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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;
(e) any use pursuant to subsections (a), (b), (c) or
(d) hereof, by a person or body other than the City is conditional upon
obtaining the Director’s consent and the prior execution of an indemnity
agreement in a form satisfactory to the Director and the City Solicitor. R 24. (1)
No person shall operate a vehicle on a transitway except in accordance with the
rules and regulations established and set forth in Schedule “A” to this by-law.
(2) The City may, from time to time, modify
or amend the regulations set forth in Schedule “A” whenever in its opinion such
an amendment is required having due regard to the efficient and safe operation
of vehicles and the overall needs of the passenger transportation
system. PEDESTRIAN AND
VEHICLE ACCESS TO A TRANSITWAY OR LIGHT RAIL FACILITY 25. No
person shall:
(a) without the permission of the Director, enter on
a transitway or light rail facility, except on areas set aside and clearly
identified as being for the use of the general public;
(b) cross any transitway, exclusive bus lane or
light rail facility except by way of crosswalk or pedestrian crossover;
(c) obstruct or otherwise interfere with the
operation of a transitway or light rail facility; or
(d) permit or cause to permit any animal to wander
on, use or interfere with the operation of a transitway or light rail facility. CONSENT OF
DIRECTOR
26. (1)
Every person who enters on areas of a transitway or light rail facility not
available to members of the general public, with or without a vehicle, shall
obtain the consent of the Director in writing prior to such entry.
(2) The consent of the Director may include, but is
not limited to, the following conditions:
(a)
a detailed description of the reason why entry is required;
(b) the time period for which entry is required;
(c) a plan for ensuring the safety of the general public;
(d) a traffic management plan to the satisfaction of the Director;
(e) provision and maintenance of insurance to the satisfaction of the City’s
Risk Management Unit and the City Solicitor;
(f) an indemnification as provided in subsection (4); and
(g)
such other conditions that in the opinion of the Director are deemed
necessary.
(3) The Director is
authorized to conclude and execute agreements with respect to consent provided
that the agreement contains provisions that address the conditions detailed in
subsection (2). (4)The person who
is requesting entry shall indemnify and save harmless the City from all actions,
causes of action, claims, damages and losses of whatever kind that such person
may cause or incur resulting form the use of a transitway or a light rail
facility. TRANSIT
SECURITY VEHICLES 27. (1)
Pursuant to subsection 62(15) of the Highway Traffic Act, those motor vehicles
used by the City for transit security purposes may carry roof-mounted lights
that cast a red light to the front.
(2) Such lights shall only be activated and
used on a transitway and exclusive bus lane systems of the City. PARK AND RIDE PARKING LOTS
ESTABLISHMENT
28. The parking lots indicated on Schedule “B”
to this Part are hereby designated as Park and Ride Lots.
DESIGNATED PARKING SPACES AND HOURS OF OPERATION 29. (1)
No person shall park a vehicle in a Park and Ride Lot unless it is in a clearly
designated parking space.
(2) No person shall park a vehicle in a
Park and Ride Lot in a parking space designated as a disabled parking space
unless the person is displaying a disabled parking permit in the vehicle.
(3) No person shall park a vehicle in a
Park and Ride Lot unless it is within the hours of operation indicated in
Schedule “B” for each Park and Ride Lot. PERMIT 30. No
person shall park a vehicle in areas in a Park and Ride Lot that are designated
for reserved parking unless they have first obtained a parking permit from the
City. FEES 31. Fees
for the parking permit shall be established by City Council from time to time
and shall be as indicated on Schedule “B”.
ENFORCEMENT REFUSAL
OF SERVICE 32. (1)
In this Section, “objectionable conduct” includes but is not limited to the
conduct described in Section 19.
