Section 1 - Definitions
In this by-law:
"A-frame sign" means a self-supporting structure shaped like an "A" with one (1) or two(2) sign faces, with a base dimension not exceeding sixty centimetres (60cm) in width or seventy-five centimetres (75cm) in length, and a height not less than fifty centimetres (50cm) or greater than one metre (1m); (By-law 2005-357)
"accident scene" means the area where an incident has occurred involving one or more vehicles including but not limited to incidents involving an impact by a vehicle or vehicles with another vehicle, structure, person, object or thing that may result in injury or damages and incidents to which emergency services personnel are required to respond; (By-law 2021-315)
"additional fee" means a fee imposed by the City on a business at any time during the term of the license for costs incurred by the City attributable to the activities of the business; (By-law 2004-488)
“adult entertainment establishment” means any premises or part thereof where goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations or body rubs are provided and includes adult entertainment parlours and adult entertainment stores and body-rub parlours; (By-law 2005-415)
"adult entertainment parlour" means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, live entertainment or services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (By-law 2004-353)
"adult entertainment operator" means a person who alone or with others operates, manages, supervises, runs or controls an adult entertainment parlour; (By-law 2004-353)
"adult entertainment owner" means a person or persons who has or have the right to possess or occupy an adult entertainment parlour or who actually does possess or occupy an adult entertainment parlour or premises upon which an adult entertainment parlour is located; (By-law 2004-353)
"adult entertainment performer" means any person other than a licensed adult entertainment owner or adult entertainment operator who provides at or in an adult entertainment parlour live entertainment or services designed to appeal to erotic or sexual appetites or inclinations; (By-law 2004-353)
“adult entertainment store” means,
- any premises or part thereof in which the principal business carried on is the provision of either or both adult magazines or adult videos, or
- any premises or part thereof in which the provision of adult videos or adult magazines is incidental to the carrying on of a business not referred to in clause (a). (By-law 2006-81)
“adult magazine” means any magazine the content of which is designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one (1) or more persons involved or engaging in specified sexual activities or by an emphasis on the display of human specified body area; (By-law 2006-81)
“adult video” means any video the content of which is designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the portrayal or depiction of specified body areas or specified sexual activities and, in the absence of evidence to the contrary, a video classified by the Ontario Film Review Board as “restricted” with the added information piece “adult sex film” shall be deemed to be an adult video, while a video without such classification and information piece shall be deemed not to be an adult video; (By-law 2005-414)
"all night dance event" means an event for gain or profit:
- that offers live or pre-recorded music or both,
- where any part of the event takes place between the hours of 0300 and 0900, and
- where the principal activities include listening and dancing to music. (By-law 2002-374)
"amusement place" means a place, building or structure or part thereof to which the public has access where entertainment or amusement facilities are provided and includes:
- premises equipped with five (5) of more arcade machines or video display devices,
- a bowling alley,
- premises, including a proprietary club, with five (5) or more billiard, pool or bagatelle tables,
- a golf driving range,
- a roller skating or ice skating facility, and
- a public hall. (By-law 2002-373)
"animal" means any member of the animal kingdom, other than human; (By-law 2003-236)
“art and craft” means handmade goods produced or created from raw or basic materials which are changed into a significantly different shape, design, form or function using a special skill or manual art; (By-law 2009-151)
"auctioneer" means a person selling, renting or putting up for sale, goods, wares, merchandise or effects or livestock by public auction;
“auto club” means an organization or entity to which persons pay an annual or monthly fee for the provision of emergency roadside assistance and other auto-related services, including tow services provided by the auto club through a licensed tow service operator or tow truck driver; (added by By-law 2021-315)
"automotive sales, leasing or rental establishment" means any premises used for carrying on the business of buying, selling renting or leasing new or used motor vehicles; (By-law 2003-311)
"automotive service station" means any premises where minor or running repairs essential to the actual operation of motor vehicles are offered for gain and may include oil and filter changes; lubrication muffler, brake, battery repairs or replacements; ignition adjustments or similar services but does not include a retail establishment that offers the installation of motor vehicle accessories including but not limited to car alarms and sound systems, global positioning systems or remote control starter provided that the installation is incidental to the retail business; (By-law 2006-81)
