Responsibility for Right-of-Way Management includes controlling and setting the terms and conditions for use, issuing permits

Report to/Rapport au:

Transportation and Transit Committee /

Comité des transports et des services de transport en commun

and Council/et au Conseil

24 July 2003 / le 24 juillet 2003

Submitted by/Soumis par: R.T. Leclair, General Manager/Directrice générale

Transportation, Utilities and Public Works/Transport, services et travaux publics

Contact/Personne ressource: Michael J. Flainek, P. Eng., Director / Directeur

Traffic and Parking Operations Branch / Circulation et Stationnement

580-2424, extension 26882, Michael.Flainek@ottawa.ca

Ref. No: ACS2003-TUP-TRF-0022

SUBJECT: A CONSOLIDATED BY-LAW TO REGULATE SIGNS ON CITY ROADS

OBJET: UN RÈGLEMENT HARMONISÉ POUR RÉGIR LA SIGNALISATION ROUTIÈRE DE LA VILLE

REPORT RECOMMENDATIONS:

That the Transportation and Transit Committee recommend that Council approve:

1. the Signs on City Roads By-law, in the general form of the draft by-law attached as Annex A;

2. that the enforcement policy be a combination of responding to specific complaints and monitoring for signs that create safety concerns; and,

3. that following approval, the Signs on City Roads By-law be shortformed and set fines applied for.

RECOMMENDATIONS DU RAPPORT:

Que le Comité des transports et des services de transport en commun recommande

au Conseil d’approuver:

1. le Règlement sur la signalisation routière sous la forme générale du règlement provisoire qui figure à l’Annexe A;

2. que la politique d’application soit une combinaison de réponse à des plaintes précises et de surveillance des panneaux qui créent des préoccupations en matière de sécurité; et,

3. qu’à la suite de l’approbation, le Règlement sur la signalisation routière soit abrégé et que des amendes soient demandées.

BACKGROUND

As a result of amalgamation, the new City of Ottawa has numerous by-laws pertaining to the management of signs on both public and private properties across the City, and which were put in place by the pre-amalgamation municipalities to suit the requirements of their unique community needs and the types of roads they were responsible for. Some deal specifically with signs on municipal road allowances, some with signs on private property only, and others with both. Some deal exclusively with specific types of signs only, such as billboards, temporary signs, and marketing/directional signs. It is necessary to harmonize these by-laws with a view to improving the ability to define what is and is not permitted, apply uniform requirements where appropriate, and ensure effective enforcement as necessary.

This report deals only with signs on municipal road allowances and focuses on the need to ensure the safe use of roadways and pedestrian facilities and effective delivery of related services. The Development Services Department will be undertaking a separate review of by-laws pertaining to signs outside of road allowances and on private property with a view to finalizing those requirements in 2003.

DISCUSSION

The consolidation of signs by-laws pertaining to road allowances is considered an administrative consolidation. Many of the existing by-laws resulted from comprehensive reviews in recent years by the pre-amalgamated municipalities, and the logic applied at that time is generally still valid today. Most of the reviews by the former municipalities were undertaken in response to court decisions in the 1990’s that established new limitations on a municipality’s regulatory authority.

The proposed consolidated by-law is intended to improve service to the public by providing a single source of information for signs on City road allowances. It will establish standards that are appropriate for the diverse characteristics of the community, including recognition of the different needs in the urban and rural areas.

Existing By-law Provisions: Some fourteen (14) by-laws, enacted by the pre-amalgamation municipalities, are currently in force pertaining to signs. Most, but not all, deal in some way with signs on road allowances. Some pertain to specific types of signs only like billboards in West Carleton, temporary portable and mobile signs, etc. A review of these by-laws has identified the following observations:

(a) all by-laws seem to have been designed to encourage the location of most sign types on private rather than public property;

(b) most by-laws discourage the proliferation of signage on roadways and prohibit signs, with limited exceptions, on municipal road allowances;

(c) mounting of signs on utility poles, light standards, signal standards, roadway sign posts and other structures is generally prohibited with exceptions primarily for non-rigid posters on utility poles that do not have traffic control devices or signs located on them;

(d) the former City of Ottawa, RMOC and the Township of Osgoode each had by-laws based on the same model and made specific provision for posters;

(e) one of the former municipalities, with rural communities, provided for farm produce related signage;

(f) some former municipalities with older commercial areas, where building faces abut sidewalks, provided flexibility and allowed A-frame type signs to encroach on the sidewalk;

(g) only a small number of by-laws as they pertain to signs on road allowances, seem to provide for development related signs;

(h) most have provisions permitting election signs;

(i) some allowed special event signs including decorative banners and banners across roadways but some limit such signs to those involving major events only;

(j) where transit services are available, advertising on shelters and bench facilities frequently exist but not all by-laws make provisions to permit them in such areas;

(k) some municipalities did not control many types of signs, likely as a result of not perceiving any problem that warranted a regulatory approach;

(l) a number of by-laws permit certain signs but only with a permit or subject to approval from a municipal official; and,

(m) although unclear in some by-laws, with the exception of former Goulbourn and Cumberland, mobile signs of the type and size that are typically mounted on trailers or similar structures, with sign face copy readily changeable, are prohibited on road allowances. In Goulbourn and Cumberland, although the by-laws are subject to interpretation, they appear to be permitted for scenic routes and special community oriented events.

For ease of reference, the existing and proposed regulations are summarized in a chart attached as Annex B.

