By-law 119-2017, as amended, regulates the erection and display of signs within the Town of Fort Erie. Section 8 of By-law 119-2017 pertains to Election Signs and is reproduced below.
8.0 Election Signs
8.1 Election signs may be erected or displayed on private property, provided that such signs:
- shall not be erected or displayed earlier than 45 days prior to Election Day, and in the case of federal and provincial elections, shall not be erected or displayed before the official date of notice of Election Day;
- shall be removed within five (5) days following Election Day;
- where erected or displayed on lands zoned residential, shall not exceed 1.2 square metres (12.9 square feet) in display area; and
- where located on non-residential lands, shall not exceed 3.0 square metres (32.3 square feet), with the exception of billboard signs where permitted.
8.2 Election signs shall not be erected or displayed on public property, including trees and fences on public property, parks and cemeteries, and street medians and islands, subject to Subsection 8.3.
8.3 Notwithstanding Section 8.2, election signs may be erected or displayed on the untraveled portion of a street (excluding medians and islands) provided that no sign shall be erected or displayed in front of a lot which is not a vacant lot, unless the lot owner’s permission therefore has been obtained.
8.4 Election signs where permitted on a street shall not be located closer than 1 metre (3.3 feet) to the curb or edge of the travelled portion of a street where there is no curb, and shall not exceed 1.2 square meters (12.9 square feet) in display area and shall not obstruct sight lines at intersections and driveway entrances.
8.5 Election candidates shall be responsible for compliance with the signage by-laws and regulations of The Regional Municipality of Niagara and Province of Ontario (including the Ministry of Transportation) as the case may be.
8.6 Election signs shall not be erected or displayed on utility poles, light standards, or traffic signal standards.
8.7 Election signs shall not be erected or displayed on property upon which an election polling station is located.
8.8 Vehicles displaying election signs shall not be parked or driven on the property of a polling station, nor be parked on the street abutting a polling station throughout Election Day or during an advance poll.
8.9 Election signs or vehicles displaying election signs in violation of this Section 8.0 may be caused to be removed by the Designated Official, without notice to the candidate or his/her representative.
8.10 Election signs caused to be removed by the Designated Official as provided in Subsection 8.9 shall be stored by the Town for a period of not less than thirty (30) days. The owner shall be notified by the Designated Official that the sign(s) is being stored and may be retrieved without fee or charge. If within the thirty (30) day period, the owner does not retrieve the sign(s) from the Town, the sign(s) shall be disposed of by the Town without any further notice and without liability to the Town.
8.11 In the event of a municipal Ward by-election, election signs shall not be erected or displayed outside the boundary of the Ward.
Regional Municipality of Niagara By-law No. 122-2013 provides as follows;
4. No person shall place or allow an election sign to be placed on a Regional road.
5. On a lot adjacent to a Regional road, no person shall place a ground sign within 1.0 metre of the street line.
6. On a lot adjacent to a Regional road, no person shall place a sign within a
visibility triangle determined as follows:
- In the case of a driveway, the visibility triangle shall be the area enclosed by a line along the limits of the driveway and the street line measured to a point 5.0 metres back from the intersection of the street line and the limit of the driveway;
- Notwithstanding section 6.(a), a sign that does not exceed 1.2 metres in height may be placed in the visibility triangle provided it is placed a minimum distance of 2.0 metres from the street line;
- In the case of an intersection of a road with a Regional road, the visibility triangle shall be the area enclosed by each of the street lines measured to a point 8.0 metres back from the intersection of the street lines.
The Niagara Parks Commission sign policy provides as follows;
2.7(a) election signs cannot be located on Commission lands or structures. Election signs on abutting lands, within NPC limits, must be no larger than 0.60 sq metres and removed the day after the election.
Displaying a Sign
The Municipal Elections Act, 1996 states that no person shall display a candidate’s election campaign material or literature in a voting place. Voting place means the entire real property, both inside and outside.