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BY-LAW NO. 2007 - 268 A by-law of the City of Ottawa respecting public transit. The Council of the City of
Ottawa enacts as follows:
DEFINITIONS
1. In this
by-law:
“Assistant Card” means,
(a) a serially numbered card, issued by the Director
to a person with a disability who requires the assistance of a service animal,
which card contains a photograph of the person with a disability and a
photograph of the service animal,
(b) an identification card issued pursuant to
section 2 of the Blind Persons’ Rights Act, R.S.O. 1990, C. B.7, as amended, or
(c) such other form of identification as authorized
by the Director;
“authorized vendor”
means a person who has entered into an agreement with the City of Ottawa to sell
tickets, transit passes or any other fare medium on behalf of the City;
“bicycle” means any device which has one or more wheels and is propelled by
human power and upon which any person may ride, and includes a unicycle and a
tricycle;
“City” means the
municipal corporation of the City of Ottawa or the geographic area of the City
of Ottawa, as the context requires;
“crosswalk” or
“pedestrian crossover” means that part of a highway at an intersection that is
included within the connections of the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the roadway; or any portion of a roadway at an
intersection or elsewhere distinctly indicated for pedestrian crossing by signs
or by lines or other markings on the surface; this definition used in both parts
of the by-law;
“Director” means
the Director of Transit Services of the City of Ottawa, or authorized
representative;
“emergency” means a situation caused by the
forces of nature, an accident, an intentional act or otherwise that constitutes
a danger of major proportions to life and property;
“exclusive bus lane
system” means a portion of a highway or provincial highway designated for
exclusive bus travel, either at all times or at certain times of the day;
“front bench seat”
means the inward-facing bench or benches at the front of the vehicle;
“light rail
facility” means that portion of the passenger transportation system that
includes,
(a) light rail tracks,
(b) light rail rights-of-way, including tunnels and bridges, and (c) areas reserved exclusively for City transit personnel; “municipal law enforcement officer” means a person appointed by the Council of the City to enforce either the transit fare provisions of this by-law and who is know as a Transit Fare Enforcement Officer or a person appointed by the Council of the City to enforce the transit security, traffic and transit fare provisions of this by-law and who is known as a Transit Special Constable;
"official sign” means a sign approved by the Ontario Ministry of
Transportation;
“park” or “parking”
when prohibited means the standing of a vehicle, whether occupied or not, except
when standing temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers;
“Park and Ride Lot”
means a parking lot owned, leased or used by the City for the benefit of transit
passengers;
“passenger
transportation system” means a system that provides, for compensation,
transportation for passengers in transit vehicles operated underground, on the
ground or above the ground, but not in taxicabs;
“pedestrian” means
a person on foot; or a person with a disability, child or other person in a
wheelchair, baby carriage, or play vehicle;
“person” includes a corporation
and the heirs, executors, administrators or other legal representatives of a
person to whom the context can apply according to law;
“person with a
disability” means an individual who has a persistent physical, mental,
psychiatric or sensory impairment;
“POP vehicle” means
those transit vehicles that require production of proof of payment by a
passenger;
“POP Zone” means
any part of the passenger transportation system designated as a proof of payment
zone pursuant to this by-law;
“platform” means
that part of the passenger transportation system including shelters used by, or
intended for the use of, passengers boarding or alighting from a transit
vehicle;
“Priority Seating
Card” means a serially numbered card issued to a person with a disability by the
Director containing a photograph of the person with a disability;
“proof of payment”
or “POP” means a valid transit pass, valid transfer slip or other authorized
receipt, a valid transit employee identification card or other valid receipt of
fare payment;
“proper authority”
means a police officer, a special constable or a municipal law enforcement officer appointed to enforce the
conduct, traffic, fare or other provisions of this by-law;
“service animal”
means an animal trained by a recognized school for service as a guide dog for
the blind or visually impaired, a guide dog for the deaf or hearing impaired, or
a special skills dog for other persons with disabilities and includes an animal
used in therapy and trained by and registered with a recognized organization for
that purpose;
“stand” or
“standing” when prohibited, means the halting of a vehicle, whether occupied or
not, except for the purpose of and while actually engaged in receiving or
discharging passengers;
“transit pass”
means either a photo identification card plus a renewable voucher or a one part
photo ID card and voucher, both of which are issued by the City and indicate a
fare category;
“transit property”
means all property owned, leased or used by the City for the purpose of
providing a passenger transportation system and includes the transitway, the
transit station platform areas, the platforms, the transit stations, the transit
vehicles, the transit shelters, the bus stops, the light rail facility and the
Park and Ride Lots;
“transit shelter”
means a fully enclosed or partially enclosed waiting area which is intended for
use by passengers waiting to use the passenger transportation system and which
is located at the side of a highway;
“transit station”
means any building or structure owned, used, or occupied by the City for transit
purposes which is open to the public;
“transit station
platform area” means the platform within the transit station set aside for
passenger pick-up and drop-off.
