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Did Burnaby incumbents break their own sign bylaw?

First brochures at public libraries , now bike racks and bus shelters. The Burnaby Citizens Association is under fire for another apparent breach of the city’s sign bylaw.
Burnaby election sign bylaw
This BCA election sign is on private property, but the BFC contends the incumbent party was placing signs on public property in possible violation of the city's sign bylaw.

First brochures at public libraries, now bike racks and bus shelters.

The Burnaby Citizens Association is under fire for another apparent breach of the city’s sign bylaw. The Burnaby First Coalition recently issued a press release criticizing the incumbent party for its political advertising on city property, namely at bus stops, on transit vehicles and along sidewalks and boulevards.

“The blatant bylaw hypocrisy here is a sign – pardon the pun – of this democratic deficit,” said BFC mayoral candidate Daren Hancott in the statement. “We call on the mayor to show some respect for the rule of law by either following or scrapping this undemocratic bylaw immediately.”

Prior to the 2011 election, TEAM Burnaby brought up the issue of the signage placement as the BCA’s signs popped up on privately owned bike racks and recycling containers. At the time, the city was also taking ownership of all city bus shelters after deciding not to renew an advertising contract with Pattison Outdoor.

However, Doug Louie, assistant director of engineering with the city’s traffic and parking departments, said Pattison still controls that ad space.

“The bus shelters are city-owned, but the advertising is contracted out to an advertising company – Pattison, in this case – and they manage all the advertising,” he said. “It is third-party advertising through Pattison.”

Likewise, the advertising on bike racks and recycling containers is handled by third-party groups, making it separate from the city’s sign bylaw.

“It’s not your typical election signs that we associate with our bylaw – the bylaw we have that regulates that actually pertains to what we call the lawn signs or temporary billboard signs, and those can’t be located on city property,” said Louie, noting the city has authority to remove signs that violate the bylaw.

In response to complaints from the BFC, the city reviewed its sign bylaw to determine if the BCA was in violation of the legislation. However, the city found that the bylaw allows for election signage on public property under certain conditions.

According to the bylaw, political signs are not permitted on public boulevards “without prior the consent of city council and the written agreement of the applicant to remove the signs within three days after the campaign, drive or event has concluded.”

“As indicated, and underlined for reference, Section 9 (iii) specifically allows for the display of political or election temporary signs which are lawfully permitted under the Burnaby sign bylaw,” reads the review. “This permitted signage includes a number of opportunities for temporary signage on private and public property, which are further defined by other sections of the bylaw.”

@jacobzinn