress
locations from any building.
(2)
Signs shall not be placed on a corner site within the corner visibility
triangle.
(3)
Signs shall not be placed in an area that will cause a hazard for
pedestrian, vehicular, or railway traffic.
(4)
Signs shall not be in the shape and colour of traffic signs (stop sign, yield
sign, etc.) The words "stop" or "danger" or any other directional words or
symbols are not permitted.
Advertisement Content
12.
(1)
Text on a portable sign must comply with the following:
(a)
the Canadian Code of Advertising Standards;
(b)
not present demeaning or derogatory portrayals of individuals or
groups; and
(c)
display advertising copy that is of acceptable, high moral standard,
and is not contrary to public order and good taste.
(2)
At the discretion of the Director, any advertising that is deemed to be
objectionable or does not comply with Subsection 12(1) will be removed.
Such advertising shall be removed as soon as possible or within twenty-
four (24) hours of receipt of notice.
Lighting Requirements
Bylaw No. 19 of 2018
Page 9 of 13
13.
(1)
Signs shall be constructed of metal or an approved non-combustible
building material when using lights as part of the sign. The construction
and electrical work performed shall be in accordance with the
requirements in the current National Building Code of Canada and
Canadian Electrical Code.
(2)
Flashing, animated, or message board signs shall be allowed in any zone
and requires City Council approval.
(3)
Any permitted external lighting used to illuminate a sign shall be directed
away from right-of-ways in order to not interfere with traffic and
neighbouring residential areas in a manner that will not unduly interfere
with the amenities of the neighbourhood. Any illuminated lighting shall
have a control to dim the lights when requested by the Inspector.
Maintenance Requirements
14.
(1)
The owner of a sign shall be responsible for keeping the sign in a
maintained and presentable condition. At any time, the Inspector or Officer
may order the sign to be repaired or removed if deemed dilapidated or a
public safety hazard, at the cost of the owner.
(2)
When a business moves locations and there was signage used for
advertising the business, the signage must either be removed or the text
indicating the business name must be concealed within thirty (30) days of
vacating the building.
Third Party Signs
15.
Third party signs are not permitted in any zone with the exception of signage for
a new business or a non-profit organization.
Signage Regulation for New Business
16. (1)
A new business shall be allowed to place a maximum of one sign at a
location for a period of time not exceeding six (6) months as approved by
City Council.
(2)
The temporary location for a sign for a new business, as approved by City
Council, can be located on designated City owned property or in any
commercial or industrial zone.
(3)
Failure to comply with Section 14 will invalidate any permit issued for
signage issued under this section and no new application will be accepted.
Bylaw No. 19 of 2018
Page 10 of 13
Signage Not Otherwise Specified
17.
In the event that a type of temporary sign, promotional display or other type of
advertising medium be employed that is unrecognized, undefined or does not
require a permit under the provisions of this Bylaw, the Director may refer the
matter to City Council, who may at their discretion, require that any or all
requirements of this bylaw be applied to the signage in question.
Sign Regulations by Zone
18.
Portable signs are not allowed in any residential or transitional zone, except in
conjunction with essential public services or churches.
19.
Portable signs are allowed in any commercial, industrial or institutional zone
subject to all the provisions of this Bylaw.
20. Portable signs may be allowed in zones not already described in Section 18 and
19, subject to the approval from the Director and in accordance with all other
provisions of this Bylaw. If the Director deems it necessary, the application may
be referred to City Council for consideration.
Non-Profit Third Party Signs
21.
(1)
Community and non-profit event information will be allowed on signs that
are located on designated City owned property or in any commercial,
industrial, park, or institutional zone.
(2)
Prior to the display of an event, proof shall be provided to the Inspector
that:
(a)
the property owner has approved the placement of the sign on the
property;
(b)
any sign located at a City owned facility, which has a governing
body, has approval from both the City and the governing body; and
(c)
non-profit and community based signs placed on designated
properties are located in accordance with all other regulations
within this Bylaw.
(3)
These locations will not allow the advertisement, sale or promotion of any
goods or service for profit. Only community based, non-profit events
and/or organizations will be allowed.
(4)
Non-profit organizations will be required to provide their non-profit registry
number when applying for a permit.
Bylaw No. 19 of 2018
Page 11 of 13
(5)
Non-profit organizations may display sponsors logos or trademarks on
signs posted for the benefit of the non-profit organization. The
organization shall provide to the Inspector the names of each company
trademark to be displayed and written confirmation that the company is a
sponsor of the organization. No other text may be displayed in relation to a
sponsorship company.