(2)
A proper authority may refuse passage on the transit system to:
(a) a person in possession of explosives, a firearm, a dangerous weapon,
flammable material or any other dangerous thing or material; (b) a person in a state of intoxication, under the
influence of drugs and/or alcohol, or otherwise in an unfit or improper
condition, who acts in a manner detrimental to the public; (c) a person whose conduct is or is likely to be
objectionable to other passengers or the operator of the transit vehicle; or (d) a person carrying hand luggage, a parcel or any
object or thing that does inconvenience or is likely to inconvenience other
passengers.
(3) This refusal of passage may be for a
single trip, or for a longer period as defined by the City.
(4) No person shall remain in or upon any
transit property after having been refused service by a proper authority.
NON-COMPLIANCE 33. Any person who fails to comply with this by-law, or who is otherwise disturbing
the peace, forfeits the right to remain in, or on the transit vehicle or transit
property and shall, when directed so to do by the proper authority, immediately
leave the transit vehicle or other transit property.
In default of so doing, a proper authority, may use such force as is reasonably
necessary to remove such person or persons from the transit vehicle or other
transit property. REMOVAL
OF ILLEGALLY PARKED VEHICLES 34.
If a vehicle is parked, remains, or is left on a transitway without the express
authority of the City, a proper authority may cause the vehicle to be moved or
taken to and placed or stored in a suitable place and all costs and charges for
the removal, care and storage thereof, if any, shall be paid by the owner of the
vehicle and such costs and charges shall be a lien on the vehicle which may be
enforced in the manner provided by the Repair and Storage Liens Act, R.S.O.
1990, c. R. 25, as amended. OFFENCES AND
PENALTY 35. (1)
Any person who contravenes any provision of this by-law is guilty of (2) When a person has been convicted of an offence
under this part of the by-law,
(a) the Ontario Court (Provincial Division)
of the Province of Ontario, or
(b) any court of competent jurisdiction
thereafter,
36. This
by-law may be referred to as the “Transit By-law”. 37. Chapter 3
entitled “Public Transit” of the Regional Regulatory Code of the old Regional
Municipality of Ottawa-Carleton, as amended, is repealed. EFFECTIVE DATE 38. This by-law shall come into
force and take effect on July 1,2007.
ENACTED AND PASSED this
day of , 2007.
CITY CLERK
MAYOR
REGULATIONS FOR OPERATION OF VEHICLES ON A TRANSITWAY
DEFINITIONS
1. In this Schedule:
“centre line” means,
(a) in the case of a transitway on which traffic is
permitted to move in opposing directions, the marked line or median that divides
traffic moving in opposing directions on the transitway or, where there is no
marked line or median, the centre of the roadway; or
(b) in the case of a transitway designated for the
use of one-way traffic, the left curb or edge of the roadway;
“driver” means a person who drives a vehicle on a transitway;
“stop” or “stopping” when prohibited, means the halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a proper authority or
of a traffic control sign or signal;
“one–way traffic” means movement by vehicles upon a transitway in one direction
only;
“U-turn” means the turning of a vehicle within the transitway so as to proceed
in the opposite direction to that in which the vehicle was traveling immediately
prior to making the turn.
DIRECTION OF TRAFFIC BY PROPER AUTHORITY 2.
Where a proper authority authorized to enforce this Part considers it reasonably
necessary,
(a)
to ensure orderly movement of traffic;
(b) to prevent injury or damage to persons or property; or
(c) to permit proper action in an emergency,
RIGHT-OF-WAY 3. No driver of a vehicle approaching an intersection shall fail to yield the
right-of-way to a vehicle that has entered the intersection from a different
highway or transitway and, when two vehicles enter an intersection from
different highways or transitways at approximately the same time, the driver on
the left shall yield the right-of-way to the vehicle on the right. YIELD
RIGHT-OF-WAY SIGNS 4. (1) No driver of a vehicle approaching a
yield right-of-way sign shall fail to slow down to a speed reasonable for the
existing conditions or shall fail to stop if necessary.
(2) No driver of a vehicle shall fail to
yield the right-of-way to traffic in the intersection or to traffic approaching
on the intersecting transitway so closely that it constitutes an immediate
hazard.