"bakeshop" means a premises where bread, baked goods, cakes or pies are made, offered for sale or sold; (By-law 2002-443)
“bedroom” means a room used or designed for use primarily for sleeping; (By-law 2018-302)
"boarding kennel" means any premises or part thereof where:
- more than three (3) dogs over the age of twenty (20) weeks, or
- more than five (5) cats over the age of twenty (20) weeks, are boarded, raised or trained, for any period of time that includes an overnight stay, for remuneration; (By-law 2013-107)
“body-rub” includes the kneading, manipulating, rubbing, massaging, touching, or stimulating by any means, of a person’s body or part thereof but does not include medical or therapeutic treatment performed or offered by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (By-law 2005-415)
“body-rub parlour” includes any premises or part thereof where a body-rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-rubs performed, offered or solicited are for the purposes of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (By-law 2005-415)
"boulevard” means all the parts of the highway save and except any roadway, shoulder or sidewalk; (By-law 2008-95)
"building requirements" means the requirements set out in the Building By law being By-law No. 2005-303 of the City of Ottawa, or any successor by-law thereto;
"butcher shop" means a premises where fresh or frozen meat in quantities less than by the quarter carcass, fresh or frozen fish, manufactured meat products or all or any of them are sold, or offered or exposed for sale; (By-law 2002-443)
"By-law Officer" means a person appointed by Council to enforce the provisions of this by-law and who may be referred to as an Inspector or Officer;
"Canada Day" means the legal holiday kept and observed as Canada Day throughout Canada under the Holidays Act, R.S.C. 1985 Chap. H-5; (By-law 2008-96)
“car washing establishment” means any premises which is used for the business of washing or cleaning motor vehicles by mechanical or manual means; (By-law 2002-319)
"cat" means a male or female domesticated cat; (By-law 2002-107)
"Chief License Inspector" means the person in the position of Manager, By law and Regulatory Services, in the Emergency and Protective Services Department of the City of Ottawa, or authorized representatives; (By-law 2009-259)
"Chief of Police" means the Chief of Police of the Ottawa Police Service or authorized representative; (By-law 2003-311)
"City" or "City of Ottawa" means the municipal corporation known as the City of Ottawa or the geographic area of the City of Ottawa, as the context requires;
"City Solicitor" means the person occupying the position of Director, Legal Services in the Corporate Services Department of the City of Ottawa, or authorized representative;
"classic, vintage or specialty vehicle" (repealed by By-law 2016-272)
"collision" means an incident in which a vehicle has been impacted by or has impacted another vehicle or vehicles, has struck an object or was struck by an object, has turned over resulting in damages, was disabled by fire, or any similar situation; (By-law 2021-315)
“collision reporting centre” or “CRC” means a collision reporting centre designated by the Ottawa Police Service for the reporting of injuries or damages caused by collisions or accidents as required under the Highway Traffic Act; (By-law 2021-315)
"Consumer Protection Act" means the Consumer Protection Act, 2002 R.S.O. 2002, c. 30, Sch. A, as amended, and the regulations passed under it; (By-law 2021-315)
"Council" means the Council of the City of Ottawa;
"CVOR" means a Commercial Vehicle Operator's Registration Certificate issued under the Highway Traffic Act; (By-law 2021-315)
“Deputized Officer” means an individual appointed under By-law No 2004-60, as amended, or any successor by-law, to enforce the Traffic and Parking By-law (By-law No. 2003-530, as amended) on private property and the Fire Routes By-law (By-law 2003-499, as amended); (By-law 2011-380)
"designated entertainment area" means the area, approved by the Chief of Police and the Chief License Inspector, where live entertainment or services designed to appeal to erotic or sexual appetites or inclinations may be provided, such area to offer a clear and unobstructed view to entrances, disc jockey area, bar and other public areas; (By-law 2004-353)
“designated space” means a space established by the Designated Space Programme By-law; (By-law 2008-95)
“detached dwelling” means a residential use building that contains only one principal dwelling unit or oversize dwelling unit; (By-law 2018-302)
“dog” means a male or female domesticated dog; (By-law 2013-107)
"dolly" means a wheeled carriage used in towing to support the trailing end of the towed vehicle; (By-law 2021-315)
"driving instructor" means a person who teaches a person to operate a motor vehicle and receives compensation therefore;
"driving school operator" means a person who carries on the business of teaching persons to operate motor vehicles;
"drop fee" means any fee or commission paid to the tow service operator or tow truck driver in return for the towing or other conveyance of a motor vehicle to a location, which fee or commission is in addition to the amount that the tow service operator or tow truck driver is authorized to charge to the tow customer in accordance with the provisions of this By-law; (By-law 2021-315)
“dwelling unit” means a residential unit that:
- is used or intended for use a residential premises by one household and not more than three roomers or boarders; and
- contains no more than four bedrooms; (By-law 2018-302)