New By-law Considerations: The proposed approach to streamlining the existing sign regulations considers ensuring the safe use of road allowances for all users to be the paramount goal by regulating signs so as to:

(a) maintain unobstructed road allowances to the fullest extent practical in the priority interest of providing a safe traveling environment for pedestrians, cyclists, public transportation users and motorists;

(b) minimize distractions which are known to interfere with a roadway users attention to the roadway;

(c) minimize visual conflict with traffic control and other signage important to the traveling public and the provision of effective emergency service; and,

(d) minimize obstructions that can reduce the comfort level pedestrians experience on sidewalks, and transit riders experience at bus stops.

Ancillary goals included:

(a) supporting community initiatives and facilitating the communication of special event and other community information;

(b) supporting business improvement area initiatives;

(d) managing the City’s liability;

(e) prohibiting types of signs which involve driving supports into the ground or otherwise creating a safety hazard or damaging or interrupting utility services located within road allowances;

(f) controlling costs by minimizing interference with City maintenance operations and by establishing appropriate permit and inspection fees, fines and provision for recovery of City costs for services; and,

(g) streamlining administration and enforcement processes and improving the City’s ability to provide accurate information and timely approvals for signs on road allowances.

Proposed By-law Provisions: The proposed Signs on City Roads By-law has in many respects been modeled after the approach taken in a joint project of the former Region, City of Ottawa and some other local municipalities in 1997. However, as noted previously the remaining municipal by-laws, with some variations and exceptions, generally had the same signage regulations. Modifications have been made to the proposed by-law to align with the goals described previously, and to recognize other special requirements of parts of the new City that did not participate in the 1997 review. The proposed by-law permits the following types of signs subject to specific provisions for each:

(a) certain accessory signs for residential, business and farm related activities;

(b) signs for major and smaller community special events;

(d) election signs;

(e) A-frame type portable signs for businesses on boulevards where existing buildings preclude locating them outside of a road allowance;

(f) special sign programs involving partnerships with the private sector that result in public services being provided, such as the transit bench, transit shelter and bicycle parking programs;

(g) information signs including standardized community identification signs, tourism-oriented signs, homebuilder temporary wayfinding signs, and a variety of community service signs such as block parents, neighbourhood watch and adopt-a road; and,

(h) the expanded use of decorative banners. The regulations, as currently drafted, restrict decorative banners to business improvement areas, and banners erected by the National Capital Commission and a (former) municipality to decorate an area. The Department is recommending that this authority be expanded due to recent requests for their use. For example, the University of Ottawa is requesting permission to install decorative banners on utility poles for a two-year period commemorating its alumni. The banners would be on streets within the general vicinity of the university. Secondly, Ottawa is a tourist city with many attractions. Some of the larger attractions (defined as 50,000 or more visitors annually) may benefit from the presence of decorative banners in their vicinity. The Central Canada Exhibition is an example of an event that may benefit from the use of decorative banners. Other examples of attractions that could potentially take advantage of a banner program are the Corel Centre, major golf courses, the Rideau Carleton Raceway, and the ByWard Market area.

The proposed by-law would also specifically prohibit certain types of signs that do not support the aforementioned goals, including:

(a) mobile signs. These signs are prohibited as they present significant safety concerns because of their size – the combination of sign and letter size, and letter colours, are designed to attract the attention of passing motorists. Further, their size is a potential safety concern if a motorist loses control of their vehicle and veers into one located in a boulevard area. Further, they cause additional maintenance costs because staff have to avoid them while performing routine maintenance functions such as grass cutting, snow clearing, etc.;

(b) signs situated on sidewalks. These signs reduce the effective sidewalk width for pedestrians, and are frequently on sidewalks that are already deficient in width relative to what is desirable to comfortably accommodate pedestrian volumes. Numerous examples exist, particularly in the core area. To permit signs on sidewalks will present long term problems as pedestrian activity increases, and would run contrary with Official Plan policies which promotes pedestrian travel as a high priority goal; and,

(c) signs placed by driving supporting posts into the ground are not permitted because of the risks involving underground utilities, which are often located close to the surface.

(d) service, product finding and way finding signs, or off premise signs. These signs, such as those that individually advertise and provide directions to a business that is located elsewhere, and similar signs advertising products, services, and sales have become increasingly prevalent, particularly along arterial roads. They are frequently posted on trees and utility poles, attached to City infrastructure or located on traffic islands. Many present safety concerns because they distract the attention of motorists from the driving task. Further, they cause additional maintenance costs because of damage to City infrastructure, and staff having to avoid obstructions while performing routine maintenance functions such as grass cutting, snow clearing, etc. Transportation, Utilities and Public Works staff have prepared a report entitled “Tourism and Public Service Signs”, which addresses some of the wayfinding and to services needed by businesses and residents.

Attached, as Annex C is an excerpt from reports that were considered by the former City of Ottawa and Region of Ottawa-Carleton Councils when their Signs By-laws were approved in 1996 and 1997 respectively. It is re-produced here to provide supporting rationale for prohibiting certain locations of signs in the road allowance. These provisions are included in the Signs on City Roads By-law.

Administration and Enforcement Considerations: The proposed by-law is designed to avoid unreasonable and unnecessary permit and approvals processes. There are a number of sign types that may be placed without obtaining a permit or paying any fee. Information guidelines pertaining to permitted signs and related requirements will be developed and made available to persons interested in placing signs on the City’s road allowances.

The proposed by-law does establish permit processing and inspection fees for specific types of signs, and makes provision for the recovery of costs if a person wishes to retrieve a sign that has been removed by staff. Specifically, the by-law requires a permit for banners (an existing provision from former municipalities) and homebuilder temporary wayfinding signs (a new provision), and sets fees that are designed to recover processing, inspection and ongoing administration costs associated with permitting such signs.

When approved, the new by-law will have to be short formed and set fines applied for. This is necessary to facilitate effective enforcement.