“transit vehicle”
means a bus, van or light rail vehicle owned by or leased or under contract to
the City for use in the passenger transportation system;
“transitway” means
that portion of the property owned, leased or used by the City that is
designated exclusively for bus travel and includes the transit stations and the
transit station platform areas;
“wheelchair” means a chair mounted on wheels driven by muscular or any
other kind of power and used for the carriage of a person who has a physical
disability. INTERPRETATION 2.
(1) This by-law includes the Schedules
annexed hereto and the Schedules are hereby declared to form part of this
by-law.
(2) If any section, subsection or part or
parts thereof are declared by any Court of Law to be bad, illegal or ultra
vires, such section, subsection or part or parts shall be deemed to be severable
and all parts hereof are declared to be separate and independent and enacted as
such.
(3) This by-law is gender-neutral and, accordingly,
any reference to one gender includes the other. (4) Words in the singular include the plural and
words in the plural include the singular. (5) Headings are inserted for convenience of
reference purposes only, form no part of this by-law and shall not affect in any
way the meaning or interpretation of the provisions of this by-law.
(6)
Unless otherwise defined, the words and phrases used in this by-law have their
normal and ordinary meaning. EXCLUSIVE
AUTHORITY FOR PASSENGER TRANSPORTATION 3. No person shall operate a passenger transportation system in the City unless the
person is authorized to do so by the Director. 4. Section 3 does not apply with respect to the following types of passenger
transportation systems: (a) buses used to transport pupils, including buses
owned or operated by a school board, private school or charitable organization;
(b) railways operated by railway companies
incorporated under a federal or provincial Act; (c) ferries; (d) aviation systems; and (e) taxicabs. 5.
(1) The Director may authorize a person to operate a
passenger transportation system for the purpose of sightseeing in the City
subject to the following conditions: (a) submission of a business plan
acceptable to the Director, the Director, Traffic and Parking Operations and the
Director, By-law Services that includes but is not limited to, (i)
a description of the proposed
business including routes, pick-up and drop-off points, (ii) the fare to be charged to the
customer, (iii) a description of the vehicle to
be used in the business and the number of passengers the vehicle can
accommodate, (iv) parking and stopping locations
and arrangements, (v) such other information as
requested by the Director, and (b) execution of an agreement that
shall include but is not limited to the following provisions, (i) routing and hours of operation, (ii) production of a current safety
certificate for each vehicle, (iii) provision of insurance to the
satisfaction of the City’s Risk Management Unit and the City Solicitor, (iv)
a payment of $2,000.00 per
vehicle to the City to a maximum of
$10,000.00, (v)
an indemnification in
accordance with subsection (4), and (vi)
such other provisions as
considered necessary by the Director. (2) The
Director may authorize a person to operate a passenger transportation system
between the Ottawa Airport and other points in the City subject to the following conditions: (a) submission to the
Director of a copy of valid agreement for a passenger transportation service
between the applicant and the Airport Authority, (b) if a fare is
collected for the service, the one-way fare must be higher than the regular
Monday to Saturday price of a DayPass offered by the City for its transit
system, (c)
submission of a business plan acceptable to the Director, the Director,
Traffic and Parking Operations and the Director, By-law Services that
includes but is not limited to, (i) a description of the
proposed business including routes, pick-up and drop-off points,
(ii) the fare to be charged to the
customer, (iii) a description of
the vehicle to be used in the business and the number of passengers the vehicle
can accommodate,
(iv) parking and stopping locations
and arrangements,
(v) such other information as
requested by the Director, and (d) execution of an agreement that shall include but is not limited to
the following provisions,
(vi) routing and hours of operation,
(vii) production of a current safety
certificate for each vehicle,
(viii) provision of insurance to the
satisfaction of the City’s Risk Management Unit and the City Solicitor,
(ix) an indemnification in
accordance with subsection (4), and
(x) such other provisions as
considered necessary by the Director. (3)
The Director may authorize a person to operate a passenger transportation system
for the purpose of private transportation between two points in the City for the
