Centre Wellington council, in committee of the whole, has approved its community electronic sign policy – but later learned such signs could eventually invite lawsuits.
The policy was designed to provide “fair and equitable access to the community electronic signs at the Sportsplex in Fergus and the fire hall in Elora.”
Those are in place, according to a report from parks and recreation director Andy Goldie, to provide communications of specific information across the community.
The priority given to messages is:
– township emergency notification;
– township public information;
– township rental fee information;
– minor Sports specific information;
– community organizations that receive grants from council, with council having to specifically approve any additions to that list;
– not-for-profit organizations and their special events (a fee of $75 a week applies for both signs, with messages appearing for a maximum of seven days).
Goldie said all messages would appear on both signs to offer the best communication.
The policy further included strictures on what may appear. It allows publicity for events at township facilities such as the two community centres, Belwood Hall, Victoria Park Senior Centre, Fergus Grand Theatre, and parks and open space.
Only tournament or special game or event information is to be posted, and not weekly Sports activities. Commercial organizations and business who rent township facilities are allowed use of the signs to promote their events.
Signs advertising such things as stag and does are not permitted due to Alcohol and Gaming Commission of Ontario regulations.
Sports messages can include such things as annual general meetings.
Not-for-profit groups holding events in the township will be able to purchase messages. The fee is $75 for the first week and $50 for the second. Any messages that need to be placed in a hurry will incur a fee of $50.
The policy noted who will not be permitted to purchase a message. Those include organizations and businesses, individual messages, religious affiliations and political organizations.
The policy also notes false, misleading or deceptive messages are prohibited and promotion of alcoholic beverages and tobacco products is also prohibited.
Councillor Kirk McElwain said the Business Improvement Area in Elora needs more than one sign to promote its events. He said the current sign bylaw removed several venues for advertising and he would like to revisit that again for both township BIAs.
Councillor Mary Lloyd agreed, and also said groups that are advertising and have messages pre-empted for emergencies should receive a refund.
Goldie said the signs can handle 20 to 30 messages at a time, and noted staff are being asked to look at ways to generate revenue. He said the policy is designed to be fair, and promotes revenue generation, plus provides some free messages.
He said messages are staying on the sign for 30 seconds now, but that might be reduced to 15 seconds.
“They’re starting to be a little bit too long,” said Goldie.
Chief building official Bob Foster pointed out the township is not the only entity providing electronic messaging, and some places have their own electronic signs.
Councillor Steve Vanleeuwen said the township should revisit its sign bylaw.
Councillor Fred Morris asked about how the township will define special interest groups and their particular causes.
Goldie said the township can refuse such messages.
Morris said that could “open us up to discrimination charges.” He added it is more difficult to close a loophole after it is opened.
Morris said the township should exclude any special interest group.
Lloyd said that could be done referring to the policy.
Council then approved the electronic sign policy.
Vanleeuwen then moved that the township reconsider all aspects of its sign bylaw and how it can be used to promote community events.
Mayor Joanne Ross-Zuj suggested that motion be more specific.
Vanleeuwen said he would like to know how community groups particularly churches, can get their messages out. He said he wants to look at how the sign bylaw is functioning.
Councillor Walt Visser said, “I like to think the council is always open to the public and all its frustrations.”
He said sign bylaws are incredibly complex and it took Centre Wellington ten years to finally get a sign bylaw in place. He said council should use care and “don’t mess with it.”
Councillor Kelly Linton said he could not support the motion until he knows how such a review would work.
Foster said the township has had no negative feedback on the bylaw, and heard nothing from church groups.
Foster said church events could be treated like garage sale promoters with signs going up three days ahead of an event. Churches can also use mobile signs on private property and partner with a church member to erect a sign on private property.
McElwain said he has heard complaints from Bethel Church that it has no way to publicize its events. He said taxpayers have put money into electronic signs and the one in Fergus is easy to read, but the one in Elora is not so legible, and council needs to look at adding more.
Council then voted to take a final look at its sign bylaw, and that carried, with Linton and Lloyd opposed.
Distracted driving
During question period, the Advertiser reporter noted distracted driving is against the law and questioned the difference between looking up and down at a text message or reading a book and looking left and right while driving to see a text message on a sign.
Public works director Ken Elder said township officials have had some discussions on that issue.
“We’re waiting for a lawsuit from some place in Ontario at some point in time,” Elder said of electronic message signs.
The reporter also noted that movement on electronic signs is banned in the current sign bylaw.
Foster said there is no moving text on the township signs. It appears and then disappears without any movement.
However, a drive by the Fergus sign later that night showed moving text promoting a website running from right to left underneath the community messages.