(3) Having so yielded as provided in
subsections (1) and (2), the driver of a vehicle may proceed with caution. PEDESTRIAN
CROSSOVER, DUTIES OF DRIVER 5. No driver of a vehicle shall fail to yield the right-of-way to a
pedestrian or a person in a wheelchair when the pedestrian or the person in a
wheelchair,
(a) is crossing the transitway within an authorized pedestrian crossover, and
(b) is upon the half of the roadway upon which a vehicle is traveling; or
(c) is upon half of the roadway and is approaching the other half of the roadway on which a
vehicle is approaching so closely to the pedestrian crossover as to endanger him
or her. WHERE VEHICLE
STOPPED AT PEDESTRIAN CROSSOVER 6.
When a vehicle is stopped at a pedestrian crossover, no driver of any
other vehicle overtaking the stopped vehicle shall fail, (a)
to bring the vehicle to a full stop before entering the crossover, or (b) to yield
the right-of-way to a pedestrian or a person in a wheelchair, who is within the
crossover upon the half of the roadway upon which the vehicle is stopped. PASSING MOVING
VEHICLES WITHIN 30 METRES OF PEDESTRIAN CROSSOVER 7. When a vehicle is approaching a pedestrian crossover and is within thirty metres
(30 m) thereof, no driver of any other vehicle approaching from the rear shall
allow the front extremity of his vehicle to pass beyond the front extremity of
the other vehicle.
DUTY OF
PEDESTRIAN OR PERSON IN WHEELCHAIR 8. No pedestrian or person in a wheelchair shall leave the curb or other place of
safety at a pedestrian crossover and walk, run or move the wheelchair into the
path of a vehicle that is so close that it is impracticable for the driver of
the vehicle to yield the right-of-way. TURNS, RIGHT AT
INTERSECTION 9. Where a driver of a vehicle intends to turn to the right
into an intersecting transitway, such driver shall, where the transitway has
marked lanes for traffic, approach the intersection within the right-hand lane,
or where it has no such marked lanes, by keeping immediately to the left of the
right curb or edge of the roadway and the driver shall make the right turn by
entering the right-hand lane of the intersecting transitway where such lane is
marked, by keeping immediately to the left of the right curb or edge of the
roadway being entered. LEFT, ACROSS
PATH OF APPROACHING VEHICLE 10. No driver of a vehicle in an intersection shall turn left across the path of a
vehicle approaching from the opposite direction unless such driver has afforded
a reasonable opportunity to the driver of the approaching vehicle to avoid a
collision. LEFT AT
INTERSECTION 11. Where a driver of a vehicle intends to turn to the left into an intersecting
transitway, such driver shall, where the transitway has marked lanes for
traffic, approach the intersection within the left-hand lane provided for the
use of traffic moving in the direction in which the vehicle is proceeding or,
where it has no such marked lanes, by keeping immediately to the right of the
centre line of the transitway and such driver shall make the left turn by
entering the intersection to the right of the centre line or its extension and
by leaving the intersection in the left-hand lane provided for the use of
traffic moving in the direction in which the vehicle is proceeding where such
lane is marked or, where no such lane is marked, by passing immediately to the
right of the centre line of the intersecting transitway. SIGNAL FOR LEFT OR RIGHT
TURN 12.
(1) No driver of a vehicle upon a transitway, before turning to the left or right at any intersection or into a
private road or driveway or from one lane for traffic to another lane for
traffic or to leave the roadway, shall fail to first see that such
movement can be made in safety. (2) If the operation of any other vehicle may be affected by the movement described
in subsection (1, no driver shall fail to give a signal plainly visible to a
driver or operator of such other vehicle of the intention to make such movement. SIGNAL WHEN
MOVING FROM PARKED POSITION 13.