"eating establishment" means a premises where meals or meal portions are prepared or sold for human consumption in a form that will permit immediate consumption on the premises or elsewhere and without limiting the generality of the foregoing includes premises serving or selling food to the general public such as restaurants, cafes, cafeterias, dining rooms, lunch counters, catering services and ice cream parlours but does not include a refreshment vehicle;(By-law 2003-311)
"employee" means any person working in or for the licensed premise whether or not that person receives remuneration for the work; (By-law 2005-324)
"entertainment", for the purposes of public halls, means a concert, public luncheon, public dinner, show, public sporting event or variety program; (By-law 2002-373)
"exhibition" means an event:
- that is organized by a promoter,
- that is held indoors or outdoors or both,
- that is held on private or public property,
- that has a theme or general subject,
- that is comprised of five (5) or more participating individuals who are vending on their own behalf,
- at which persons contract for display space from the promoter of the event for the purpose of offering goods for sale by retail for the duration of the exhibition or a segment of the exhibition, and
- that is open to the public by any means, but does not include a flea market; (By-law 2005-356)
"exotic animal" means an animal that is wild by nature and is not commonly or lawfully kept as a domestic, household pet in Canada and includes prohibited animals; (By-law 2003-236)
"exotic animal entertainment event" means any exhibit, public show, circus, carnival or other display or act of entertainment using any live exotic animal and includes the use of any such animal in any film or television production;(By-law 2003-236)
"exotic animal rescue and education establishment" means an establishment which exhibits, displays or houses any live exotic animal for purposes of rescue and education, and which has an exemption under Section 86 of By law No. 2003-77; (By-law 2003-236)
“farm produce” means fruits, vegetables, plants, roots, seeds, mushrooms, eggs, meats, poultry, game, honey and maple products, but does not include tobacco or tobacco products; (By-law 2009-151)
"Fire Chief" means the Chief of the Ottawa Fire Services of the City or authorized subordinates or assistants; (By-law 2005-325)
"flatbed tow truck" means a tow truck consisting of a platform body with a winch for loading and that is licensed by the Ministry of Transportation to safely carry a minimum of twenty-five hundred (2,500) kilograms above the registered gross weight of the tow truck and its affixed flatbed; (By-law 2021-315)
"flea market" means a place of business or an event:
- that holds itself out to the public as:
- a flea market, or
- a sale that is commonly referred to as a garage sale,
- that is held indoors or outdoors or both,
- that is organized by an owner, operator or promoter,
- at which persons contract for display space from the owner, operator or promoter for the purpose of offering goods for sale by retail,
- that is comprised of five (5) or more participating individuals who are vending on their own behalf, and
- that is open to the public by any means, but does not include an exhibition; (By-law 2005-356)
"food premises" includes a bakeshop, a butcher shop and an eating establishment; (By-law 2002-443)
"gas station" means any premises where the primary business is the sale of fuel to passenger vehicles but may also include the sale of other motor vehicle necessities such as motor oil, windshield wiper fluid and antifreeze; (By-law 2002-319)
“goods” means commodities, merchandise and wares that are offered for sale; (By-law 2008-95)
"GVWR" means the maximum total gross vehicle weight rating of the tow truck or motor vehicle used for towing services, as rated by the manufacturer specification stamp on the vehicle, which includes the weight of the vehicle's chassis, body, engine, engine fluids, fuel, accessories, driver, passengers and cargo; (By-law 2021-315)
“hand-powered vehicle” means a vehicle that is propelled by muscular power; (By-law 2008-95)
“highway” includes the entire right-of-way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, designed and intended for, or used by, the general public for the passage of pedestrians and vehicles; (By-law 2008-95)
"Highway Traffic Act" or "HTA" means the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended, and the regulations passed thereunder;
“household” means a person or a group of people who:
- may or may not be related;
- live together as a single housekeeping establishment; and
- exercise a meaningful degree of collective decision-making and responsibility for the management of the interior of the residential unit; (By-law 2018-302)
"inflatable sign" means a non-rigid, gas or air filled bag or balloon designed or used as an advertising device; (By-law 2005-357)
“in-home breeding kennel” means any premises or part thereof where:
- more than three (3) and less than eleven (11) dogs over the age of twenty (20) weeks, or
- more than five (5) and less than eleven (11) cats over the age of twenty (20) weeks, or,
- more than three (3) dogs over the age of twenty (20) weeks or more than five (5) cats over the age of twenty (20) weeks, where the primary housing for the dogs or cats is in an accessory building(s) or structure(s) on the property, are owned and being bred and raised; (By-law 2013-107)
“intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two (2) or more streets which join one another at an angle, whether or not one (1) street crosses the other; (By-law 2008-95)
