Definitions

1   In this

"boulevard" has the same meaning as in the Street and Traffic Bylaw;

"building" has the same meaning as in the Sign Bylaw;

"candidate" includes

(a) an individual who intends to become a candidate in an election,

(b) an individual who seeks or intends to seek endorsement by a political organization in relation to an election, and

(c) in relation to obligations applicable under this bylaw to an individual as a candidate, an individual who was a candidate;

"centre median" means an area designated for the segregation of lanes of traffic on a roadway, designated either by lines or by landscaping;

"display" has the same meaning as in the Sign Bylaw;

"election sign" means a sign, sign board, advertisement, advertising device or structure that is

(a) election advertising as defined in the Canada Elections Act,

(b) partisan advertising as defined in the Canada Elections Act,

(c) election advertising as defined in the Election Act,

(d) assent voting advertising as defined in the Local Elections Campaign Financing Act,

(e) directed advertising as defined in the Local Elections Campaign Financing Act,

(f) election advertising as defined in the Local Elections Campaign Financing Act,

(g) non-election assent voting advertising as defined in the Local Elections Campaign Financing Act,

(h) initiative advertising as defined in the Recall and Initiative Act,

(i) non-petition period recall advertising as defined in the Recall and Initiative Act,

(j) petition period recall advertising as defined in the Recall and Initiative Act, or

(k) recall advertising as defined in the Recall and Initiative Act;

"election sign period" means,

(a) in relation to an election as defined in the Canada Elections Act, the election period as defined in the Canada Elections Act,

Note: The election sign period for a federal election begins with the issuance of the writ and ends on polling day or withdrawal of the writ.

(b) in relation to an election as defined in the Election Act, the campaign period as defined in the Election Act,

Note: The election sign period for a provincial election begins when the election is called and ends at the close of final voting for the election.

(c) in relation to an election as defined in the Local Elections Campaign Financing Act, the period between when the nomination period as defined in section 47 of the Local Government Act begins and the close of general voting,

Note: The election sign period for a municipal or school board election begins at 9 a.m. on the forty-sixth day before general voting day and ends at the close of general voting.

(d) in relation to assent voting as defined in the Local Elections Campaign Financing Act, the assent voting proceedings period as defined in the Local Elections Campaign Financing Act,

Note: The election sign period for local government assent voting begins four weeks before general voting day and ends at the close of general voting.

(e) in relation to an initiative petition as defined in the Recall and Initiative Act, the initiative petition period as defined in the Recall and Initiative Act,

Note: The election sign period for an initiative petition begins when an initiative petition application is approved in principle by the chief electoral officer and ends on the last day for signing the petition or, if earlier, when the petition is submitted to the chief electoral officer.

(f) in relation to an initiative vote as defined in the Recall and Initiative Act, the initiative vote period as defined in the Recall and Initiative Act, and

Note: The election sign period for an initiative vote begins 60 days before general voting day and ends at the close of general voting.

(g) in relation to a recall petition as defined in the Recall and Initiative Act, the recall petition period as defined in the Recall and Initiative Act;

Note: The election sign period for a recall vote begins when the chief electoral officer publishes notice of approval in principle of the recall petition and ends on the last day for signing the petition of, if earlier, when the petition is submitted to the chief electoral officer.

"financial agent" means,

(h) in relation to a candidate as defined in the Canada Elections Act, the official agent as defined in the Canada Elections Act,

(i) in relation to a registered party as defined in the Canada Elections Act, a registered agent as defined in the Canada Elections Act

(j) in relation to

(i) a political party,

(ii) a constituency association,

(iii) a candidate,

(iv) a leadership contestant, and

(v) a nomination contestant

as defined in the Election Act, the financial agent as defined in the Election Act,

(k) in relation to a candidate or elector organization as defined in the Local Elections Campaign Financing Act, the financial agent as defined in the Local Elections Campaign Financing Act, and

(l) in relation to,

(i) an initiative petition,

(ii) an initiative vote, and

(iii) a recall petition

as defined in the Recall and Initiative Act, the financial agent as defined in the Recall and Initiative Act;

"general voting day" means polling day under the Canada Elections Act, or general voting day under the Local Government Act, School Act (BC) or Election Act (BC), whichever is applicable;

"grade" has the same meaning as in the Sign Bylaw;

"highway" has the same meaning as in the Street and Traffic Bylaw;

"island" means the area between traffic lanes for control of vehicle movement or pedestrian refuge;

"official mark" includes any City slogan, wordmark, phrase, tartan, coat of arms, or flag;

"park" has the same meaning as in the Parks Bylaw;

"place" means place, erect, affix or attach;

"political organization" means

(a) an "elector organization" within the meaning established in the Local Government Act,

(b) a "campaign organizer" within the meaning established in the Local Government Act,

(c) a "political party" within the meaning established in the Election Act (BC) or Canada Elections Act,

(d) any incorporated or unincorporated organization which promotes or opposes the election of a candidate,

(e) any incorporated or unincorporated organization which approves or disapproves of a course of action advocated by a candidate or another political organization,

(f) any incorporated or unincorporated organization which promotes or opposes an issue that is the subject of a referendum or plebiscite, or

(g) any incorporated or unincorporated organization which promotes or opposes a recall or initiative campaign;

"roadway structure" means a bridge, overpass, guardrail, retaining wall, fence, concrete barrier, fire hydrant, street light pole, utility pole and crosswalk pole;

"senior manager, bylaw services enforcement" means the senior manager responsible for bylaw services enforcement of the City, and includes a person acting under the authority of the senior manager;

"sidewalk" has the same meaning as in the Street and Traffic Bylaw;

"sign face" means the display area of an election sign on which lettering, symbols or pictures appear;

"structure" has the same meaning as in the Building Bylaw;

"third party sponsor" means "third party" under the Canada Election Act, or third party sponsor under the Local Elections Campaign Financing Act (BC);

"traffic control device" has the same meaning as in the Street and Traffic Bylaw.