(1) Before setting the vehicle in motion, no driver of a vehicle parked or stopped
on a transitway at a station shall fail to first see that the movement can
be made in safety. (2)
When the operation of any other vehicle may be affected by the movement
described in subsection (1), no driver shall fail to give a signal plainly
visible to the driver of such other vehicle of the intention to make such
movement. SIGNALLING 14. The
signals required in Sections 12 and 13 shall be given either by means of the
hand and arm in the manner described in Section 15 or by a mechanical or
electrical signal device as described in Section 16. HOW TO
SIGNAL MANUALLY 15. When
the signal is given by means of the hand and arm, the driver shall indicate his
intention to turn;
(a) to the left, by extending the hand and
arm horizontally and beyond the left side of the vehicle; or (b) to the
right, by extending the hand and arm upward and beyond the left
side of the vehicle. REQUIREMENTS FOR SIGNALLING DEVICE 16. No driver of a vehicle shall fail to provide and maintain a mechanical or
electrical signal device in the vehicle that:
(a)
clearly indicates the intention
to turn,
(b)
is visible and understandable
during day time and night time from the front and from the rear of the vehicle
for a distance of thirty metres (30 m),
(c)
is self-illuminated when used
at any time from one-half hour after sunset to one-half hour before sunrise. WHEN
SIGNALLING DEVICES TO BE USED
17. No person while operating or in control of a vehicle upon a transitway
shall actuate the mechanical or electrical device referred to in Section 16 for
any purpose other than to indicate a movement referred to in Sections 12 or 13. SIGNAL
FOR STOP 18. No driver of a vehicle upon a transitway, before stopping or suddenly
decreasing the speed of the vehicle, shall fail to give a signal plainly visible
to the driver of such other vehicle of the intention to stop or decrease speed,
(a) by means of the hand and arm extended downward
beyond the left side of the vehicle, or
(b) by means of a stop lamp or lamps on the rear of
the vehicle which shall emit a red or yellow light, AUTHORIZED UNMARKED VEHICLES –
LIGHTS 9.
(1)
No driver of an authorized unmarked vehicle shall fail to activate
four-way flashers or roof light(s) when driving on the transitway. (2) Subsection (1) does not apply to the
driver of a bus.
ARRANGEMENT OF LIGHTS 20. (1) Green arrow, green, amber or red lights
may be used for signal-light traffic control systems and such lights shall be
arranged vertically or horizontally in the following order commencing at the
bottom or left side green arrow, green, amber and red. (2) When a green signal
light is shown at an intersection, the driver of a vehicle that is approaching
the intersection and facing such light may proceed across the intersection or
turn left or right. FLASHING GREEN 21. When a green light illuminated by rapid intermittent flashes is shown
at an intersection, the driver of a vehicle that is approaching the intersection
and facing such light may, notwithstanding Section 20, proceed across the
intersection or turn left or right. RED 22. (1) When a red signal light is shown at an
intersection, no driver of a vehicle that is approaching the intersection and
facing such light shall fail to bring his or her vehicle to a full stop: (a) at a clearly marked stop line, (b) immediately before entering the nearest
crosswalk if there is not clearly marked stop line, or (c) immediately before entering the
intersection if there is no clearly marked stop line or crosswalk.
(2) No driver of a vehicle that has come to a full
stop as described in subsection (1) shall proceed until a green light is shown,
but the driver may, after bringing the vehicle to a full stop, turn to the right
or to the left if operating from a one-way transitway to a one-way street or
transitway.
EXCEPTION 23. Notwithstanding Section 20, where an
emergency vehicle, upon which a siren is continuously sounding and upon which a
lamp is producing intermittent flashes of red light visible from all directions
is brought to a full stop at a red signal light, the driver of the emergency
vehicle may, after ascertaining that such movement can be made in safety,
proceed through the intersection without waiting for a green signal light to be
shown.