(6)
The Inspector may refer an application for community based signage to
City Council for their consideration.
A-Board Signs
22.
(1)
The maximum area of an A-board sign is 1.2 square metres (13 square
feet) on each face of the sign.
(2)
A-board signs announcing temporary sales or events may be placed on
each site in all commercial or industrial zones, except the C1 Zone,
without a sign permit provided that they are placed entirely on the site and
do not encroach onto any public thoroughfares or boulevard areas. In a
C1 Zone, one will be permitted, providing it is located adjacent to a
parking meter, does not block pedestrian traffic, and is placed no further
than 1 metre (3 feet) from the curb.
Portable Sign
23.
(1)
Portable signs shall not exceed 4.64 square metres (50 square feet) per
side and not be taller than 3 metres (10 feet) above grade.
(2)
Portable signs must maintain a minimum 10 metre (32 feet) separation on
the same site.
(3)
Portable signs are only permitted in off-street parking areas if the parking
spaces are in excess of the Zoning Bylaw requirements.
(4)
In accordance with the 2nd Avenue Landscape Policy, signs are not
permitted to be placed within a boulevard.
Banner Signs, Flag Signs, Balloons and other Promotional Signage
24.
Banner signs, flag signs, balloons and other promotional signage are considered
temporary and do not require a permit but are subject to the following
requirements:
(a)
Drawn, drafted, lettered to a professional standard;
(b)
Maintained in good condition without rips, tears or staining;
(c)
Securely fixed or secured to an existing structure capable of resisting all
environmental loads;
Bylaw No. 19 of 2018
Page 12 of 13
(d)
In area, not exceed 15% of the face of the structure to which they are
attached;
(e)
Do not provide promotion for any product, person, place or thing not
provided or located on the site they are placed;
(f)
To be located entirely on the property related to the text, graphic or display
indicated on the signage;
(g)
Do not present, or, by display, be considered to present, any misdirection,
visual obstruction or anything that could be considered to be a hazard;
(h)
The property owner upon which the display is placed shall be deemed the
sole party responsible for ensuring that both the product and its placement
present no hazard to any person, place or thing; and
(i)
In the C1 Zone, these signs must be placed on the subject property and
cannot be placed on the sidewalk or within the right-of-way.
Garage/Yard Sale Signs
25.
(1)
Signs can be placed on private property as long as the property owner
consents, and must be placed in locations where the sign will not create a
safety hazard.
(2)
No property owner, tenant or occupant of a property or abutting property,
shall cause, allow, permit, place or consent to the placement of a portable
sign on City owned property or public property, which advertises a yard
sale or garage sale. This includes boulevards, curb-side trees, street light
standards, public signage, public mailboxes and intersections. The
address contained on the portable sign is deemed to belong to the
property owner, tenant or occupant, where the sale is advertised on the
sign.
(3)
Garage sale or yard sale signs must be taken down at the end of every
sale.
Election Signs
26.
(1)
Election signs may be placed on public property, if the placement of the
sign does not in any way impede, impair, disrupt, or disturb traffic, both
pedestrian and/or vehicular. The sign may not in its placement cause any
manner of visual impairment or obstruction that may be considered a
safety hazard or a contribution to urban blight.
(2)
Elections signs must be removed within seven (7) days following the date
of the election, and any other provisions of the elections act.
(3)
The City recognizes that individual property owners are deemed
responsible for the care of City owned boulevard immediately abutting
their property. Pursuant to this, the City entrusts the property owner with
the right to remove any election signage from the portion of boulevard
abutting the frontage of their property.
Bylaw No. 19 of 2018
Page 13 of 13
Digital and Electronic Variable Message Signs
27.
In addition to meeting all other requirements of this bylaw in regards to portable
signs, digital and electronic variable message signs:
(a)
require approval by City Council;
(b) are to be located on the property;
(c)
upon request from the City, are required to display any emergency or
public safety broadcast such as amber alerts or other situations wherein
the safety of the general public may be affected;
(d)
are able to be adjusted for brightness when so requested by the City;
(e)
are not to employ any type of directional arrow or indicator that may be
interpreted as traffic signage;
(f)
are not to employ any word or combination of words common to traffic
signage, such as "turn left", "danger", "stop", "yield", etc.;
(h)
are not to employ any graphic that depicts a flash, explosion, firework or
other display of nearly instantaneous visualization;
(i)
are not to create a visual obstruction in regards to traffic flow; and
(j)
have the power supply for the sign safely placed so as not to create a
hazard.