Enforcement Practices and Resource Requirements: Staff resources are insufficient to provide continuous pro-active enforcement of either the existing bylaws or the proposed by-law. It is proposed that the City’s enforcement policy continue to be a combination of responding to specific complaints and monitoring for signs that present obvious safety concerns.

TRANSPORTATION MASTER PLAN

Not applicable.

PUBLIC CONSULTATION

The new Signs on City Roads By-law is primarily an administrative consolidation of the existing bylaws of the former municipalities. The municipalities conducted significant public consultations whenever a new or major amending by-law was implemented. Additionally, significant consultation with the public has recently occurred during the Tourism and Public Service Signs Study that dealt extensively with issues around signage on road allowances.

ENVIRONMENTAL IMPLICATIONS

There are no environmental implications.

RURAL IMPLICATIONS

Permitting farm produce related signs is providing for the needs of the agricultural community. Other signage needs should be able to be satisfied outside of the proposed Signs on City Roads By-law.

FINANCIAL IMPLICATIONS

There are no financial implications resulting from the recommendations in this report.

ATTACHMENT

Annex A Draft Signs on City Roads By-law

Annex B Summary of existing and proposed signs

Annex C Location of signs in the road allowance

DISPOSITION

The harmonized Signs on City Roads By-law will be implemented following Council approval.

ANNEX A

Draft Signs on City Roads By-law

BY-LAW NO. 2003 –

A by-law of the City of Ottawa to regulate signs and advertising devices on City roads.

DEFINITIONS

1. In this by-law:

"area" means the area of the sign face;

"boulevard" means all parts of the highway save and except any roadway, shoulder or sidewalk;

(a) "central boulevard" means that part of the highway lying between the travelled portions of a divided roadway and includes channelizing islands and medians;

(b) "outer boulevard" means that part of the highway lying between any sidewalk and the travelled portion of the roadway or the near edge of the shoulder where such exists; and

(c) "inner boulevard" means that part of the highway lying between the property line and the edge of the sidewalk nearest to the property line and where there is no sidewalk, it means that part of the highway lying between the property line and the roadway or the edge of the shoulder, where such exists, furthest from the roadway;

“bus stop" means that part of a highway designated as a point at which buses will stop to take on or let off passengers;

“business hours” means the times when a business is actually open for customers to purchase products or services;

“business improvement area” means an area designated by the City as an improvement area pursuant to the Municipal Act. 2001;

“City” means the City of Ottawa;

“City property” means any land or building owned by the City other than a highway;

"curb" means a concrete or asphalt edge or border of a roadway;

“freestanding” means placed on the ground and self-supporting without supports constructed and driven into the ground;

“General Manager" means the General Manager of the Transportation, Utilities and Public Works Department of the City of Ottawa or a designate;

"ground-mounted" means upheld by one or more supports constructed or driven into the ground for a sign’s exclusive support;

"highway" means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part or which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

"illuminated" means lighting of a sign by artificial means and includes:

(a) "internal illumination" which means the lighting of the sign face from a light source within the sign;

(b) "external illumination" which means the lighting of the sign face from a light source on the exterior of the sign; and

“intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other;

"loading zone" means the part of a highway, private property or City property set apart for the exclusive purpose of parking a vehicle to load or unload the same;

“major tourism attractor” means a facility designed to provide entertainment primarily for tourists, and which attracts at least 50,000 tourists annually, but does not include facilities designed primarily for retail shopping, or cinema theatres;

“multi-occupancy building” means a commercial or mixed use development in which a number of occupants share facilities such as parking and provide varied products and services for the general public;

“non-rigid” means constructed of a light flexible material such as cloth, plastic, paper or light weight cardboard;

“owner” means any person described on the sign, or whose name or address or telephone number appears on the sign, installed the sign, is in lawful control of the sign, or who benefits from the message on the sign, and for the purposes of this by-law there may be more than one sign owner;

“person" means an individual, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executor or other legal representatives of a person;

"place", “placing” or “placement” means affixing, attaching, installing, erecting or causing or arranging for the affixing, attaching, installing or erecting, or the renting or leasing of a sign;

“poster collar” means a structure installed on a utility pole or other structure by the City or the National Capital Commission for the placement of poster signs;

“public utility" means a board, commission, or corporation including the City, that owns or operates a public service;

"rigid" means a sign face of solid material designed to maintain a flat shape and includes plywood, plastic corrugate or heavy weight cardboard;

"roadway" means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways refers to any one roadway separately and not to all of the roadways collectively;

“shoulder" means that part of a highway immediately adjacent to the roadway and having a surface of asphalt, concrete or gravel for the use of vehicles;

"sidewalk" includes those parts of a highway set aside for the use of pedestrians or used by the general public for the passage of pedestrians and includes a pathway;

“sign” means any visual medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction, information, identification, advertisement, business promotion or the promotion of a product, activity, service or idea and includes the following:

(a) "accessory sign" means a:

(i) “business accessory sign” means an A-frame sign placed only during business hours, constructed in a manner and of materials such that it can be placed or repositioned by an individual without mechanical aid and which relates exclusively to the use on the immediately abutting premises;

(ii) “farm accessory sign” means an A-frame sign placed only during business hours, constructed in a manner and of materials such that it can be placed or repositioned by an individual without mechanical aid, and for the purpose of advertising a farm produce outlet which sells products of a person’s own raising on a related local farm; and

(iii) “residential accessory sign” means a sign which includes street or postal address information on a roadside mailbox or identification of the provider of roadside newspaper boxes for individual subscribers;

(b) “A-frame sign” means a self-supporting structure shaped like an A with one or two sign faces, with a base dimension not exceeding 0.60m. in width or 0.75m in length, and a height not less than 0.50m or greater than 1.0m;