AMBER 24. When an amber signal light is shown at an intersection, the
driver of a vehicle that is approaching the intersection and facing such light
shall bring his vehicle to a full stop at a clearly marked stop line, or if
none, then immediately before entering the intersection, provided that, where
any such vehicle cannot be brought to such a stop in safety, it may be driven
cautiously across the intersection.
FLASHING RED 25. Where a red signal light illuminated by rapid intermittent
flashes is shown at an intersection, no driver of a vehicle that is approaching
the intersection and facing such light shall fail: (a) to bring the vehicle to a full stop at a clearly marked stop
line or, (b) if no stop line exists, then immediately before entering the
intersection, to yield the right of way to traffic in the intersection or
approaching the intersection on another transitway so that it does not
constitute an immediate hazard, and
having so yielded the right of
way, the driver may proceed with caution and the traffic approaching the
intersection on another transitway shall yield the right of way to the vehicle
so proceeding in the intersection.
FLASHING AMBER 26. When an amber light
illuminated by rapid intermittent flashes is shown at the intersection, no
driver of a vehicle which is approaching the intersection and facing such light,
shall fail to proceed with caution through the intersection. GREEN ARROW 27. When a red signal light with a green arrow is shown at an intersection, the
driver of a vehicle, which is approaching the intersection and facing such
light, may proceed with caution into the intersection only to make the movement
indicated by such arrow, but shall yield the right of way to pedestrians
lawfully using the intersection. 28. Where a signal light traffic control system shows a green arrow without the red
signal light illuminated at an intersection, the driver of a vehicle that is
approaching the intersection and facing the arrow may proceed into the
intersection only to follow the direction indicated by the arrow. RULES SUBJECT TO SIGNS AT INTERSECTIONS 29.
(1) The provisions of this Schedule are subject to
any sign forbidding a left or right turn or both that is conspicuously posted at
any intersection.
(2) No driver of a vehicle shall fail to obey a sign
as described in subsection (1). VEHICLES MEETING OTHERS 30.
(1)
Where the driver of a vehicle on a transitway meets another vehicle, no
driver shall fail to turn to the right from the centre of the roadway, allowing
to the vehicle so met one-half of the roadway free.
(2) Subsection (1) does not apply to a vehicle,
road-building machine or apparatus while engaged in the construction,
maintenance or marking of a transitway. DRIVING TO LEFT OF CENTRE OF
ROADWAY UNDER CERTAIN CONDITIONS PROHIBITED 31. (1) No person shall drive or operate a vehicle to the left of the centre of
a roadway designed for one or more lines of traffic in
each direction. (2) Subsection (1) does
not apply to a transitway designated for the use of one-way traffic or to a
transitway divided into clearly marked lanes where there are more such lanes for
traffic in one direction than in the other direction. PASSING TO RIGHT OF VEHICLE 32. No driver of a vehicle shall
overtake and pass to the right of another vehicle unless: (a) such movement can be made in
safety, and (b) the vehicle overtaken is making
or about to make a left turn, or (c)
its driver has signalled his
intention to make a left turn. DRIVING OFF ROADWAY
PROHIBITED 33. No driver of a vehicle
shall overtake and pass another vehicle by driving off the travelled portion of
a transitway. TRANSITWAY DESIGNATED FOR
ONE-WAY TRAFFIC 34. Where a transitway has been
designated for the use of one-way traffic only and official signs have been
erected accordingly, no person shall operate or drive a vehicle on or along the
transitway unless it is in the direction so designated. MOVING FROM ROADWAY TO ROADWAY ON DIVIDED TRANSITWAYS 35. Where a transitway is
divided into two separate roadways, no person shall operate or drive a vehicle
along or on such transitway unless it is on the roadway on the right hand side,
having regard to the direction in which the vehicle is being operated or driven. NO STOPPING 36.
(1) No driver of a bus shall stop the bus on the
transitway other than in station areas to load and unload passengers.
