1.           TRANSIT BY-LAW

 

RÈGLEMENT MUNICIPAL DU SERVICE DU TRANSPORT EN COMMUN

 

 

 

Committee recommendationS

 

1.               That Council enact the Transit By-law as detailed in Document 1 to consolidate the existing transit regulations, and repeal Part 3 of the former Regional Regulatory Code.

 

2.        That Council amend the Delegation of Authority By-law as detailed in Document 1, Schedule “A” to authorize the Deputy City Manager of Planning, Transit and the Environment, and the Director, Transit Services, individually to make changes to the hours of operation of the Park and Ride Lots and designate new Park and Ride Lots to reflect changes in transit schedules and other operational requirements

 

 

RecommandationS du Comité

 

1.               Que le Conseil adopte le Règlement municipal sur le transport en commun, selon ce qui est prévu en détail dans le document 1 afin de codifier la réglementation existante du transport en commun, et d'abroger la partie 3 du Code de réglementation régional.

 

2.        Que le Conseil modifie le Règlement municipal sur la délégation de pouvoirs, selon ce qui est prévu en détail dans le document 1, Annexe « A », afin d'autoriser, individuellement, le directeur municipal adjoint, Urbanisme, Transport en commun et Environnement, et le directeur, Services de transport en commun, à modifier les heures d'ouverture des parc-o-bus et à désigner de nouveaux parc-o-bus pour tenir compte des changements apportés aux horaires du service de transport en commun et d'autres exigences opérationnelles.

 

 

 

Documentation

 

1.     Deputy City Manager's report Planning, Transit and the Environment dated 1 May 2007 (ACS2007-PTE-TRA-0005).

 

2.     Extract of Minutes 8, Transit Committee Meeting of 16 May 2007.

 

 

Report to/Rapport au:

Transit Committee/Comité du transport en commun

 

and Council/et au Conseil

 

01 May 2007/le 01 mai 2007

 

Submitted by/Soumis par: Nancy Schepers, Deputy City Manager/Directrice municipale adjointe,

Planning, Transit and the Environment/Urbanisme, Transport en commun et Environnement

 

Contact/Personne-ressource: Alain Mercier, Director/Directeur, Transit Services/Service du transport en commun

(613) 842-3636 ext. 2271, alain.mercier@ottawa.ca

 

City-wide

Ref N°: ACS2007-PTE-TRA-0005

 

 

SUBJECT:

TRANSIT BY-LAW

 

 

OBJET :

RÈGLEMENT MUNICIPAL DU SERVICE DU TRANSPORT EN COMMUN

 

REPORT RECOMMENDATIONS

 

1.               That the Transit Committee recommend that Council enact the Transit By-law as detailed in Document 1 to consolidate the existing transit regulations, and repeal Part 3 of the former Regional Regulatory Code.

 

2.        That Transit Committee recommend to Council that the Delegation of Authority By-law be amended as detailed in Document 1, Schedule “A” to authorize the Deputy City Manager of Planning, Transit and the Environment, and the Director, Transit Services, individually to make changes to the hours of operation of the Park and Ride Lots and designate new Park and Ride Lots to reflect changes in transit schedules and other operational requirements

 

RECOMMANDATIONS DU RAPPORT

 

1.               Que le Comité du transport en commun recommande au Conseil d'adopter le Règlement municipal sur le transport en commun, selon ce qui est prévu en détail dans le document 1 afin de codifier la réglementation existante du transport en commun, et d'abroger la partie 3 du Code de réglementation régional.

 

2.        Que le Comité du transport en commun recommande au Conseil de modifier le Règlement municipal sur la délégation de pouvoirs, selon ce qui est prévu en détail dans le document 1, Annexe « A », afin d'autoriser, individuellement, le directeur municipal adjoint, Urbanisme, Transport en commun et Environnement, et le directeur, Services de transport en commun, à modifier les heures d'ouverture des parc-o-bus et à désigner de nouveaux parc-o-bus pour tenir compte des changements apportés aux horaires du service de transport en commun et d'autres exigences opérationnelles.

 

 

BACKGROUND

 

The proposed Transit By-law represents both a consolidation of the existing former Regional Regulatory Code provisions governing Transit Services, as well as an updating of certain rules and regulations for Transit Services.  The By-law is largely based on the existing Chapter Three - Public Transit of the Regional Regulatory Code which was adopted by Regional Council as By‑law 313 of 1988 and updated as By-law 252 of 1992 as of December 9, 1992.   The proposed By-law is meant to encompass within one legislative instrument the rules and regulations governing the public transportation system. Upon enactment of a transit by-law, the existing provisions of the former Regional Regulatory Code will be repealed.