(i) “decorative banner" means a banner placed on a utility pole or similar structure designed to support such banner by:

(1) a business improvement area, the National Capital

Commission, or the City to decorate or beautify an area or a major special event;

(2) a major tourism attractor to decorate the boulevard areas adjacent to the attraction and along the approaches to and within 1.0 kilometre of the attraction, with symbols, logos or pictures but not words representing the attraction; or,

(3) a public institution or non-profit community service provider to temporarily promote a special celebration or event such as an anniversary or fundraising event;

(ii) “street banner” means a banner that extends across a roadway and which advertises a major special event;

(d) "election sign" means a temporary sign including a poster sign or rigid ground-mounted sign advertising a candidate or political party in a municipal, school board, public utility company, provincial or federal election, and having dimensions:

(i) in the case of rigid ground-mounted sign, a sign face not greater than 460mm in width and 760mm in height, the upper extremity of which is not greater than 1.2m from the ground; and,

(ii) in the case of a poster sign, in accordance with the definition herein for a poster sign;

(e) "mobile sign" means a sign that is:

(i) temporary;

(ii) designed for the manual rearrangement of copy on the sign face; and,

(iii) by its usual character of, or attached to, a readily relocatable wheeled trailer or frame without wheels for use in another location,

but does not include:

(iv) a portable sign; or,

(v) a sign attached to a vehicle where the principle use of that vehicle is the transportation of people, goods or other materials;

(f) "official sign" means a sign placed by the City to control and regulate the movement of vehicles and pedestrians and includes a sign approved by the Ministry of Transportation of Ontario, and includes signs described in Regulation 615 to the Highway Traffic Act, R.S.O., 1990, Chapter H.8, as amended from time to time;

(g) "portable sign" means a rigid freestanding moveable sign not fastened by any means to the ground or any structure, and includes an A-Frame sign;

(h) "poster sign" means a temporary sign of non-rigid material having dimensions not greater than 280mm in width and 435mm in height with the upper extremity of the poster not greater than 2.5m from the ground;

(i) “rotary sign” means a free standing moveable sign that rotates around a central axis;

(j) “service or product finding sign” means a rigid or non-rigid sign which advertises services and products, and which contains information on how to contact the person offering such services or products, and which is not located adjacent to the premises which offers such services or products;

(k) "special event sign" means a sign that advertises or promotes a special event and:

(i) “major special event sign” means a street banner, decorative banner, or rigid sign placed on a utility pole that advertises or promotes a major special event; and,

(ii) “community special event sign” means an A-frame sign or poster sign placed temporarily to advertise or promote a community special event;

(l) “special program sign” means a sign which is part of a system or network of signs of a standard design approved for use by the City for specific information purposes, or signs which are placed on a system or network of facilities which have been provided by others for public use and includes:

(i) “City sign system” means a system of official signs of standard designs including traffic control devices that are placed and owned by or authorized by the City;

(ii) “community identification sign system” means a City sponsored sign of a standard design established by the City, that identifies or promotes the City or a part thereof and includes but is not limited to entrance signs to the City or a specific community such as a village within the City or business improvement area identification signs;

(iii) “community information sign system” means a sign of a design approved by the City which informs the public of non-profit community services or programs such as service clubs, block parents, neighborhood watch, adopt a road or park, and may provide identification of or directional information to community facilities such as churches, schools, libraries, hospitals, sports or other community facility; and,

(iv) “public service sign system” means any system of signs placed on street furniture and other facilities, provided by others for the convenience of the public in accordance with the terms of a sponsorship or partnership agreement with the City regarding responsibilities for installation, maintenance, design standard, location and advertising revenue, and includes signs on street furniture and other facilities such as information kiosks identifying business areas, community bulletin boards, telephone kiosks, bicycle racks, recycling and litter collection centres, benches, and shelters at bus stops.

(m) “wayfinding sign” means an individual sign which is not part of a wayfinding system, placed for the purpose of guiding or providing direction for the travelling public to an activity, service or product which is available at a location not immediately adjacent to where the sign is located, and includes business, real estate for sale or lease, garage sale, auction, model home and similar wayfinding signs;

(n) “wayfinding sign system” means a system or series of signs designed in partnership with the City and in locations approved by the City to provide a standardized City wide system of signs which the travelling public will come to recognize as providing certain kinds of information, and includes the following sign systems:

(i) a “homebuilders temporary wayfinding sign system” which means a system or series of signs, of standard design and in locations approved by the City which promote new developments within the City, provide direction to sales offices or model homes and are temporarily placed during the marketing of the development; and

(ii) a “tourism-oriented sign system” which provides directional information for the travelling public to scenic routes, points of interest, and tourism-oriented services and attractions;

"sign face" means that portion of the sign upon, against or through which the message of the sign is displayed, but does not include the sign structure;

“special event” means a festival or non-profit community sponsored event intended to promote involvement in city-wide or community activities and services, and:

(i) “major special event” means a special event designed to attract the local population and tourism to the City and which is attended by crowds of more than 10,000 persons and includes but is not limited to Canada Day, Winterlude, the Franco-Ontarien festival, the Jazz Festival, the Blues Festival and the Tulip Festival; and

(ii) “community special event” means a non-profit community sponsored special event designed to promote involvement in community celebrations and other activities primarily by the local population of the City or an individual or group of communities within the City;

"traffic control device" means a sign, traffic control signal or other device placed for the purpose of regulating or directing vehicular, pedestrian or other traffic within the highway and includes the utility pole, post or other supporting members, control boxes and other ancillary elements;

"utility pole" means a pole installed on a highway by the City or a public utility and includes a decorative lamp post, streetlight pole and traffic control signal pole;

“variable message” means the re-arrangement of numerals, letters or copy applied directly to the sign face and which is specifically designed and intended to be periodically re-arranged.