"itinerant seller" means a person who goes from place to place or to a particular place with goods for sale by retail, or who carries and displays samples, patterns or specimens of any goods for the purpose of sale or hire that are delivered in the City afterwards, but does not include a person who sells to wholesale or retail dealers in similar goods; (By-law 2005-356)
"license" means the actual license issued under this by-law;
"License Committee" (repealed by By-law 2018-125)
"licensed" means licensed under the provisions of this by-law;
"licensee" means a person licensed under this by-law;
"limousine" (repealed by By-law 2016-272)
"limousine service" (repealed by By-law 2016-272)
"live entertainment or services designed to appeal to erotic or sexual appetites or inclinations" means:
- services of which a principal feature or characteristic is the nudity or partial nudity of any person. For the purposes of this clause "partial nudity" means less than completely or opaquely covered:
- human genitals or human pubic region;
- human buttocks; or
- female breast below a point immediately above the top of the areola;
- services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any other word or any picture, symbol, or representation having like meaning or implication is used in any advertisement; (By-law 2004-353)
"livestock" means cattle, goats, horses, sheep or swine, or the young thereof;
“locally” or “locally grown” and any substantially similar term means that the goods being advertised or offered for sale originated in Ottawa, the counties of Prescott Russell, Stormont, Dundas and Glengarry, Leeds and Grenville, Lanark, and Renfrew and the origin of such goods has been verified by certification by Savour Ottawa, Farmers’ Markets Ontario or another certifying body acceptable to the Chief License Inspector; (By-law 2009-151)
“lot line” means the boundary of a lot; (By-law 2008-96)
"luxury vehicle" (repealed by By-law 2016-272)
"manufactured meat products" means food that is the product of a process and that contains meat as an ingredient and includes meat that is processed by salting, pickling, fermenting, canning, drying or smoking or otherwise applying heat or to which edible fats, cereals, seasonings or sugar have been added; (By-law 2002-443)
"Medical Officer of Health" means the Medical Officer of Health of the City of Ottawa or authorized representative; (By-law 2002-373)
“mobile canteen” means a vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, from which food products and beverages that are prepared or cooked elsewhere than in the vehicle are sold for immediate consumption to individuals at their place of employment, or in the case ice cream or frozen flavoured water products also sold in residential areas as long as the vehicle does not remain more then 10 minutes at a particular location; (By-law 2009-153)
“mobile refreshment cart” means a hand-powered or pedal-powered vehicle from which refreshments may be cooked, carried or offered for sale for consumption to the general public and includes ice cream and frozen milk products; (By-law 2008-96)
“mobile refreshment vehicle” means a motor vehicle licensed as a motor vehicle pursuant to the Highway Traffic Act R.S.O. 1990, c. H.8, as amended, or a trailer from which refreshments are cooked, carried or offered for sale for consumption to the general public and for the purposes of mobile refreshment vehicle licenses issued prior to January 1, 2008 also includes a motor vehicle that once operated under its own power, any other vehicle, or a train car;(By-law 2008-96)
"mobile sign" means a sign that is,
- temporary,
- designed for the manual rearrangement of copy on the sign face, and
- part of, or attached to, a readily relocatable wheeled trailer or frame without wheels, for use in another location,
but does not include,
- a portable sign, or
- a sign attached to a vehicle where the principle use of that vehicle is the transportation of people, goods or other materials; (By-law 2005-357)
"motor vehicle" means a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended; (By-law 2002-319)
"motor vehicle mechanic" (repealed by By-law 2016-272)
"motor vehicle repair or body shop" means any premises where major repairs, body work or painting of motor vehicles are executed; (By-law 2002-319)
"MVSA" (repealed by By-law 2016-272)
“not-for-profit” for the purposes of this by-law means a non-profit organization including a club, society or association that is organized and operated exclusively for social welfare, civic improvement, recreation or any other purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person; (By-law 2008-95)
"notice of additional fee" means a written notice from the Chief License Inspector to a licensee advising them of the requirement to pay an additional fee; (By-law 2004-488)
"Old Municipality" means the old municipalities of the City of Cumberland, the City of Gloucester, the Township of Goulbourn, the City of Kanata, the City of Nepean, the Township of Osgoode, the City of Ottawa, the Township of Rideau, the Village of Rockcliffe Park, the City of Vanier and the Township of West Carleton and "Old Municipalities" has a similar meaning;
“oversize dwelling unit” means a residential unit that:
- is used or intended for use as a residential premises by one household and not more than three roomers or boarders; and
- contains more than four, but no more than eight bedrooms; (added by By-law 2018-302)
“parking enforcement services” means any parking enforcement activity including but not limited to the issuance of tickets, invoices, and payment notices, or authorizing the towing of vehicles through By-Law and Regulatory Services Dispatch, carried on in relation to vehicles parked on private property, but does not include parking enforcement undertaken by the City of Ottawa; (By-law 2021-317)
