By Mark Kuiack
The region just improved its postering bylaw, and now Centretown residents want their councillors to improve the way it’s enforced.
Last month, Ottawa-Carleton plugged a loophole in its signs bylaw because it was open for abuse.
The original bylaw allowed only one poster advertising “the same information” per utility pole. Some businesses used different colours and wording to get around the rule.
Despite the improvement, residents are doubtful that businesses will stop over-postering because the city and region are not enforcing their bylaws.
“Unfortunately city and regional councillors pass these bylaws but don’t give their officials the tools to deal with them,” says Centretown resident David Blackman.
Blackman is part of what he calls a “silent army” of citizens who tear down outdated posters that build up and become an eyesore for residents.
“Bank Street has become a real rundown drag,” Blackman says.
The city and the region have similar postering bylaws requiring advertisers to remove posters within 21 days of being posted, or within 48 hours of the event’s completion, which ever comes first. Both bylaws carry a fine of $5,000.
But Centretown Coun. Elisabeth Arnold says enforcement is on a complaint basis only and fines are a last resort after warnings.
She says the city bylaw can’t be enforced because offenders have to be caught in the act.
“The bottom line is we need an enforceable bylaw,” Arnold says. “If you can’t enforce it, it might as well not be there.”
Diane Holmes, regional councillor for Somerset Ward, says the regional bylaw is as hard to enforce because of the lack of money available for issuing fines and removing posters.
“Ultimately, there has to be money for these two programs and at the moment there isn’t,” says Holmes.
Earlier this year, despite Holmes’ support, regional council rejected a $60,000 request for road maintenance. Some of that would have gone to covering the costs of removing tattered posters from utility poles.
One alternative being studied by the City of Ottawa is increasing the number of poster collars. The designated poster areas have already been placed in the Byward Market. The city is expecting a report this fall on whether more poster areas would keep advertising off utility poles.
But if previous court decisions are any indication, Ottawa would have to set up several dozen poster areas to justify banning utility pole advertising.
Traditionally, courts have ruled in favour of advertisers because a 1993 Supreme Court of Canada decision describes postering as “a historically and politically significant.”
An anti-postering bylaw was upheld in Vancouver in June, but only because the city had set up 85 poster kiosks as a reasonable alternative to utility poles.
Holmes says following Vancouver’s lead would be too costly, but Arnold says the idea is at least worth evaluating.