A Richmond farmer who defied a city demand to take down his giant strawberry sign didn’t just have his day in court – he beat them, as well.
Bill Zylmans, whose family has owned and operated more than 500 acres at W & A Farms on Westminster Highway near No. 8 Road for more than 50 years — was hit with a $1,000 sign bylaw infraction ticket in June.
However, Zylmans refused to pay the fine, which was issued after he placed his giant strawberry sign on a trailer, apparently on city property, at Westminster Highway’s junction with Knight Street.
The farmer argued he had been putting the sign up during strawberry season for 41 years, without any complaints.
And in Richmond Provincial Court on Monday afternoon, Zylmans was found not guilty by Justice Edward Bowes, who told the city’s business licence supervisor, Victor Duarte, that he hadn’t provided proof the sign was actually on city property.
Outside the court, an ecstatic Zylmans told the Richmond News he felt vindicated in standing up for himself and for the entire Richmond farming community.
A clearly emotional Zylmans - who was supported in court by other berry farmers from Richmond - said he felt “very relieved.”
Referring to Justice Bowes, he added that, “It seems there are still some people who believe in agriculture…but it’s unfortunate I had to take this to the courts to find that out.
“The city just doesn’t have the right to start ticketing farmers when they don’t know what we’re about.
“I think it’s a good day for agriculture and it’s a good day for farming in Richmond.”
Zylmans claimed the size of the fine “was unprecedented” and was “way over the top for (a sign) that’s been there during strawberry season for 41 years.
“There were petitions, there were letters to the editor in your paper. This was much more than just a sign.”
Asked about the fact he was shaking while cross-examining Duarte in court, Zylmans said, “It’s the first time I’ve ever been in court. I’ve ran the farm for 62 years and I’ve never been in court.”
And as for next summer, when strawberry season rolls around once more, will the giant sign make its annual appearance?
“I think now is the time for the city to sit down and work with agriculture and help us promote strawberries in Richmond,” said a rather coy Zylmans.
“This is a heritage crop. How can we move forward in encouraging farming? We will have discussions with the city (about next strawberry season).”
The court heard earlier how Zylmans was initially issued a $400 ticket on June 4, but didn’t take the opportunity to remove the sign and see the ticket quashed. That’s when Duarte took over the file and a second ticket, for $1,000, was issued.
“Placing a sign on city property, without permission, is prohibited,” Duarte told the court.
During cross-examination, Zylmans argued that the land where his trailer and sign were placed was possibly provincial jurisdiction, due to the barricades on the site.
The judge then questioned Duarte as to how anyone would know, to look at, that the site is, indeed, city property?
And he stated the onus was on the city to prove in court that the site in question is, beyond reasonable doubt, on city property.
“I would assume it was known to be city property,” Duarte told the judge.
Justice Bowes found Zylmans not guilty, adding that he was “not satisfied that the city can prove (the sign) was on their property.”
The News reported in June how the 10 foot by five foot sign, promoting his strawberries, had been at the location during the very short, month-long strawberry season since 1978.
“It’s an industry sign, telling everyone that strawberries are happening, not just my crop,” said Zylmans at the time.
“A ton of people will know they are in after seeing that sign.”
Zylmans eventually took the sign away, near the end of the strawberry season.