"parking lot" means land or a structure used for the parking of motor vehicles that is available for public use for compensation; (By-law 2002-319)
“Payday Loans Act, 2008”, means the Payday Loans Act, 2008, S.O. 2008, C.9, as amended, and includes any Regulation passed under it; (2019-381)
“payday loan establishment” means a premises where a person or entity is licensed as a lender or a loan broker under the Payday Loans Act, 2008; (By-law 2019-381)
“payday loan establishment manager” means a person who, alone or with others, has the responsibility of supervising and managing a payday loan establishment; (By-law 2019-381)
“pedal powered vehicle” means a vehicle that is fitted with pedals that are operable at all times to propel the vehicle, and is propelled by muscular power; (By-law 2008-95)
"pedestrian mall or pedestrian promenade" means a mall or promenade established solely or principally as a pedestrian promenade by a by-law of the City of Ottawa, and includes the Sparks Street Mall;(By-law 2005-356)
“Permanent Signs on Private Property By-law” means the Permanent Signs on Private Property By-law of the City of Ottawa (By-law No. 2016-326), as amended, or any successor by-law thereto;(By-law 2021-315)
"person" means a natural person, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context may apply;
“pet shop” means a shop or place where animals for use as pets are sold or kept for sale; (By-law No. 2011-241)
"portable sign" means a rigid, free-standing, moveable sign not fastened by any means to the ground or any structure, and includes an A-frame sign; (By-law 2005-357)
"premises" means a building or part of a building or a place where a person carries on or engages in any of the trades, callings, businesses or occupations described in Section 9 of this by-law; (By-law 2002-319)
"pre-packaged foods" means food that is packaged at a premises other than the premises at which it is offered for sale; (By-law 2002-443)
“private parking enforcement agency” means a person who provides parking enforcement services; (By-law 2011-380)
"private property" means all property in the City and includes property of the municipal, federal and provincial government, but does not include any of the sidewalks and streets thereof or the Sparks Street Mall; (By-law 2005-356)
"prohibited animal" means an animal identified on Schedule "B" to By-law No. 2003-77 being a by-law respecting animal care and control; (By-law 2003-236)
"promoter" means the person who organizes the all night dance event or the exotic animal entertainment event or the exhibition or the flea market, and whose responsibilities may include contracting with entertainers, security firms, owners of premises and advertisers and "promotes" has a similar meaning; (By-law 2005-356)
"proof of insurance" means a certified copy of a policy of insurance or a Certificate of Insurance that shows the proof of liability coverage as required by the applicable Schedule to this By-Law issued by a company authorized to carry on the business of insurance in the Province of Ontario in accordance with the Insurance Act, R.S.O. 1990, Chap. I.8, as amended; such insurance policy shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage;
“Property Standards and License Appeals Committee” means the Committee established pursuant to the provisions of this by-law; (By-law 2018-125)
"property standards requirements" means the property standards requirements set out in the Property Standards By-law No. 2005-207 and the Property Maintenance By-law No. 2005-208 or any by-law enacted in substitution therefor;(By-law 2006-81)
"proprietary club" means all clubs other than those in which the use of any pool, billiard or bagatelle table is only incidental to the main objects of the club; (By-law 2002-373)
"provide" when used in relation to live entertainment or services designed to appeal to erotic or sexual appetites or inclinations includes to furnish, perform, solicit or give such live entertainment or services and "providing" and "provision" have corresponding meanings; (By-law 2004-353)
“Provincial Offences Act” means the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, and the regulations passed under it; (By-law 2021-315)
"public garage" includes an automotive sales or leasing establishment, an automotive service station, a car washing establishment, a gas station, a motor vehicle repair or body shop and a parking lot; (By-law 2002-319)
"public hall" means a building or portion thereof including a portable building or tent that is offered or used as a place of public assembly for any meeting or entertainment and includes cloakrooms, washrooms, kitchens and other service rooms used in connection therewith but does not include a theatre licensed under the Theatres Act, R.S.O. 1990, Chap. T.6, as amended or a building or portion thereof except a tent used solely for religious purposes, a college, school or university when used for educational purposes only and a lodge when used for lodge purposes only; (By-law 2002-373)
"public markets" means the public markets established by the Markets By-law Number 191-95 of the old Corporation of the City of Ottawa", as amended, and known as By Ward Market and Parkdale Market, or any by-law enacted in substitution therefore; (By-law 2005-356)
“recovery service” means a service carried out to relocate or reposition a vehicle that involves the use of a winch or a specialized extraction device and that must be performed to prepare a vehicle for attachment or towing, but does not include the use of a hoisting device, a hook, a dolly, a flat bed, or other standard equipment used in the towing of a vehicle; (By-law 2021-315)