Signs in Contravention
28.
(1)
Where a sign is in a dangerous, dilapidated, unsafe condition or is liable to
cause injury to any person or property, notice may be sent by the
Inspector by registered mail to the owner of the land requiring them to
repair the sign to a safe condition or remove the sign. Failure to comply
with the conditions of the notice will result in the issuance of a summary
offence ticket for non-compliance with the provisions of this Bylaw, and
any enforcement procedure indicated within this Bylaw.
(2)
Notwithstanding Subsection 28(1), an Inspector or Officer may remove the
sign from the property if the owner has not already done so. The owner
shall be held responsible for any costs, damages, fees, or fines resulting
from the removal, storage or elimination of the sign.
(3)
Signs which impede or interfere with the repair or maintenance work of
City employees on any property owned or controlled by the City may be
removed by the City without notice.
Bylaw No. 19 of 2018
Page 14 of 13
(4)
The City shall retain any signs removed under Subsections 28(1) and (3)
for three (3) business days, during which time the signs may be reclaimed.
(5)
The City may without notice dispose of any signs which are not reclaimed
under Subsection 28(2) and (3).
(6)
The City, its agents or those who are empowered to enforce this Bylaw,
shall not be responsible for the loss or damage of any portable signs
removed or stored by the City.
(7)
When a sign is too large to be removed by an individual or may require the
use of equipment to remove, the owner of the sign will be notified that the
sign must be brought into compliance with all aspects of the Bylaw within
a twenty-four (24) hour period. Failure to achieve compliance within a
twenty-five (24) hour period will result in the issuance of a summary
offence ticket as defined under this Bylaw, for each day the sign remains
in contravention of this Bylaw. These fines will be held valid on any given
day wherein a sign remains in contravention as of 1:00 p.m. of each day
concurrent to the first day a ticket is issued.
Enforcement of Bylaw
29.
(1)
The Director of Planning and Development Services and the Bylaw
Manager for the City of Prince Albert is hereby authorized to further
delegate the administration and enforcement of this Bylaw.
(2)
Inspections under this Bylaw shall be carried out in accordance with
Section 324 of The Cities Act.
Offences and Penalties
30.
(1)
Subject to Subsection 30(2) hereof, any person who violates a provision of
this Bylaw shall be guilty of an offence and shall be liable upon summary
conviction to a fine not exceeding:
(a)
$2,000.00 in the case of an individual; or
(b)
$5,000.00 in the case of a corporation.
(2)
Notwithstanding Subsection 30(1), an Officer may issue a summary
offence ticket for a violation of this Bylaw in the amount of $100.00 which,
if paid within the time prescribed, will be accepted as a guilty plea to that
offence.
(3)
No person shall:
(a)
fail to comply with an Order made pursuant to this Bylaw; or
Bylaw No. 19 of 2018
Page 15 of 13
(b)
obstruct or hinder any Officer or any other person acting under the
authority of this Bylaw.
Liability
31.
(1)
Nothing in this Bylaw relieves or limits the liability of any person placing a
portable sign or temporary sign on a street or buffer from claims for
personal injury or property damage resulting from the placing of the sign
or resulting from the negligence of the person in the maintenance or
removal of the sign.
(2)
Nothing in this Bylaw imposes any liability of the City, its officers,
employees or agents for claims for personal injury or property damage
resulting from the placement, maintenance or removal of any portable sign
or temporary sign on property owned or controlled by the City.
Severability
32.
If a Court of competent jurisdiction should declare any section or part of a section
of this Bylaw to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced the Council to pass the remainder of the
Bylaw, and it is hereby declared that the remainder of the Bylaw shall be valid
and shall remain in force and effect.
Repeal
33. Bylaw No. 22 of 2010 is hereby repealed.
Coming into Force
34. This Bylaw shall come into force on the day of its final passing.
INTRODUCED AND READ A FIRST TIME THIS 14th DAY OF November , A.D., 2018.
READ A SECOND TIME THIS 14th DAY OF November , A.D., 2018.
READ A THIRD TIME AND PASSED THIS 14th DAY OF November , A.D. 2018.
"Greg Dionne"
"Sherry Person"
MAYOR
CITY CLERK