(2) Subsection (2) does not apply in the case
of an emergency or a vehicle breakdown. NO STOPPING – TRAVELLED
PORTION 37. (1)
No driver of a vehicle shall stop on the travelled portion of a transitway. (2) Subsection (1) does not apply to buses and
authorized maintenance vehicles in designated station areas.
(3) Subsection (1) does not apply in the case
of an emergency. NO PASSING 38. No driver of a vehicle
shall permit his or her vehicle to overtake other moving vehicles on the
transitway except where more than one lane of traffic is provided for this
purpose. BACKING PROHIBITED 39. No driver of a vehicle
shall back the vehicle upon the roadway or shoulder of any transitway without
the assistance of a guide at the exterior left rear. U-TURNS PROHIBITED 40. No driver of a vehicle upon
a transitway shall turn the vehicle on the transitway so as to proceed in the
opposite direction.
DISABLED VEH 41. In the case of a vehicle
breakdown, the driver shall attempt to park his vehicle as close to the right
shoulder of the roadway as is practical and safe to do so, and so as not to
obstruct traffic. PARKING ON TRANSITWAY 42. No
person shall park, stand or stop an unauthorized vehicle on the travelled
portion of the transitway.
STATION AREAS – PARKIN 43. No driver shall fail to
park his or her vehicle at his or her assigned service stop when in station
areas. LAY-UP AREAS 44. No driver of a transit
vehicle shall fail to park his or her vehicle within a designated lay-up area at
or near a transit station when waiting between scheduled trips or before the
first scheduled trip. REGULATIONS, PARKING, ETC. 45. The Director may regulate the parking, standing or stopping of vehicles upon a
transitway or any part of the transitway. HEADWAY OF MOTOR VEHICLES 46. No driver of a motor vehicle shall follow another vehicle more closely than is
reasonable and prudent having due regard for the speed of such vehicle and the
traffic on and the conditions of the transitway. UNNECESSARY SLOW DRIVING
PROHIBITED 47.
(1) No driver of a motor vehicle on the transitway
shall drive such a slow rate of speed as to impede or block the normal and
reasonable movement of traffic thereon except when such slow rate of speed is
necessary for the safe operation having regard to all the circumstances.
(2) No driver of a disabled vehicle traveling
at a slow rate of speed shall fail to leave the transitway at the first possible
intersection. USE OF PASSING BEAM 48. When on a transitway at any
time when lighted lamps are required to be displayed on vehicles, no driver of a
motor vehicle equipped with multiple beam headlamps shall fail to use the lower
or passing beam when, (a) approaching an oncoming vehicle within 150
metres; or
(b) following another vehicle within 60 metres,
except when in the act of overtaking and passing a disabled or parked vehicle. REMOVAL OF VEHICLE PARKED AT PROHIBITED PLACE 49. Whenever a proper authority appointed for carrying out the provisions of this
by-law finds a vehicle on a transitway in contravention of the provisions of
this by-law, he may move the vehicle or require the driver or operator or other
person in charge of the vehicle to move it. SIGNS AND MARKINGS 50. The Director may make regulations providing for the erection of signs and the
placing of markings on the transitway and prescribing the type of such signs and
markings and the location on the transitway of each type of sign and marking. SIGNS TO BE OBEYED 51. No driver of a vehicle shall fail to obey the instructions or directions
indicated on any sign erected pursuant to Section 50. WHERE TRANSITWAY DIVIDED INTO LANES 52. (1)
Where the transitway has been divided into clearly marked lanes for
traffic, no driver of a vehicle shall:
(a)
fail to drive the vehicle as nearly as may be practicable entirely within a
single lane, or (b) move the vehicle from such a lane.