“recreational kennel” means any premises or part thereof where:
- more than three (3) dogs and less than eleven (11) dogs over the age of twenty (20) weeks, or
- more than three (3) dogs over the age of twenty (20) weeks where the primary housing for the dogs is in an accessory building(s) or structure(s) on the property, are owned and raised for non-commercial recreational purposes, such as dog sledding, but are not bred for sale; (By-law 2013-107)
“refreshment stand” means a temporary structure from which refreshments are cooked, carried or offered for sale to the general public and includes a stand, table, booth, trailer, tent, kiosk or other similar structure; (By-law 2008-96)
“refreshments” includes food products and beverages sold for immediate consumption; (By-law 2008-96)
“rescue organization” means a registered not-for-profit or registered charitable organization whose mandate and practices are predominately the rescue and placement of cats and dogs, and the facilitation of the spaying and neutering of animals for animal welfare purposes; (By-law 2016-200)
“residential unit” means a self-contained set of rooms location in a building, designed to be lived in by one or more persons, and which contains sleeping, kitchen and bathroom facilities that are intended for the exclusive use of the residents of the unit, and is not a mobile home or other vehicle; (By-law 2018-302)
“residential use building” means a building composed solely of residential units, and residential use and residential premises have corresponding meanings; (By-law 2018-302)
"rickshaw" means a vehicle propelled by muscular power, including a pedal-powered vehicle and a cargo power-assisted bicycle, as defined in the City of Ottawa E-cargo Bike By-law No. 2021-290, that is used for hire for the conveyance of persons; (By-law 2021-339)
"rickshaw operator" means a person engaged in operating a rickshaw for or on behalf of another person who is the owner thereof and where an owner personally operates a rickshaw, shall include the owner; (By-law 2005-119)
"rickshaw owner" means any person owning a rickshaw or having possession or control thereof under an instalment purchase agreement or by way of rental; (By-law 2005-119)
“rooming house” means a residential unit, other than a group home, retirement home or converted retirement home, that:
- is not used or intended for use as a residential premises by a household or
- is intended for use as a residential premises by a household and more than three roomers or boarders; or
- contains more than eight bedrooms; (By-law 2018-302)
“rooming house, converted” (repealed by By-law 2018-302)
“rooming house owner” means the person who owns or leases the lands on which the rooming house is located and who manages or receives the rent for the rooming units of the rooming house; (By-law 2008-237)
“rooming unit” means a room, or a suite of rooms including no more than two bedrooms, that constitutes a separate, independent residential occupancy, but which is not self-contained and which requires access to other parts of the residential unit intended to serve the residents, including shower or bath facilities, eating areas, kitchens or bathrooms; (By-law 2018-302)
"run sheet" means a daily record of tows and towing services provided by a tow truck driver in a form that is dated and numbered by consecutively numbered bills or invoices; (By-law 2021-315)
“rural area” for the purposes of this by-law means Wards 5- West Carleton March, 19- Cumberland, 20-Osgoode and 21-Rideau-Goulbourn in the City; (2009-152)
“rural itinerant seller” means a person who within the rural wards only, goes from place to place or to a particular place with goods for sale by retail, or who carries and displays samples, patterns or specimens of any goods for the purpose of sale or hire that are delivered in the rural area of the City afterwards, but does not include a person who sells to wholesale or retail dealers in similar goods; (By-law 2009-151)
“rural mobile canteen” means a vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, from which food products and beverages that are prepared or cooked elsewhere than in the motor vehicle are sold for immediate consumption to individuals at their place of employment or in the case of ice cream and frozen flavoured water products also sold in residential areas, as long as the vehicle does not remain more than 10 minutes at a particular location in the rural area, and is also referred to as a “rural refreshment vehicle” for the purposes of this by-law; (By-law 2009-152)
“rural refreshment stand” means a temporary structure from which food products or beverages are cooked, carried or offered for sale to the general public and includes a stand, table, booth, trailer, tent or kiosk or other similar structure at a rural special event only, in the rural area; (By-law 2009-152)
“rural refreshment vehicle” means a hand-powered vehicle, pedal-powered vehicle, motor vehicle or trailer from which refreshments are carried, offered for sale or sold for consumption to the public in a rural area. For the purpose of licenses issued prior to May 14, 2009 also includes a motor vehicle that once operated under its own power, any other vehicle or a train car, in the rural area; (By-law 2009-152)
“rural special event” means an event that is held outdoors or indoors or both, that is held on private or public property, that has a general theme or subject, that is open to the public by any means, and that has a set duration and may include a demonstration, parade, sports event, festival, carnival, donation station, street dance, residential block party, community event, sidewalk sale and other similar events, in a rural area; (By-law 2009-152)