 

The proposed Transit By-law attached in Document 1 sets out all the rules and regulations presently in force regarding Transit Services, including:

·        Exclusive authority for passenger transportation in Ottawa

·        The issuance, use and regulation of fares, transfers and passes

·        The issuance and use of Assistant Cards

·        The provision and regulation of priority seating

·        The conduct of persons using the transit system

·        The rules and regulations for the Transitway, including:

-     operation of vehicles on the Transitway

-     pedestrian and vehicle access to a Transitway or light rail facility

-     transit security vehicles

·        The hours of operation and use of Park and Ride Parking Lots

·        Offences and penalty provisions

·        The effective date of the by-law

·        Schedule “A” – Regulations for Operation of Vehicles on a Transitway

·        Schedule “B” – Park and Ride Lots and Associated Fees

·        Schedule “C” – Fares for Transit Services

 

 

DISCUSSION

 

The proposed By-law adopts many of the provisions found in the Regional Regulatory Code.  The By-law contains the rules and regulations that will be in place for the use and operation for the public transportation system.  For example, the regulation of fares, transfers and passes is covered, including the requirement for proof of payment.  Fare-related offences are also covered in the By-law, such as offences for failure to pay the required fare and the unauthorized alteration of fare media.

 

Also included in the By-law are the conduct-related rules and regulations, found in Sections 20 to 23.  These are similar to those in the Regional Regulatory Code.  They prohibit certain actions on transit property and are aimed at ensuring both the safety of riders as well as of City property and assets. 

 

Throughout the By-law, offences are created for the contravention of the rules and regulations of the By-law. Upon enactment of the proposed By-law, set fines for convictions of these offences will be sought by the City from the Province of Ontario.  Transit-related set fines that have received approval in the past are typically in the amount of $125.00 per offence. 

 

Listed below for information are provisions that have been either added updated from the regulations contained in the Regional Regulatory Code to reflect present practices:

 

1. The definition of “Service Animal” has been added

 

The definition of "Service Animal" has been expanded beyond guide dogs for the visually impaired or hearing impaired to include special skills animals or therapy animals for persons with other disabilities. With the inclusion of these various new types of service animals on buses, an Assistant Card has also been defined to simplify communication between operator and passenger, removing any doubts about the animal's eligibility to travel.   Recognition of an animal as a Service Animal is contingent upon the animal being trained by and registered with a recognized training school.

 

Attorney General's identification cards already exist for service animals for the blind, but these are not applicable to all service animals. The Assistant Card will allow passengers and Transit Services staff to easily identify other service animals.  Passengers who must travel with a service animal can contact the Accessible Transit Specialist who in turn will review the animal's credentials and training record, and if acceptable will issue an Assistant Card. Cards are issued at OC Transpo Customer Service Centres, and include a photo of the passenger together with the service animal. The Assistant Card allows passengers to indicate to bus operators with certainty that the Service Animal is required and permitted on OC Transpo vehicles.

 

The expanded definition of Service Animal and the introduction of the Assistant Card result from the increasing demand from passengers for an expanded service in this area, and are made in an effort to be equitable in the provision of service to all people with disabilities.  In discussions with riders, operating personnel, animal training schools, animal behaviourists, and the Accessible Advisory Committee, all supported the broader definition of Service Animal as well as the requirement for a certification process and identification card.

 

2. ‘Priority Seating’ definition has been changed and section has been updated

 

Priority Seating areas on the bus and train are intended to be used by travellers who should not have to stand on a moving vehicle. The By-law wording has been strengthened and clarified to require people who do not need priority seating, to relinquish their seat to passengers who do require it. Thus the use of priority seats is no longer simply a courtesy, it is a requirement under the By-law.

 

The definition of passengers who are entitled to priority seating has been expanded to include people with a disability, expectant mothers, people with an Assistant Card, people who are clearly unable to stand, and people who have a Priority Seating Card. Priority Seating Cards are issued to help passengers communicate their special needs to other passengers who may be occupying the priority seats.

 

The subject of priority seating and the need to reinforce the requirement in the revised By-law was discussed with the Accessible Transit Advisory Committee, which has indicated its support, and was identified as a significant issue during the Seniors’ Forum held in November 2006.

 

3. The exclusive authority sections have been updated to reflect current practices

 

The City of Ottawa Act, 1999, S.O. 1999, Chapter 14, Schedule E (as amended) (the “Act”) grants to the City of Ottawa exclusive franchise for operating a passenger transport service within the City of Ottawa. 