(2) Subsection (1) does not apply to a vehicle
passing another vehicle which is parked, standing or disabled on the transitway
providing such movement can be made with safety. OPENING OF DOORS OF MOTOR VEHICLES 53. No person shall: (a) operate a vehicle on a transitway with an open
door;
(b) open the door of a service vehicle or
bus on a transitway without first making due precautions to ensure that his act
will not interfere with the movement of or endanger any other person or vehicle;
or
(c) leave a door of a motor vehicle on a
transitway open on the side of the vehicle available to moving traffic for a
period of time longer than is necessary to load or unload passengers. TRANSITWAY RATE OF SPEED 54. No person shall drive a vehicle at the rate of speed greater than:
(a) 80 kilometres per hour on the
transitway unless otherwise posted to the contrary; (b) 50 kilometres per hour on the transitway within
the station areas;
(c) 50 kilometres per hour when approaching
an intersection controlled by a signalling device. ACCIDENTS ON TRANSITWAY 55.
Every person in charge of a vehicle who is directly or indirectly involved in an
accident shall report the accident forthwith to the Control Room Supervisor,
Operations Supervisor or a proper authority and shall follow the instructions
given. STOP FOR POLICE, TRANSIT LAW ENFORCEMENT OFFICER 56. A proper authority in the lawful execution of his or her duties and
responsibilities, may require the driver of a motor vehicle to stop and the
driver of a motor vehicle, when signalled or requested to stop shall immediately
come to a safe stop. RIGHT-OF-WAY FOR EMERGENCY
VEHICLES 57. No
person in charge of a vehicle shall fail to yield the right-of-way to police,
fire, ambulance or the vehicle of a proper authority when such vehicles are
activating red emergency lighting systems. Schedule “B” PARK AND RIDE LOTS AND
ASSOCIATED FEES
* does not guarantee a space unless the person
purchases a Gold Permit at a cost of $45.00 per month where available which Gold
Permit guarantees a space in the lot for which it was issued.
Schedule “C” * FARES FOR
TRANSIT SERVICES
BY-LAW NO. 2007 –
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o- A by-law of the
City of Ottawa respecting
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o- Enacted by City Council at its meeting of , 2007
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o- LEGAL SERVICES AMP:ec COUNCIL AUTHORITY: City Council – Transit Committee
Report , Item
BY-LAW TO AMEND
BY-LAW NO. 2055-503 RESPECTING DELEGATION OF AUTHORITY TO
VARIOUS OFFICERS OF THE CITY
DOCUMENT 2
BY-LAW NO. 2007- A by-law of the City of Ottawa to amend By-law No. 2005-503 respecting
delegation of authority to various officers of the City. The Council of the City of Ottawa enacts as follows: 1. Section 18 of Schedule “C”, Public Works and Services Department, of By-law No.
2005-503 entitled “A by-law of the City of Ottawa respecting delegation of
authority to various officers of the City”, as amended, is repealed. 2. Schedule “D”, Planning, Transit and the Environment Department of the said
By-law No. 2005-503 is amended by adding the following heading and sections
immediately after Section 41:
TRANSIT SERVICES BRANCH
42. The Deputy City Manager, Planning, Transit and
the Environment and the Director, Transit Services individually are delegated
the authority to make changes to individual bus routes and timetables during the
course of the scheduled booking in accordance with applicable City by-laws. 43. The Deputy City Manager,
Planning, Transit and the Environment and the Director, Transit Services
individually are delegated the authority to change the hours of operation of the
Park and Ride Lots to reflect changes in transit schedules and other operational
requirements. 44. The Deputy City Manager,
Transit and the Environment and the Director, Transit Services individually are
delegated the authority to designate new Park and Ride Lots within the City
provided that such Park and Ride Lot is within approved budget limits and is in
accordance with approved transit programs and objectives.
ENACTED AND PASSED this day of
, 2007. CITY CLERK MAYOR BY-LAW NO. 2007– -o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o- A by-law of the City of Ottawa to amend By-law No. 2005-503 respecting the delegation
of authority to various officers of the City -o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o- Enacted by City Council at its meeting of -o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o- LEGAL SERVICES AMP:ec - G04-01-DEL-1 COUNCIL AUTHORITY: City Council – |
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