“rural wards” for the purposes of this by-law means Ward 5 - West Carleton March, Ward 19 - Cumberland, Ward 20 - Osgoode and Ward 21 - Rideau - Goulbourn in the City; (By-law 2009-151)
"safety standards certificate" means a safety standards certificate issued pursuant to Sections 88 to 100 of the Highway Traffic Act;
“salvage yard” means an establishment or premises where salvaged articles or things are stored wholly or partly in the open including derelict, discarded, abandoned or inoperable motor vehicles and includes a junk yard, a scrap yard and an automobile wrecking yard; (By-law 2005-325)
"second-hand goods" means collector cards; coins; printed currency; valuable figurines; jewelry made of precious metal with or without precious or semi-precious stones; compact discs; computers; computer accessories including monitors, printers and fax modems; computer games; computer software including cartridges and discs; computer hardware; videos in both VHS and DVD formats; video games; electronic equipment; radios; television sets; tools; stereos; telephones; medals; musical instruments; photographic equipment; bicycles; sports equipment; leather jackets and watches; (By-law 2005-324)
"second-hand goods shop" means a building or part of a building, booth, stall or place where second-hand goods are stored, displayed or offered for sale by retail, but does not include a shop where the rental of the goods represents at least seventy percent (70%) of the total gross sales of the shop; (By-law 2005-324)
"seller" means any person who owns a second-hand good and sells, offers for sale or offers in exchange such second-hand good to a second-hand goods shop; (By-law 2005-324)
“service animal” means:
- an animal that can be readily identified as one that is being used by the person for reasons relating to the person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or
- an animal for which the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability:
- A member of the College of Audiologists and Speech Language Pathologists of Ontario,
- A member of the College of Chiropractors of Ontario,
- A member of the College of Nurses of Ontario,
- A member of the College of Occupational Therapists of Ontario,
- A member of the College of Optometrists of Ontario,
- A member of the College of Physicians and Surgeons of Ontario,
- A member of the College of Physiotherapists of Ontario,
- A member of the College of Psychologists of Ontario,
- A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario; (By-law 2018-125)
"shop" means a building or part of a building, booth, stall or place or vehicle where goods are exposed, displayed or offered for sale by retail;
“sidewalk" includes all such parts of a highway as are set aside by the City for the use of pedestrians or used by the general public for the passage of pedestrians, and includes the boulevard and a pedestrian walkway; (By-law 2008-95)
"sign" means any visual medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction, information, identification, advertisement, business promotion or the promotion of a product, activity, service or idea; (By-law 2005-357)
"sign face" means the portion of the sign upon, against or through which the message of the sign is displayed, but does not include the sign structure; (By-law 2005-357)
"sign structure" means a structure that is constructed to support a sign face at ground level; (By-law 2005-357)
"Snow Plow" means;
- a motor vehicle as defined in the Highway Traffic Act (Ontario) equipped with a snow blower, snow plow or other snow clearing device, and
- a self-propelled vehicle of a design commonly used for snow plowing or snow removal including a tractor while equipped with a snow blower, a snow plow or other snow clearing device, a front-end loader or a backhoe; (By-law 2002-320)
"Snow Plow Contractor" means a person who is engaged in the business of contracting for the plowing or removal of snow on or from private property by means of a snow plow; (By-law 2002-320)
“snow plow driveway marker” means a temporary, non-illuminated indicator or guide inserted with a vertical orientation into the ground on private property or a City right of way that serves to mark the edge of a driveway for a licensed snow plow contractor, and which is permitted under and complies with Schedule 4 of this by-law; (By-law 2018-10)
"Snow Plow Operator" means a person who drives a snow plow; (By-law 2002-320)
“special event” means an event that is held outdoors or indoors or both, that is held on private or public property, that has a general theme or subject, that is open to the public by any means, and that has a set duration and may include a demonstration, parade, sports event, festival, carnival, donation station, street dance, residential block party, community event, sidewalk sale and other similar events; (By-law 2008-95)
“specified body area” means any one or more of the following:
- in the case of a female person, her areolae; and
- in the case of all persons, the genitals and anus; (By-law 2005-414)
“specified sexual activity” means one or more of the following: actual or simulated sexual intercourse, masturbation, ejaculation, sodomy, bestiality, oral sexual intercourse, direct physical stimulation of unclothed genital organs or flagellation or torture in the context of a sexual relationship or activity; (By-law 2005-414)
“stand” means a table, booth, trailer, tent, kiosk or similar structure; (By-law 2008-95)