General Provisions and Prohibitions

General Prohibition of Signs on Highways

2. No person shall place a sign on a highway within the City except as provided in Sections 8, 9, 10, 11, 12 and 13 of this by-law.

General Prohibition of Signs on Utility Poles and Traffic Control Devices

3. No person shall place a sign on a traffic control device or on a utility pole or other pole or post except as provided in Sections 8, 9, 10, 11, 12 and 13 of this by-law.

Interference With City Maintenance Operations or Create a Safety Concern or Hazard

4. No person shall place a sign on a highway that:

(a) is on the roadway;

(b) is on the shoulder;

(d) is on a guiderail;

(e) is on the sidewalk;

(f) is on a tree or shrub;

(g) is on a decorative lamp post;

(h) in the opinion of the General Manager, impedes or obstructs City maintenance operations, including but not limited to roadway and sidewalk snow plowing and removal operations;

(i) in the opinion of the General Manager, impedes or obstructs the passage of pedestrians or vehicles, or impedes a pedestrian’s or driver’s view of a traffic control device or other physical element of the highway;

(j) is within 3m of an intersection;

(k) is illuminated or includes video, animation or other changing information;

(l) uses retro-reflective material;

(m) interferes with or obstructs a loading zone or bus stop;

(n) includes content which is in violation of any law;

(o) resembles, conceals, obstructs or obscures a traffic control device or official sign including supporting post, utility pole or structure, except that a sign which is permitted on a utility pole may be placed on a utility pole on which a no parking sign is located if it does not conceal, obstruct, or obscure the no parking sign;

(p) is attached or secured to any traffic signal control box, official sign, authorized sign, traffic signal, a pole supporting the above, bench, planter, public waste receptacle, tree guard, fence, bicycle rack, except as specifically provided elsewhere in this by-law, or by using a chain or other method of attachment other than that defined by the City;

(q) is not securely fastened to its support; or,

(r) in the opinion of the General Manager, creates a hazard, which could cause injury or result in damage to any person, property or thing.

Installation and Restoration

5. (1) No person shall place a sign on a highway:

(a) by excavating, digging, drilling, driving or cutting into asphalt, concrete, bricks or other improved hard surface for the purpose of imbedding a sign or its supports;

(b) by using nails, rivets, screws, or by drilling into wooden, aluminum or concrete poles or any other highway structure for the purpose of placing a sign or its support;

(c) in a location and in a manner which may damage a public utility and no sign support shall be driven into the ground to a depth:

(i) greater than 300mm without first obtaining permission from any public utility having underground utilities within the highway; or,

(ii) less than 300mm without obtaining locate information, if necessary to ensure that no damage occurs to any underground utility.

(2) The location at which a sign has been placed shall be restored, upon its removal, to a condition satisfactory to the General Manager and, if it is not, the General Manager may restore the location and recover the costs of doing so from the sign owner.

Must Comply With All Applicable Laws – Provincial, Federal, Private Property

6. Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws which regulate signs, or for obtaining the approval of the Federal or Provincial governments or agencies thereof as required, or for obtaining the approval of the property owner or owner of a utility pole or other structure on which a sign is located.

Specifically Prohibited Signs

7. Nothing in this by-law permits a person to place any of the following signs on a highway:

(a) mobile sign;

(b) ground-mounted sign other than an election sign;

(d) service or product finding signs except in the form of a poster or a sign permitted as part of a public service sign system; and

(e) wayfinding sign.

Exceptions Subject To Meeting All Other Provisions

Accessory Signs, Election Signs, Community Special Event Signs, Poster Signs

8. Despite Sections 2 and 3 of this by-law, but subject to the following and other provisions of this by-law, the following signs may be placed on a highway if placed or erected in accordance with City guidelines, if any, as defined by the General Manager.

Residential Accessory Signs

(1) Residential accessory signs on an outer boulevard on either side of the roadway along the frontage of the premises receiving roadside delivery services provided the mail or newspaper box on which it is placed does not overhang the shoulder or roadway or interfere with City maintenance operations.

Business Accessory Signs

(2) Business accessory signs on an inner or outer boulevard, only where the physical location of the building in which the business resides is so close to the highway so as to preclude the sign from being located off the highway, and provided that:

(a) no sign is placed within 0.5m of a curb or sidewalk, or where there is no curb or sidewalk, within 2.0m of the roadway or within 0.5m of the edge of a shoulder where such exists;

(b) no sign is placed adjacent to a loading zone or within 20.0m of the approach side or 10.0m of the leaving side of a bus stop;

(c) no more than one sign is placed for each business and it is located immediately adjacent to the place of business within the area that would be formed if its leasehold or other property lines were projected into the boulevard;

(d) no sign is located immediately adjacent to a multi-occupancy building within the area that would be formed if its leasehold or other property lines were projected into the boulevard; and,

(e) the sign is placed only during business hours.

Farm Accessory Signs

(3) Farm accessory signs on an inner or outer boulevard, provided that:

(a) the signs are placed within 500m from the entrance to or location of a farm produce outlet;

(b) no more than one sign is placed for each approaching direction;

(d) the sign is placed only during the hours of operation of the farm produce outlet.

