Haldimand Council held a special meeting last Wednesday to amend a by-law regulating or prohibiting signs and other advertising devices.
The meeting, held less than 48 hours before the Sept. 10 deadline for Municipal Council and School Trustee nominations, saw three sections of Bylaw 1064/10 amended.
County Solicitor Woody McKaig explained the reason for holding the meeting, saying, "The issue deals with election signs and whether they can be prohibited on road allowances."
McKaig said the meeting's agenda was based on, "some information that's come to light, and appropriate legal principals enunciated by the Ontario Court of Appeals and the Supreme Court of Canada."
The County gave notice of the meeting to all registered candidates for the upcoming Oct. 25 Municipal elections so they would be aware of the amendments before they begin to place their election signs.
Several candidates attended the meeting including Gary McHale who registered earlier in the day as a Council candidate for Ward 3. McHale said he had sent emails to Council in recent weeks, informing them that Section 9.4 iv) and 9.4 v) of By-law 1064/10 are unconstitutional.
The first amendment to the signage by-law dealt with enforcement provisions regarding non-compliant signs.
Under enforcement provisions, Section 5.4 previously stated the County Inspector, or anyone directed by the Inspector, could remove any sign found in contravention of any provision of the by-law, without notice.
Section 5.4 was amended to read that notice will be given to the owner of the sign with a recommendation by CAO Don Boyle that owners of uncompliant signs be given 24 hours notice before the signs are removed.
Council also dealt with Section 9.4 that regulates election signs. Section 9.4 v) previously read: Election signs shall not be erected in a road allowance. The section now reads: Election signs shall not be located, erected, posted, placed or otherwise displayed on road allowances save and except as allowed under 9.10 of this by-law.
Section 9.10 of the by-law actually deals with compliance of poster signs. Section 9.10 ii) was amended with two additions to compliance.
The section states a poster sign can't be placed in the median of a road allowance, or on a sign or traffic control erected by the County to control traffic and parking.
Posters can't be erected closer than 30 metres from a community bulletin board.
Additions to the section state posters must be printed on paper and must be flush to the surface of the structure with water soluble paste or removable tape.
For the candidates, the amendments mean they can place paper election signs of a certain size on poles other than on traffic and parking poles in a road allowance.
The day after the meeting McHale said it will be difficult to find paper election signs.
While discussing the reason for the meeting, McKaig pointed out the amended by-law is less restrictive than a City of Brampton by-law. McKaig said, in that city of around 400,000, there are 70 poles with plastic sleeves where candidates are allowed to post election posters.