“street” means that part of the highway that is improved, designed or ordinarily used for vehicular traffic; (By-law 2008-95)
“stretch vehicle” (repealed by By-law 2016-272)
"taximeter" (repealed by By-law 2016-272)
"temporary limousine" (repealed by By-law 2016-272)
"temporary sign" means a sign not permanently installed or affixed to any structure or building and includes:
- an inflatable sign,
- a mobile sign, and a
- portable sign; (By-law 2005-357)
"temporary sign lessor" means a person carrying on the business of leasing temporary signs in the City of Ottawa; (By-law 2005-357)
“to provide” when used in relation to an adult entertainment store includes to sell, offer to sell or display for sale by retail, or to rent, offer to rent or display for rental, whether or not the cost, fee or other consideration passes at the time of such rental or sale, or is effected through the cost of membership, subscription, admission or any other manner and “provided”, “providing” and “provision” have corresponding meanings; (By-law 2005-414)
"tobacco vendor" means the owner or operator of premises wherein tobacco products are sold by retail; (By-law 2004-494)
"tow customer" means the owner of a towed motor vehicle, or in the absence of the owner,
- the agent of the owner of the towed motor vehicle, duly authorized by the owner to exercise control of the towed motor vehicle on the owner's behalf; or
- any person having lawful custody of a motor vehicle or the legal right to possession thereof; (By-law 2021-315)
"tow service" means providing or offering the service of a tow truck, for compensation, from a point in the City of Ottawa to any point within or beyond the City of Ottawa, including but not limited to:
- assisting the owner, operator, driver or passenger of a motor vehicle or trailer to pull, tow, carry, or lift a motor vehicle or trailer; or
- conveying the owner, operator, driver or passenger of a motor vehicle or trailer in a tow truck; (By-law 2021-315)
"tow service operator" means the owner or operator of a business providing one or more towing services; (By-law 2021-315)
"tow service plate" means the numbered metal plate issued by the City of Ottawa to be affixed to the tow truck as required under this by-law; (By-law 2021-315)
"tow truck" means a motor vehicle, including a flat bed tow truck, that is designed, modified or used for providing tow services including pulling, towing, carrying, lifting of a motor vehicle or trailer that may be damaged, disabled, abandoned, or otherwise; (By-law 2021-315)
"tow truck driver" means an individual who drives a tow truck at any time when the tow truck is providing or available to provide a tow service, including a tow truck operator who drives a tow truck he or she owns; (By-law 2021-315)
“Traffic and Parking By-law” means the City of Ottawa Traffic and Parking By-law No. 2017-301, as amended, or any successor by-law thereto; (By-law 2021-315)
“trailer” means a wheeled vehicle capable of being towed and not capable of motion under its own power; (By-law 2008-96)
"transaction record" means any document related to the purchase or taking in exchange of any second-hand good; (By-law 2005-324)
"unobstructed" means without obstruction by walls, structures curtains or any other screen or enclosure; (By-law 2004-353)
“vehicle storage facility” means a yard, lot, building, structure or facility, or a portion thereof, used for the temporary storage of motor vehicles towed from a collision scene or otherwise towed and awaiting repair or demolition or retrieval, and includes storage or impounding that is part of a towing service, but does not include accessory vehicle storage at a public garage; (By-law 2021-315)
“vehicle storage facility operator” means an owner or operator of a vehicle storage facility; (By-law 2021-315)
“vend” or “vends” or “vending” includes the offer to sell, the display for sale and the sale; (By-law 2008-95)
“video” includes cinematographic or motion picture film, videotape, video disc and any other medium from which may be produced visual images that may be viewed as moving pictures; (By-law 2005-414)
“video store” means any premises or part thereof in which videos are provided; (By-law 2005-414)
"zoning requirements" means the zoning requirements set out in a Zoning By-law of an Old Municipality applicable to the geographic area in which the property is located, or any by-law enacted in substitution therefore.
Section 2 - Interpretation
- This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.
- Where the time for doing any act or taking any proceeding expires on a Saturday, Sunday or Public Holiday, the act or proceeding may be done or taken on the next workday.
- Upon the expiration of the time prescribed for the doing of any act or the taking of any proceeding, the Chief License Inspector, the Property Standards and License Appeals Committee, and the Council are divested of all jurisdiction to deal with the application and the times prescribed shall not be enlarged or abridged or attempted to be enlarged or abridged by any of them. (By-law 2018-125)
- Where notice is sent by registered mail, the date of service on the applicant is the date of the next work-day following the date of mailing.
- Where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be standard time, provided however, if what is known as "daylight saving time" has been generally adopted in the City for any period of the year, under any statute, order-in-council, by-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law.
- It is declared that if any section, subsection or part or parts thereof be 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.