Election Signs

(4) Election signs on an inner boulevard, provided that:

(a) the sign is not placed more than 30 days immediately preceding the election date;

(b) no sign is placed within 0.5m of a sidewalk, or where there is no sidewalk, within 2.0m of the roadway or within 0.5m of the edge of a shoulder where such exists; and

Community Special Event Signs

(5) Community special event signs on an inner or outer boulevard, provided that:

(a) the sign is not placed more than 21 days immediately preceding the special event date;

(b) no sign is placed within 0.5m of a curb or sidewalk, or where there is no curb or sidewalk, within 2.0m of the roadway or within 0.5m of the edge of a shoulder where such exists; and,

Poster Signs

(5) Poster signs on a utility pole located on an inner or outer boulevard, or on a community bulletin board, in accordance with the following provisions:

(a) not more than one poster sign per owner providing the same information or advertising the same company, organization, service, product, message or event is placed on the same utility pole or community bulletin board;

(b) the utility pole does not support a traffic control device other than a no parking sign;

(c) the poster sign is not attached by way of a self adhesive backing, glue, thumbtacks, nails or any other metal device, other than staples;

(d) the date the poster sign is placed is displayed on the lower right hand corner in characters not less than 5mm in height;

(e) the poster sign is removed within 21 days of the date the poster sign was placed or within 48 hours of the occurrence of an event advertised on the poster sign, whichever is the shorter period; and

(f) no poster sign shall be placed on a utility pole within 200m of a poster collar.

(7) Poster signs on a poster collar provided that:

(a) there is on the poster collar only one poster sign per owner providing the same information or advertising the same company, organization, service, product, message or event;

(b) it is attached with tape; and,

(c) it is removed by 8:00 a.m. on the first or fifteenth day of each month, after which time the City or the National Capital Commission may remove or cause to be removed the poster sign.

Banners

9. Despite Sections 2 and 3 of this by-law, a person may place a decorative banner or street banner on a highway if a permit has been issued by the General Manager.

(1) In the case of decorative banners and street banners, the General Manager shall issue a permit provided that:

(a) the applicant provides such information as the General Manager may require;

(b) a processing fee of fifty dollars ($50.⁰⁰) is paid per group of decorative banners and per street banner, which is not refundable in whole or in part;

(c) an inspection fee of fifty dollars ($50.⁰⁰) is paid per group of decorative banners and per street banner, which is not refundable in whole or in part;

(d) the applicant enters into an agreement to indemnify and save harmless the City and the owner or lessee of the utility pole or structure from all claims of liability that may occur as a result of the presence of the decorative banner or street banner; and,

(e) the applicant secures third party liability insurance with a minimum limit with no deductibility provision, of two million dollars inclusive, for bodily injury and property damage for any one occurrence, with the City and the owner or lessee of the utility pole shown as an additional named insured, and provides to the City an original signed certificate of insurance for such policy, such certificate to be in a form and with an insurance company acceptable to the City.

(2) In the case of a decorative banner, an application for an annual permit may be approved by the General Manager, provided that:

(a) the total sign face area of the decorative banner placed per pole does not exceed 1.4m², except this shall not apply if the supporting pole has been specifically designed and equipped to accommodate a larger decorative banner;

(b) permission is obtained from the owner or lessee of the utility pole to which the decorative banner will be attached;

(c) the applicant abides by specific fastening conditions stipulated by the owner or lessee of the utility pole to which the decorative banner will be attached;

(d) where deemed necessary by the General Manager, the decorative banner is erected by the City at the applicant’s cost;

(e) the highest extremity of the decorative banner is a maximum of 5.0m, as measured from the ground unless the supporting pole has been specifically designed and equipped to accommodate a decorative banner;

(f) the lowest extremity of the decorative banner is a minimum of 3.0m, as measured from the ground; and

(g) the General Manager may renew the permit annually.

(3) In the case of a street banner, an application for a permit may be approved by the General Manager provided that:

(a) permission is obtained from the owner or lessee of the utility pole to which the street banner will be attached;

(b) the applicant abides by specific fastening conditions stipulated by the owner or lessee of the utility poles or other structures to which the ends of the street banner will be attached;

(d) the lowest extremity of the street banner is a minimum of 6.0m, as measured from the centreline of the roadway;

(e) the street banner is only placed for the purpose of informing the public of an event with a specific date, and is not placed more than 21 days immediately preceding the event date, and is removed within 48 hours immediately following the event date; and

(f) no more than two (2) street banners are placed per event.

(4) No banner application shall be approved that includes statements, words, or pictures of an obscene, pornographic, immoral, racist or sexist nature, or promotes or advertises tobacco or alcohol products.

Rigid signs on utility poles

10. Despite Sections 2 and 3 of this by-law, a rigid sign may be placed on a utility pole located in an inner or outer boulevard for a major special event, provided that:

(1) it is placed by the City in partnership with the sponsor of a major special event;

(2) the signs are provided to the City at the sponsor’s cost;

(3) where deemed necessary by the General Manager, the City’s costs for placing such signs shall be paid by the event sponsor;

(4) the sign is not placed more than 21 days immediately preceding the special event date and removed within 48 hours following the major special event date;

(5) permission is obtained from the owner or lessee of the utility pole to which the sign will be attached;

(6) specific fastening instructions stipulated by the owner or lessee of the utility pole are complied with; and,

(7) no rigid sign has dimensions greater than 0.9m in width and 1.2m in height and the lowest extremity of the sign is at least 2.0m as measured from the ground.

Community Identification Sign Systems, Community Information Sign Systems and Tourism-Oriented Sign Systems

11. Despite Sections 2 and 3 of this by-law, a sign which is part of a community identification sign system, a community information sign system, or a tourism-oriented sign system may be placed on a highway by the General Manager, and the person requesting the sign system may be required by the General Manager to pay for the cost of installing the sign and the cost of the sign and required materials.

Public Service Sign Systems

12. Despite Sections 2 and 3 of this by-law, a person may place a sign on a highway that is part of a public service sign system provided it is of a type and design and in a location defined in the terms of a partnership or sponsorship agreement with the City.