Interpretation

2   The Interpretation Bylaw applies to this bylaw.

Election signs may only be placed during election periods

3   A person must not sponsor, or publish, broadcast or transmit to the public, any election sign except during an election sign period.

Election signs exempt from Sign Bylaw

3.1   The Sign Bylaw does not apply to an election sign placed in accordance with this bylaw.

Election signs must identify third party sponsor

3.2   A person must not sponsor, or publish, broadcast or transmit to the public, any election sign unless the election sign

(a) identifies the name of the third party sponsor or, in the case of a candidate or a political organization, the name of the financial agent, and

(b) gives a telephone number and e-mail address at which the third party sponsor or financial agent may be contacted regarding the election sign.

General restrictions on election signs

3.3   A person must not sponsor, or publish, broadcast or transmit to the public, any election sign that

(a) is located on a balcony or roof of a building,

(b) is placed in or on a vehicle or trailer and visible outside the vehicle or trailer,

(c) is placed on an existing sign,

(d) is unclean or requires repair,

(e) has an attachment such as a balloon, kite or inflatable device, or

(f) is illuminated, electrified, animated, moving or flashing.

Size limitations

4   A person must not sponsor, or publish, broadcast or transmit to the public, any election sign

(a) with more than 4 sign faces, where each side of an election sign with lettering is considered a separate sign face,

(b) with a sign face exceeding 3.0 m² in area, or

(c) that exceeds 2.45 metres in height as measured from the grade of the site on which the election sign is placed to the top of the election sign.

Placement on public property

5   (1) A person must not place, or permit to be placed, an election sign on

(a) a City highway or right of way,

(b) a boulevard, centre median, island or sidewalk, or in a park,

(c) any roadway structure or traffic control device,

(d) a tree, bush, planter, waste or recycling receptacle, newspaper box, mail box, sign post, bridge or overpass structure, or in any garden, or

(e) any other City-owned property, including land, buildings, structures, and equipment.

(2) As an exception to subsection (1) (b), election signs may be erected on a boulevard immediately in front of a parcel used solely for residential purposes with the consent of the property owner, occupant, or the strata corporation in the case of a parcel containing strata lots.

Placement on private property

6   Election signs may not be placed on private property without the approval of the property owner or occupant, or the strata corporation in the case of a parcel containing strata lots.

Hazardous placement

7   A person must not place, or permit to be placed, on public or private property, an election sign

(a) that overhangs City-owned property,

(b) within 3 metres of a fire hydrant,

(c) within 1.0 metres of a sidewalk, or, in the absence of a sidewalk, within 3.0 metres of a highway, a roadway structure or utility appurtenance,

(d) that obstructs, simulates or detracts from the visibility of regulatory Signs or other traffic control devices,

(e) that obstructs or otherwise interferes with sight lines or movement of motor vehicles, pedestrians, cyclists or any other highway traffic, or

(f) within 5.0 metres of a highway where the property is adjacent to an intersection.

Use of City of Abbotsford logo

8   Other than as authorized in writing by the City, no person is permitted to display on any election sign or other election advertising a logo, trademark or official mark, in whole or in part, owned or licensed by the City.

Restriction on election campaigning near election offices and voting places

8.1   While advance voting or final voting is being conducted at a voting place, a person must not do any of the following in or within 100 metres of the building where the voting is being conducted:

(a) post, display or disseminate any material that identifies a candidate or political organization unless this is done with the authorization of an electoral official presiding over the voting place or is done by or on behalf of the City in the ordinary course of business;

(b) canvass or solicit votes or otherwise attempt to influence how a voter votes;

(c) carry, wear or supply a flag, badge or other thing indicating that the individual using it is a supporter of a particular candidate or political organization;

(d) post, display, disseminate or openly leave a representation of a ballot marked for a particular candidate or political organization.

Enforcement

9   (1) If this bylaw is being contravened by the posting or display of materials, the chief election officer, another election official authorized by the chief election officer, or a bylaw enforcement officer may enter on the property where the materials are located and remove or cover or otherwise obscure them from view.

(2) An election sign removed under subsection (1) may be claimed by a candidate, financial agent, or third party sponsor within 4 business days of removal upon payment of a $50 administrative fee to defray the City's cost of removal and storage of the election sign.

(3) An election sign may be disposed of or destroyed without compensation and without notice if unclaimed in accordance with subsection (2).

Repeal

10   Bylaw No. 2386-2015, "Election Sign Bylaw, 2015", and any and all amendments, are repealed.