Item 13 - Policy for Election Posters
West Dunbartonshire Council · 28 August 2024
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer - Roads and Neighbourhood Council: 28 August 2024 Subject: Policy for Election Posters 1. Purpose 1.1 The purpose of this report is to provide Council with a proposed revision to the Arrangements in Force at the Poll prohibiting the use of election posters. 2. Recommendations 2.1 Members are asked to: a) Note the negative environmental impact from the use of election posters resulting in unnecessary waste and litter; b) Note the safety concerns in relation to the installation and removal of election posters and potential driver distraction: and c) Approve the proposed revision to the Returning Officer'’s Arrangements in Force at the Poll policy to prohibit election posters (item 4.8). 3. Background 3.1 An urgent motion was raised at Council by Councillor McColl on the 3 March 2021 as follows: Given the limited opportunities for political campaigning due to COVID-19 restrictions, Council agrees to permit political posters on public street furniture for the upcoming Holyrood election, from the beginning of April 2021. In agreeing this motion, Council requires Candidates/Agents to adhere to the following rules for posters on public street furniture, and in erecting any poster, Candidates/Agents agree to ALL of these terms: • No poster shall interfere with the primary use of the street furniture. • No poster shall obstruct pavements or roads. • No poster shall reduce visibility/sightlines for drivers or pedestrians. • All posters must be adequately stiff so as not to flap in the wind and be attached with cord/cable ties of sufficient strength to secure the poster. They must not be attached to street furniture using glue or any form of adhesive. • Posters must not, in any circumstances, be attached to any traffic signal post or control box, or to street furniture in central reservations and pedestrian refuge islands. • Posters may not be mounted upon any lighting column or post which is already fitted with permanent statutory or regulatory signs.
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• For structural and electrical safety reasons, ladders should not be placed against lighting columns etc – free standing stepladders or other means of access should be used. • Posters must not obscure any identifying marks/numbers on lighting columns. • No poster shall be affixed to any part of the curtilage of any premise being used for voting. • Only one poster per candidate (or two posters back-to-back), is allowed on each item of street furniture. • No poster shall remain on public street furniture after Sunday 16th May 2021. • All posters will comply with election rules, including bearing an imprint identifying the candidate, promoter (usually election agent) and printer and their respective contact details. • Candidates/Agents will comply with all other restrictions imposed reasonably by the Returning Officer or her delegates in respect of polling places and the area immediately surrounding them. • Candidates will comply with all instructions from the Council. Any poster displayed in breach of these rules will be treated as illegal fly posting and the offending Candidate/Agent may face prosecution in terms of Section 100 of the Roads (Scotland) Act 1984. This carries a maximum fine of £1000 per offence. Permission is granted on the understanding that those concerned indemnify the Council against any third-party claim arising from the attachment. The Council also accepts no liability for injury to persons erecting or removing posters. The Council will issue election guidance to all candidates and election agents, which must be complied with. The guidance will include appropriate contact details for candidates to raise concerns regarding election posters, and candidates must not use this in a frivolous or vexatious manner. The Council reserves the right to recover costs from candidates, agents and parties for action taken to enforce compliance with the rules or for time spent handling vexatious or frivolous complaints. Costs may include the cost of removing posters from inappropriate locations or after 16th May 2021. Costs may also include staff time contacting candidates to resolve a breach. These examples are not exhaustive, and it will be the prerogative of the Chief Executive to determine what costs require to be recovered by the Council. 3.2 A further motion was raised at Council by Councillor Jonathan McColl on 22nd March 2022 requesting that: Council agrees to permit political posters on public street furniture for future elections, including the upcoming Local Government elections. Posters will be permitted from the 1st April each election year and must be down no later than two weeks after polling day. In agreeing this policy,