employees or clients of a business subject to the following conditions: (a) no fare or equivalent to a fare
may be collected, (b) the system shall not be the
primary business of the person, (c) the
system shall not be advertised to the public except as a package with other
business services provided by the person and such advertisement shall not characterize the
system as an alternative to the transit services
provided by the City,
(d)
submission of a business plan acceptable to the Director, the Director, Traffic and Parking Operations and the Director, By-law Services that
includes but is not limited to, (i) a description of the
proposed business including a description of the passengers to be served, routes
and pick-up and drop-off points, (ii) a description of
the vehicle to be used in the business and the
number of passengers the vehicle can accommodate,
(iii) parking and stopping
locations and arrangements,
(iv) such other information as
requested by the Director, and (e) execution of an
agreement that shall include but is not limited to the following provisions,
(xi)
routing and hours of operation,
(xii) production of a current safety
certificate for each vehicle,
(xiii) provision of insurance to the
satisfaction of the City’s Risk Management Unit and the City Solicitor,
(xiv) an indemnification in
accordance with subsection (4), and
(xv) such other provisions as
considered necessary by the Director. (4) The person who wishes to operate a passenger transportation system in the City
shall indemnify and save harmless the City from any claims, demands, losses,
costs, charges, actions and other proceedings arising by any act, omission,
negligence or fault by an officer, employee, contractor, subcontractor or agent
of such person, made or brought against, suffered or imposed upon the City in
respect of any loss, damage or injury (including death or injury resulting in
death) to any person or property, including, without limiting the generality of
the foregoing, the servants, agents and properties of any of the parties hereto,
directly or indirectly arising out of, resulting from, or sustained by reason of
such person’s passenger transportation system, or any operations ancillary
thereto.
7. Nothing in Section 3 affects any rights existing on January 1, 1972 of a person
licensed under the Public Vehicles Act to operate a passenger transportation
system FARES AND TRANSFERS REGULATION OF
FARES AND POP TRANSFERS 8.
(1) No person shall board, ride upon or
otherwise use a transit vehicle of the City unless;
(a) such person has tendered for payment of the fare
the exact amount established by the City;
(b) the ride is authorized by a valid POP transfer, transit pass, transit ticket or other fare medium from
time to time approved by the City; (c) such person is a member of the Ottawa Police Services and is in uniform;
or (d) such person is authorized by an agreement with the City.
(2)
The fees for fares, tickets or transit passes or any other fare medium shall be
as described in Schedule “C” to this by-law. OVERPAYMENT OF
FARE 9. Notwithstanding Section 8 above, a person may tender for payment of fare an
amount larger than the exact fare, but shall not be entitled to a refund for
such overpayment. REFUSAL TO PAY
FARE 10.
Any person refusing to tender payment of the fare in accordance with
Section 8 shall be deemed to be refusing to pay the fare. PROOF OF PAYMENT
(POP) – TRANSIT VEHICLES 11.
No person shall fail to produce proof of payment of the proper fare when
requested to do so by a proper authority while travelling upon any transit
vehicle designated by the Director as a POP vehicle.
12. (1) The Director may designate all or any part of the passenger transportation system as a POP Zone by placing signs at the entrances to platforms indicating that the area is restricted to persons carrying valid proof of pay
(2) No person shall enter or remain in a
POP Zone without a proof of payment.
(3) No passenger shall fail to keep his or
her proof of payment for the entire trip and also while in the POP Zones. ALTERING OR
NON-AUTHORIZED USE Of A TRANSIT PASS, TICKET, POP TRANSFER OR OTHER FARE MEDIUM
13. (1)
No person shall use, produce or have in his or her possession an altered or
unauthorized reproduction of a transit pass, ticket, POP transfer or any other
fare medium.
(2) No person shall sell, exchange or give away a
POP transfer, validated ticket or a non-transferable transit pass. STUDENT TRANSIT
PASS 14. (1)
No person, other than a student, as defined by the City, shall use a student
transit pass. (2) No person shall apply for or
obtain a student transit pass unless the person, (a) is a full-time student at a recognized educational institution in
Ontario; and (b) presents a valid student identification card issued by such educational
institution.