Homebuilders Temporary Way-finding Sign Systems

13. (1) Despite Sections 2 and 3 of this by-law, a person may place a sign on a highway which is part of a homebuilders temporary wayfinding sign system if an annual permit has been issued by the General Manager, and the General Manager shall issue a permit provided that:

(a) the applicant provides such information as the General Manager may require;

(b) the applicant obtains a road cut permit from the City;

(c) a processing and technical review fee of one hundred dollars ($100.⁰⁰), and an initial annual permit fee of one thousand dollars ($1,000.⁰⁰) are paid for each system of signs, both of which are not refundable in whole or in part;

(d) the applicant enters into an agreement to indemnify and save harmless the City from all claims of liability that may occur as a result of the homebuilder temporary wayfinding sign system being placed on the highway;

(e) except in so far as insurance protection is required by the City’s Road Cut By-law, the applicant secures third party liability insurance with a minimum limit and no deductibility provision of one million dollars inclusive, for bodily injury and property damage for any one occurrence, with the City shown as an additional named insured, and provides to the City an original signed certificate of insurance for such policy, such certificate to provide that 30 days prior written notice shall be given to the General Manager in the event of any material amendment to or cancellation or termination of the policy and to be in a form and with an insurance company acceptable to the City; and,

(f) the applicant enters into an agreement with the City by which the applicant agrees that:

(i) the sign will be built to City standards;

(ii) the sign will be built with a maximum of three (3) builder name panels, one of which will be used by the applicant;

(iii) the two remaining panels will be made available to subsequent homebuilders, upon request of those homebuilders;

(iv) the subsequent homebuilders may install panels, to be constructed and installed at their cost; and,

(v) the applicant will recover from subsequent homebuilders no more than one third of the combined prorated cost of the road cut permit fee, the administrative and permit fees paid pursuant to this by-law, the construction costs of the base sign, and any insurance costs.

(2) No person shall install a builder name panel without the permission of the permit holder.

(3) The annual permit referred to in subsection (1) of this Section may be renewed by the applicant, by application to the City, and by payment of a renewal permit fee of one thousand dollars ($1,000.⁰⁰) for each system of signs, which is not refundable in whole or in part.

Confederation Boulevard

14. (1) In this section Confederation Boulevard means the highways of:

(a) Elgin Street between Wellington Street and Lisgar Street;

(b) Wellington Street/Rideau Street between the Ottawa River Parkway and Sussex Drive;

(d) St. Patrick Street between the Alexandra Bridge and Sussex Drive; and,

(e) MacKenzie Avenue between Murray Street and Rideau Street.

(2) No person shall place a sign on Confederation Boulevard without prior approval from the National Capital Commission.

(3) A sign on Confederation Boulevard is otherwise subject to the provisions of this by-law.

ENFORCEMENT

15. The General Manager is responsible for the administration of this by-law and the by-law may be enforced by Municipal By-law Officers appointed by the City.

REMOVAL AND FEES FOR REMOVAL AND RETRIEVAL

16. The following provisions shall apply to the removal of signs:

(1) No person shall remove or cause to be removed any lawfully placed sign, other than persons authorized by this By-law or the owner of the sign.

(2) The General Manager may remove or cause to be removed immediately without notice, and at the expense and risk of its owner, a sign that is placed or operated in contravention of this by-law.

(3) Except in the case of a poster sign which need not be stored by the City, a sign removed pursuant to this section shall be stored by the City for at least 30 days, during which time the owner or agent may retrieve the sign upon payment to the City of fifty dollars ($50.⁰⁰) for each sign with a sign face of less than 1.0m², one hundred dollars ($100.⁰⁰) for each sign with a sign face of 1.0m² or greater but less than 2.0m², and one hundred and fifty dollars ($150.⁰⁰) for a sign with a sign face of 2.0m² or greater.

(4) Where a sign is so large or so placed that the cost of taking it down and removing it exceeds the amount provided in subsection (3) hereof, the amount provided in subsection (3) hereof shall not apply and the amount shall be the City’s cost of taking down, removing and disposing of the sign, plus an administrative fee of 15%.

(5) Where a sign has been stored for a period of at least 30 days or in the case of poster signs not stored, the sign or poster sign may be destroyed forthwith or otherwise disposed of by the City without any notice or compensation to the owner thereof.

(6) The City shall not be liable for any damage to or loss of a sign that was displayed in contravention of the provisions of this by-law and removed by the General Manager.

(7) The City shall not be liable for any loss of revenue resulting from the removal of a sign pursuant to the provisions of this by-law.

(8) Despite subsection (1), a public utility performing a maintenance function on a utility pole may take down or remove or cause to be removed immediately without notice, and at the risk of its owner, a sign or poster that interferes with the public utility’s maintenance function.

LIABILITY, OFFENCES AND PENALTIES

Liability

17. The owner of and any persons placing, erecting or maintaining any sign or sign structure shall be liable and responsible for such sign or sign structure. The City is hereby indemnified from and against all manner of claims for damages, loss, expense or otherwise arising from the placement, erection, maintenance, removal or falling of such sign, sign structure, or part thereof.

Offence and Penalties

18. (1) Every person who contravenes any provision of this by-law is guilty of an

offense.

(2) Every person who is convicted of an offence is liable to fine of not more than five thousand dollars ($5,000.⁰⁰) as provided for in the Provincial Offences Act, R.S.O. 1990. Chapter P.33, as amended.

(3) When a person has been convicted of an offence under this by-law:

(a) the Ontario Court of Justice; or,

(b) any court of competent jurisdiction thereafter,

may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the act by the person convicted directed toward the continuation of the offence.