 

As a result of this power, the City may, by By-law, provide that no person shall operate a passenger transportation system in the City.  Legislated exceptions to the exclusive franchise are as follows:

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

 

Other than the exceptions noted above, the Act provides that the City may authorize a person to operate a passenger transportation system, or to operate within a designated area, and furthermore, that the City may impose conditions on this authorization.   

 

(a)  Sightseeing Services:

 

Passenger transportation systems for the purpose of sightseeing are allowed in the City, subject to an agreement containing conditions and provisions as listed in the attached proposed By-law.  Examples of these conditions include the submission of a business plan which describes the routes, pick-up and drop off points, and the parking and stopping locations and arrangements that will be used in the routes.  The operator of this type of system is also required to pay a fee per vehicle to the City.  Authorization for the current fee charged to sightseeing services was approved by the former Transit Services Committee on 23 February 2000.

 

Several sightseeing companies have been operating in the City of Ottawa over the past few years under an annual agreement with the City effective from May to the end of October, thereby contributing to the promotion of tourism within the City.

 

(b)  Airport Service:

 

The conditions that apply to this type of system include the submission of a valid agreement between the applicant operator and the Airport Authority and that the price of a one-way fare be higher than on public transit. 

 

In February 2005, the Ottawa Macdonald-Cartier International Airport Authority awarded the license to operate a passenger shuttle service to/from the Ottawa International Airport and several downtown Ottawa hotels pursuant to a competitive RFP process to Imperial Park Canada Corporation (Impark). The City of Ottawa as represented by Transit Services has granted authority to operate the Airport Shuttle to Impark subject to conditions. 

 

(c)  Private Transportation Service:

 

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 an agreement containing specific conditions as listed in the attached proposed By-law is also contemplated.  The purpose of this section is to ensure that private operators do not compete with the public transit which could put the City's system success at risk, and that they operate vehicles that are safe and that are properly licensed and insured.  Examples of the conditions relevant to the approval of this type of system include that it operate without a fare, that it not be the primary business of the person, that it not be advertised as an alternative to the public transit system. 

 

It should be noted that all private passenger transportation systems that are approved would also be required to enter into an agreement with the City.  This agreement would provide for, among other things, the presentation of valid vehicle safety certificates, the maintenance of insurance, and the execution of an indemnification clause to the benefit of the City.  The By-law proposes that the authority to enter into the agreements be delegated to the Director, Transit Services, subject to the applicant satisfying the conditions described above.   This is a continuation of past practice with respect to these agreements.

 

4.  Authorized Vendors

 

Changes to the vendor agreements between the City and vendors of OC Transpo fare instruments clarify the obligations of the vendor with respect to the management and administration of the instruments and the profits from their sale.  For example, the agreement obliges the vendor to treat OC Transpo inventory and associated funds as separate and secure from the vendor's own retail business sales. The agreement makes it clear that the vendor is liable for any lost, stolen or damaged fare instruments while in their possession.

 

These vendor agreements also work hand-in-hand with the proposed By-law which prohibits unauthorized vendors from selling fare instruments, thereby ensuring a greater degree of control over the use of fare instruments. 

 

5. Park and Ride lots opening hours and offences and fees were added

 

The hours of operation at the City’s park and ride lots have been defined in the By-law, in order to allow tickets to be issued for overnight or multi-day parking. The operating hours are set to allow time for customers using the lot to arrive several minutes before the first morning departure and to leave the lot several minutes after the last night-time arrival. It is recommended that the Deputy City Manager, Planning, Transit and the Environment, and the Director, Transit Services, individually be delegated the authority to update the operating hours of the lots as the hours of transit service provided at the lots change due to operational requirements.  In addition, it is also recommended that the Deputy City Manager, Planning, Transit and the Environment, and the Director, Transit Services, individually be authorized to establish new Park and Ride Lots and their hours of operation provided that the necessary budget approvals are in place and the new Lots are consistent with transit programs and operational requirements. 

 

Effective Date

 

July 1, 2007 is the recommended effective date of this By-law to allow the set fines to be obtained and other administrative procedures to be finalized before the By-law comes into force.

 

 

CONSULTATION

 

The subject of priority seating and the need to reinforce the requirement in the revised By-law was discussed with the Accessible Transit Advisory Committee, and was identified as a significant issue during the Seniors’ Forum held in November 2006.

 

The broader definition of Service Animal, the requirement for a certification process and identification card as well as the introduction of the Assistant Card were discussed with and supported by riders, operating personnel, animal training schools, animal behaviourists, and the Accessible Advisory Committee.

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this report.