(3) Despite paragraph (a) of subsection
(2), where a person is resident in Ontario but attends a recognized educational
institution in Quebec, the person may present a valid student identification
card from the Quebec educational institution when applying for a student transit
pass. UNAUTHORIZED USE
OF TRANSIT PASS OR POP TRANSFER 15. (1)
No holder of a transit pass or POP transfer shall fail to comply with the
conditions of use printed on the back of the pass or POP transfer and failure to
do so may result in its confiscation by the City.
(2) No person shall take or accept more
than one POP transfer per fare paid.
(3) No person shall receive or use for the
journey, any POP transfer not issued to them by an authorized City employee when
paying the fare.
(4) A POP transfer shall be valid only
until the date and time specified on the transfer.
16. No person shall sell tickets, transit passes or any other fare medium
established from time to time unless the person is an authorized vendor of the
City. ASSISTANT CARD 17. (1) Any person with a disability who wishes to
travel on a transit vehicle or enter a transit property and who requires the
assistance of a service animal, shall obtain an Assistant Card.
(2) No person shall be accompanied on a
transit vehicle or on transit property by a service animal unless the person has
an Assistant Card and the person maintains full control of the service animal. ENTITLEMENT 18. (1)
A person with a disability, an expectant mother, a person with a visible need
for priority seating, a person with a child in a carriage or stroller, a person
with a Priority Seating Card or a person with an Assistant Card is entitled to
priority seating on a front bench seat but is not guaranteed a seat.
(2) No person, who is not described in
subsection (1), shall fail to surrender a front bench seat to a person entitled
to priority seating.
CONDUCT GENERAL
PROHIBITIONS 19. (1)
No person shall:
(a) ride on, stand on or hold on to the exterior of
any transit vehicle;
(b) cross in front of a stationary or moving transit
vehicle in circumstances where it is unsafe or impedes the movement of the
transit vehicle;
(c) lean out of or otherwise project any part of
their body or an object beyond the edge of any transit vehicle or any transit
platform;
(d) enter or leave or attempt to enter or leave any
transit vehicle while the transit vehicle is in motion or when declared unsafe
to do so by the operator of the transit vehicle;
(e) board or leave a transit vehicle except by using
the appropriately identified doors or as authorized by an official of the City,
except under emergency conditions; or
(f) remain in, or on, a transit vehicle, a transit
station, a Park and Ride Lot, a transit shelter or other transit property when
directed to leave by a proper authority.
(2) No person shall, in or upon any transit
property,
(a) loiter without due cause;
(b) for the purposes of subsection (a), a person
“loiters” when such person:
(i) idly spends time inside or on transit
property without the express purpose of using the transit system; or
(ii) lingers, saunters, or remains on
transit property without due cause; and (iii) at least thirty (30) minutes have elapsed since initial arrival onto transit property;
(c) administer, possess or sell illegal drugs;
(d) expectorate;
(e) urinate;
(f) defecate;
(g) use profane, indecent, abusive, foul, insulting
or obscene language;
(h) molest or willfully interfere with the comfort
or convenience of any other person;
(i) assault or otherwise use threatening behaviour
towards any other person;
(j) cause a disturbance or nuisance by disorderly
conduct;
(k) consume liquor or other alcoholic product;
(l) have in his or her possession liquor or other alcoholic product the
container for which has been opened;
(m)
cause a disturbance by being intoxicated;
(n) smoke, or ignite a cigarette lighter or match;
(o) litter or soil or leave refuse of any kind other
than in containers provided for such purpose;
(p) place large, bulky or sharp objects in a way
that would endanger or cause a threat to other passengers or block the aisles in
transit vehicles;
(q) bring any explosive, flammable or toxic
material;
(r) bring any firearm, handgun, or any other similar
type of weapon or imitation thereof;
(s) bring any sword, cross-bow, switchblade, or
similar type of weapon or imitation thereof;
(t) wear ice skates; (u) bring any animal unless the person has an Assistant Card for that animal
(v) except with the Director’s permission,
(i) play a musical instrument, or
(ii) operate any radio, transmitting or receiving device, tape recorder, or
similar device in or upon any transit vehicle, unless the sound
therefrom is conveyed by an earphone at a sound level that does not disturb
other passengers; (w) beg, solicit or panhandle funds
(x)
except with the Director’s permission, (i) sell or attempt to sell any newspaper, magazine, merchandise or any other
article or thing,
(ii) distribute any pamphlet or literature, or
(iii) solicit members of the public for any purpose whatsoever;
(y) activate any emergency alarm or device or use
any emergency telephone, except in situations of emergency;
(z) affix any inscription, sign, drawing, graffiti,
or other picture;
(aa) fail to wear a shirt or shoes;
(ab) use roller skates, in-line skates or
skateboards; or
(ac) ride a bicycle, unicycle or tricycle.