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Council requires Candidates/Agents to adhere to the following rules for posters on public street furniture: As set out in item 3.1 above. 3.3 The Council’s Arrangements in Force at the Poll is issued to all election candidates and their agents in advance of all elections, by-elections and referendums setting out election guidance. The criteria for use of election posters is currently set out in item 4 of the policy. 4. Main Issues 4.1 West Dunbartonshire Council permits the attaching of election posters and campaign materials to public street furniture. The criteria for their use is set out within the Returning Officer’s Arrangements in Force for the Poll. 4.2 This report sets out a number of issues considered in relation to the use of election posters affixed to street furniture, in particular environmental impact, driver distraction and health and safety concerns. 4.3 The use of election posters and campaign materials can contribute to increased levels of waste and litter leading to an increase in our carbon footprint. The posters are usually coated with fluted polypropylene and are affixed to street furniture with single use plastic cable ties, both of which are non recyclable materials. The reduction in the use of these materials would lead to a reduction in the amount of waste generated over the course of an election. 4.4 The prohibition of election posters would also reduce the transport costs and emissions for those engaged in attaching and removing the materials as well as the emissions generated in creating the materials. 4.5 The Roads Service respond to issues raised and complaints received in relation to election posters. The assessment requires Officers to undertake a site inspection to review the poster and the street furniture to ensure it has been erected in line with the criteria. The prohibition of election posters will reduce the resource implications for the Roads Service during the course of an election. 4.6 The use of posters and repeated signage can distract drivers through visual clutter and can cause confusion. It can also be detrimental to the attractiveness of an area and contribute to litter accumulating. 4.7 Working at height with the use of ladders whilst erecting and removing the signage is a health and safety hazard. The prohibition would reduce the
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risk to candidates and agents as they would no longer be working at height in the proximity of live carriageways and footways. In addition, this would reduce the risk of obstruction and impact on pedestrians during these activities. 4.8 It is proposed that the policy is updated to incorporate the following: Fly Posting Flyposting is defined as “the display of advertising material on buildings and street furniture without the consent of the owner” and it is illegal. In West Dunbartonshire Council election posters or campaign materials are not permitted to be erected on any land or property within the Council’s control. In addition the Roads (Scotland) Act makes it an offence to place anything on a public road without the consent of the Roads Authority. Therefore election posters and campaign materials must not be attached to any street furniture such as lighting columns, bus shelters, road signs etc within the limits of the public road. This includes footways, traffic islands and road verges or other Council property such as bins. The basis for this prohibition is: The posters can be a hazard to road users by potentially causing distraction; There are health and safety issues in the erection and removal of the posters in proximity of the road network and due to working at height: Obstruction of the footway during the erection and removal of election materials can limit access for pedestrians; and Litter resulting from posters and cable ties. In addition, the prohibition of election posters and cable ties will contribute to a reduction in our carbon footprint through a reduction in waste, transport costs and production emissions. Any poster displayed will be treated as illegal fly posting and the offending Candidate/Agent may face prosecution in terms of Section 100 of the Roads (Scotland) Act 1984. This carries a maximum fine of £1000 per offence. The Council will issue election guidance to all candidates and election agents, which must be complied with. The guidance will include appropriate contact details for candidates to report election posters, and candidates must not use this in a frivolous or vexatious manner. If any candidate and/or election agents, wishes to report election posters on council street furniture,
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please contact the Roads Section on 01389 737542. The Council reserves the right to recover costs from candidates, agents and parties for action taken to enforce compliance with the rules. Costs may include the cost of removing posters. Costs may also include staff time contacting candidates to resolve a breach. These examples are not exhaustive, and it will be the prerogative of the Chief Executive, or the appropriate Chief Officer, to determine what costs require to be recovered by the Council. 5. People Implications 5.1 It is anticipated there will be reduced people implications associated with this proposal due to fewer inspections required by the Roads Service. 6. Financial and Procurement Implications 6.1 There are no procurement implications associated with this report however it is anticipated there will be a reduced cost to the Council with the requirement of fewer inspections. 7. Risk Analysis 7.1 There is no evidence that posters increase voter turnout and consequently no evidence that amending the policy would have a detrimental impact on participation and engagement. 8. Equalities Impact Assessment (EIA) 8.1 A full EIA has been conducted to identify any impacts which the proposed policy may have and is attached to this report as an appendix. 9. Consultation 9.1 Consultation was undertaken with the Election Team, Waste Service and the Roads Service. 10. Strategic Assessment 10.1 A full Strategic Assessment was not required for this Report. Chief Officer:Gail Macfarlane Service Area: Roads and Neighbourhood Date: 08 August 2024 Person to Contact: Gail Macfarlane
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Chief Officer - Roads and Neighbourhood gail.macfarlane@west-dunbarton.gov.uk Appendices: Appendix 1 EIA Wards Affected: All wards