VALIDITY AND LAWFULLY EXISTING SIGNS

Validity

19. If a court of competent jurisdiction declares any provision or part of a provision of this by-law to be invalid or of no force and effect, it is the intention of the Council in enacting this by-law, that each and every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law.

Lawfully Existing Signs

20. Nothing in this by-law prohibits or regulates signs or other advertising devices lawfully erected or displayed on the day the by-law comes into force, if the sign or advertising device is not substantially altered, and the maintenance and repair of the sign or advertising device or a change in the message displayed shall be deemed not in itself to constitute an alteration.

BY-LAW NOT APPLICABLE

21. The provisions of this by-law do not apply to a sign placed:

(a) by the City;

(b) by the City as a traffic control device, or which is part of a City sign system;

(d) as a permanent or temporary aerial encroachment pursuant to the City’s Encroachment By-law, which is affixed to a building.

HEADINGS

22. The headings contained in this by-law are for the purposes of convenience and reference only, and do not form part of this by-law.

INTERPRETATION

Abbreviations

23. (1) In this by-law, the following abbreviations and symbols stand for the words respectively set forth opposite thereto as follows:

m - metre

m² - square metre

mm - millimetre

Distances

(2) Where a distance is used in this By-law as part of a prohibition within a specified distance of an object, structure, land or part of a highway, such distance shall be measured:

(a) along the curb or edge of the roadway from a point in such curb or edge opposite such object, structure, land or part of a highway, unless the context otherwise requires; and,

(b) from such point in the curb or edge in all directions.

REPEAL AND CONFLICT WITH OTHER BY-LAWS

24. The signs described in this by-law and their placement on City highways are exempt from the provisions of the City’s Encroachment By-law and amendments thereto.

25. The following by-laws are repealed;

(a) City of Ottawa By-law 121-96;

(b) Part 2.12 of the Regulatory Code of The Regional Municipality of Ottawa Carleton;

(d) City of Nepean By-laws 165-93, 07-94; 102-94, 57-95 and 97-95;

(e) City of Gloucester By-laws 71 of 1991 and 79 of 1991; and,

(f) Township of Goulbourn By-law 7-99.

26. In the event of any conflict between the provision of the following by-laws and amendments thereto regarding the regulation of signs on highways, the provisions of this by-law shall prevail, but nothing in this by-law shall invalidate the enforceability of other provisions of such by-laws:

(a) Village of Rockcliffe By-law 88-33;

(b) City of Kanata By-laws 147-95 and 66-98;

(d) Township of Goulbourn By-law 23-96;

(e) City of Vanier By-law 3256;

(f) City of Nepean By-law 002-99;

(g) Township of Rideau By-law 84-82; and

(h) Township of West Carleton By-law 55-1997.

TITLE

27. This by-law shall be known as the Signs on City Roads By-law.

EFFECTIVE DATE

28. This by-law takes effect on the day of its final passing.

ENACTED AND PASSED this day of , 2003.

CITY CLERK MAYOR

NATURE OF REGULATION	JUSTIFICATION
Signs prohibited on traveled surface of roadway, sidewalk and shoulder	Creates a safety hazard
Signs prohibited on central boulevard and channeling island	Signs could obstruct view and distract attention of motorists and cyclists
Signs prohibited on an official or authorized sign or a traffic control signal	Signs could cause confusion for motorists and cyclists and take attention away from message on sign or traffic control signal
Signs prohibited on a pole supporting an official or authorized sign or a traffic control signal, other than a poster	Same reasons as above; posters being excepted because of court ruling that posters have historical precedent to be attached to publicly owned poles
Signs prohibited on trees and shrubs	A reasonable restriction with minimal impact on free expression intended to preserve aesthetic appearance of the roadway, and minimize maintenance and replacement costs
Signs prohibited on a decorative light standard, bench, planter, public waste receptacle, tree guard, bus stop pole, fence or a bicycle rack	Results in higher than normal maintenance cost because of damage to paint caused by glue
Signs prohibited on a guiderail	Creates a safety hazard by distracting attention of motorists and cyclists
Signs prohibited that impede or obstruct municipal maintenance operations	Efficient road maintenance operations must be preserved - signs have to be removed before work can commence - may create a safety hazard for employees
Signs prohibited that are an imitation or resemble an official sign, an authorized sign or a traffic control signal	Creates confusion for motorists and cyclists
Signs prohibited that conceal, obstruct or obscure an official sign, an authorized sign or a traffic control signal	Creates a safety hazard because sign message is concealed
Signs prohibited that are illuminated internally, illuminated externally with auxiliary lighting or accentuated by intermittent illumination	Distracts the attention of motorists and cyclists
Signs prohibited that have a variable message face	Distracts the attention of motorists and cyclists
Signs prohibited that are not securely fastened to their supports	Creates a safety hazard because sign may separate from support
Signs prohibited that utilize retro-reflective material	Distracts the attention of motorists and cyclists at night because light is reflected back to light source - motorists may confuse sign for an official or authorized sign
Signs prohibited where supports have to be embedded in a hard surface such as asphalt, concrete, or bricks	Creates damage that is expensive to repair
Drilling, riveting or nailing into wooden, aluminum or concrete is prohibited	Creates damage that shortens service life of pole
Signs must be removed within 48 hours of time authorized in by-law	Reduces the visual blight created by the presence of out-of-date signs
Election signs not to be placed within 0.5m of a sidewalk, or where there is no sidewalk, within 2.0m of the roadway or within 0.5m of a shoulder where such exists	Ensures a buffer area for official and authorized signs - ensures that private signs will not obstruct motorists and cyclists
Posters are not to be attached to a pole with self-adhesive backing, glue, thumbtacks, nails or any other metal device, other than staples	Metal fasteners create a safety hazard for public utility employees, and glued posters are difficult to remove