(3) No person shall do any act in
contravention of instructions indicated on any sign erected on transit property
or instructions given by a proper authority who considers them necessary to:
(a) ensure orderly movement of persons;
(b) prevent injury to persons;
(c) prevent damage to the transit property; or
(d) permit proper action in an emergency.
(4) No person shall willfully obstruct or
interfere with a proper authority in the proper authority’s performance of his
or her duties or the exercise of his or her rights, powers and privileges under
this by-law.
(5) No person shall knowingly provide any
false information in any statement, whether in writing or otherwise, made to a
proper authority investigating an offence under this by-law.
(6) No person shall operate any camera,
video recording device, movie camera or any similar device on transit property
without the express written permission of the Director.
(7) Subsection (6) does not apply to the following:
(a) the operation by a person of any camera, video
recording device, movie camera or similar device on a transit vehicle where such
operation is for personal use; or
(b) the operation by a person of any camera, video
recording device, movie camera or similar device on a transit station platform
area where such operation is for personal use.
(8) No person shall enter onto or depart
from, or attempt to enter onto or depart from a transit platform except by the
steps, escalators, elevators or stairways providing access thereto unless it is
unsafe to do so.
(9) No person shall place or allow their
feet, foot or footwear to remain on or against the bottom cushion or seat-back
cushion of any seat on a transit vehicle.
(10) No person shall hold open, block the
detection sensors or otherwise impede the operation of the doors of a transit
vehicle.
(11) No person using transit vehicles or
transit facilities shall fail to comply with all rules and regulations which are
either posted on transit property or are printed on transit vehicle tickets ,
transfers or transit passes. OPERATION BY
UNAUTHORIZED PERSONS 20.
(1) No person shall handle any equipment at transit
stations or operate any transit vehicle or any part of the mechanism or
equipment of any transit vehicle or any other transit equipment or device unless
authorized by the Director to do so. (2) Subsection (1) does
not apply to those devices intended for passenger use and used in accordance
with posted regulations. DAMAGE TO TRANSIT PROPERTY 21. No person shall cause or attempt to cause any damage to any transit
property. LOST PROPERTY 22.
No person shall remove from any transit vehicle or transit station any article
left thereon through apparent inadvertence, but such article shall be left in
the possession of the City or its employees for disposition according to City
policy.
TRANSITWAY OPERATION OF
VEHICLES 23. No person shall operate or cause or permit to be operated any vehicle on
a transitway save and except the following:
(a) a vehicle owned or operated by the City and
authorized by the Director;
(b) a vehicle owned or operated by a public utility
provided that prior approval has been obtained from the Director and the vehicle
is carrying out its respective utility service on a utility located on a
transitway;
(c) any bus line or other transportation system
within the City of Ottawa, or any part of the City of Ottawa including but not
limited to,
(i) shuttle bus services,
(ii) charter bus services,
(iii) special event public transit
services,
(iv) park and ride services,
(v) regular scheduled Transit services, and (vi) Para Transpo,
provided that the prior consent of the Director pursuant to Section 26
has been obtained; (d) an emergency vehicle described as follows:
(i) a fire department vehicle while
proceeding to a fire or responding to a fire alarm or other emergency call, but
not while returning therefrom,
(ii) a vehicle while used by a person in
the lawful performance of his duties as a Police Officer while proceeding to an
emergency call, or responding to a situation on, or immediately adjacent to a
transitway requiring police assistance, but not while returning therefrom, or
(iii) an ambulance while responding to an
emergency call or being used to transport a patient or injured person in a life
threatening situation, but not while returning therefrom; |