 

 

SUPPORTING DOCUMENTATION

 

Document 1   Proposed By-law.

Document 2   By-law to amend By-law No. 2005-503 respecting delegation of authority to various officers of the City.

 

 

DISPOSITION

 

Transit Services Branch to administer and enforce the By-law and Legal Services to finalize the By-law and make the required changes to the Delegation of Authority By-law, for enactment by Council.  Staff will also seek set fines from Province for the offences created in the By-law.

 

 

PROPOSED BY-LAW                                                                             DOCUMENT 1

 

BY-LAW NO. 2007 -

 

                     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.

 

6.                  Nothing in Section 3 prevents a person from operating a passenger transportation system that is used to convey  passengers from a point within the City to a point outside the City or from a point outside the City to a point inside the City.

 

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.

 

 

 

POP ZONE

 

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 payment.

 

          (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.

 

AUTHORIZED VENDORS

 

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.

 

 

PRIORITY SEATING

 

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.

 

 

RULES FOR THE OPERATION OF VEHICLES

                    

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

          an offence and on conviction is liable to a fine pursuant to the Provincial Offences Act.

 

(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,

          may, in addition to any penalty imposed on the person convicted, issue an Order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted that is deemed to be directed toward the continuation or repetition of the offence.

 

SHORT TITLE

 

36.                This by-law may be referred to as the “Transit By-law”.

 

 

 

REPEAL

 

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

 

 

 

Schedule “A”

 

 

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,

such person may direct traffic according to their own discretion, and no person shall fail to obey such directions.

 

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,

if the operation of any other vehicle may be affected by such stopping or decreasing of speed.

 

AUTHORIZED UNMARKED VEHICLES – LIGHTS

 

19.      (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 VEHICLE

 

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 – PARKING

 

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

 

Name of Lot

Address

Monthly Fee

Hours of Operation

Trim

1201 Trim Road

no charge*

05:00 – 01:00

Place d’Orleans

900 Champlain Street

no charge*

04:00 – 03:45

Telesat

1582 Telesat Court

no charge*

04:00 – 03:45

Greenboro

2120 Bank Street

no charge*

05:00 – 03:30

Fallowfield

3325 Fallowfield Road

no charge*

03:45 – 03:40

Baseline

1420 Woodroffe Avenue

$17.50*

03:45 – 03:30

Eagleson (West)

102 Eagleson Road

no charge*

04:00 – 03:30

Eagleson (East)

101 Eagleson Road

no charge*

04:00 – 03:30

Terry Fox

195 Roland Michener Drive

no charge*

04:00 – 03:30

Jeanne d’Arc

1490 Youville Drive

no charge*

04:00 – 03:45

Strandherd

3680 Strandherd Drive

no charge*

05:00 – 01:00

 

 

*    does not guarantee a space unless the person purchases a Gold Permit at a cost of $40.25 per month where available which Gold Permit guarantees a space in the lot for which it was issued.

Schedule “C” *

 

FARES FOR TRANSIT SERVICES

 

 

Passenger Fares

Rate ($)

Regular Adult Pass/month

73.00

Express Adult Pass/month

90.00

Rural Adult Pass/month

114.00

Regular Student Pass/month

59.75

Express Student Pass/month

70.00

Regular Student Semester Pass

221.50

Express Student Semester Pass

259.00

Rural Student Pass/month

91.00

Senior Pass/month

29.00

Community pass

29.00

Day Pass (on the bus)

7.25

Day Pass (If pre-purchased)

6.50

Cash Adult/trip

3.00

Cash Express Route/trip

4.00

Cash Rural Express/trip

5.00

Cash Child (6-11 yrs.)/trip

1.50

Ticket Adult/trip

1.90

Ticket Express Route/trip

2.85

Ticket Rural Express/trip

3.80

Ticket Child (6-11 yrs.)/trip

0.95

Regular Student Annual Pass

573.60

Express Student Annual Pass

672.00

Adult Regular Annual  Pass

788.40

Adult Express Annual Pass

972.00

Adult Regular Ecopass/month

62.05

Adult Express Ecopass/month

76.50

Rural Ecopass/month

96.90

Senior Ecopass/month

24.65

O-Train Ticket/trip

2.25

Adult Photo I.D.

7.25

Student Photo I.D.

5.25

Charter Service

First Hour

Each Additional Hour

 

260.00

130.00

 

 

 

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

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LEGAL SERVICES

AMP:ec

 

COUNCIL AUTHORITY:

City Council –

Transit Committee Report , Item

 

 

 

BY-LAW TO AMEND BY-LAW NO. 2005-503 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 service 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 –