Hamilton By-law 07-170, s. 30(30) — Licensing By-law (Short-Term Rentals)

calendar days; “conveyance ” means to carry, transport, transfer or move; “disabled ” means any physically, emotionally or mentally handicapped person who is unable because of mobility impairment to use a regular public transit facility; “disabled passenger ” means a passenger who is physically disabled; “dispatch ” means the communication of an order or information in any manner between a taxicab broker and a taxicab driver; “driver’s licence ” means a licence issued to a taxicab vehicle driver under this Schedule and “licensed driver” has a corresponding meaning; “dues ” means any amount of money charged by a taxicab broker to a taxicab owner to receive orders from the taxicab broker; “fare ” means the amount of money displayed on the taxicab meter at the conclusion of a trip, or the flat rate allowed under this Schedule for the trip, together with any additional charges allowed under this Schedule and, where the context so requires, shall also refer to the Tariff/Fare rates set out in Appendix “1” of this Schedule; Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “Fees Schedule ” means the User Fees and Charges By-law, as amended from time to time;
• “fleet” means one or more taxicabs being dispatched by one taxi broker or owned by the same person;
• “fleet owner ” means the owner of a fleet;
• “grossly unclean person ” means a person covered in an amount of dirt and/or other material so excessive that if transported by the driver, the state of the person could leave the interior of the vehicle in a unclean state;
• “highway ” includes a road allowance, a common and public highway, street, avenue, parkway, boulevard, square, place, bridge, viaduct or trestle, designed and intended for or used by the general public for the passage of vehicles;
• “Highway Traffic Act ” means the Highway Traffic Act R.S.O. 1990 c.H. 8, as amended, and the regulations there under;
• “lease ” means any contract, agreement, understanding or other arrangement whereby an owner permits another person to manage, operate, control, have custody of, or otherwise employ his or her taxicab and owner’s plate, other than permitting a driver to drive the taxicab for one normal driver’s shift where the taxicab is returned to the owner at the end of such shift;
• and “to lease a taxicab” includes the act of any

owner in entering into or becoming a party to such a contract, agreement, understanding or other arrangement. Without limiting the generality of the foregoing, “lease” also includes a power of attorney, management contract and any other arrangement or agreement whereby any person other than an owner is allowed to exercise or does exercise any of the rights set out herein; “lease agreement ” means a written agreement wherein a limited interest in a licence is temporarily transferred by a taxicab owner, and containing terms and conditions prescribed in section 49 and any other terms and conditions not contrary to this Schedule; Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “lessee ” means a person who is either a licensed taxicab owner or taxicab driver under this Schedule and who has entered into a lease with a licensed taxicab owner through which the person acquires certain rights from the owner and under takes to fulfill certain responsibilities with respect to the use of the taxicab owner’s licence, licence plate and vehicle and shall have all the obligations and duties of a taxicab

owner in this Schedule; “lessor ” means a taxicab owner licensed under this Schedule and who has entered into a lease with a licensed taxicab owner or taxicab driver through which the owner gives certain rights but maintains the responsibility to ensure that the lessee carries on or engages in the conveyance of passengers while in compliance with the provisions of this Schedule; “licence ” means the document issued, pursuant to this Schedule, to an applicant for same by the City as evidence of being licensed under this Schedule; “licensee ” means any person licensed under this Schedule; “licensed ” means licensed under this Schedule; “model year” means the year of the vehicle as identified on the Owner’s Vehicle (18-252) Permit Portion to be calculated from January 1 to December 31; “motor vehicle ” means an automobile and any other vehicle propelled or driven other than by muscular power, but does not include the cars of electric or steam railways, or a motorized snow vehicle, traction engine, farm tractor, self propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act R.S.O. 1990 c.H. 8; “Municipal Act, 2001 ” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and any regulations there under; Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “new accessible taxicab owner’s licence ” means an accessible taxicab owner’s licence issued, transferred or purchased after September 2017, except renewals (18-040) existing at the date of the enactment of this Schedule;
• “new taxicab owner’s licences ” means taxicab owner’s licences issued after the original date of enactment of this Schedule, May 28, 2003, save and except renewals or approved transfers of taxicab owner’s licences existing at the date of the enactment of this Schedule;
• “order ” means a request for the conveyance of passengers by a taxicab received by

a taxicab broker;

• (i) “owner ” means owner of a taxicab plate; and
• (ii) “owner’s plate ” means a metal vehicle licence plate bearing a number specific to a vehicle issued to a taxicab owner under this Schedule; “passenger ” means any person in a taxicab other than the driver; “party ” means any person who has an interest in any premise or vehicle licensed under this Schedule and includes the City; “Priority List” means the list of applicants for a taxicab owner licence maintained by the Director of Licensing and made available to the public with names set out thereon in chronological order as to the date and time of receipt; “public place ” means places to which the public is invited and include parking lots, plazas, municipal properties and road allowances; “registered owner ” means the person shown to be the owner of a motor vehicle according to the records maintained by the Registrar of Vehicles for the Province of Ontario; “revoke ” means to withdraw or rescind; Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “Safety Standard Certificate ” means a safety standard certificate issues pursuant to Section 88 to 100 of the Highway Traffic Act R.S.O. 1990, c H. and is issued by a government-approved motor vehicle inspection station (MVIS) after a vehicle passes an inspection which covers the minimum safety requirements for vehicles in the (17-259) province of Ontario; “Schedule ” means Schedule 25 to By-Law 07-170; “spare vehicle ” means a vehicle that has been authorized by the Issuer of Licenses to be used as a taxicab in substitution for a vehicle for which an owner’s licence has been issued, pursuant to the provisions of this Schedule; “sub-lease ” means an agreement between a lessee and a person under which the lessee provides certain rights that he or she has acquired from a licensed owner and where the person undertakes to fulfil certain responsibilities to the lessee; “Tariff card ” means the card issued by the Director of Licensing setting out the tariff/fares set out in Appendix “1” and shall at all time be and remain the property of the City; “taxicab ” has the following meanings:
• (i) for the purposes of Sections 2 and 11, a motor vehicle as defined in the Highway Traffic Act, used for the conveyance of passengers for hire, compensation or reward
• (ii) a motor vehicle as defined in the Highway Traffic Act, used for the conveyance of passengers for hire, compensation or reward for one specific trip exclusively of one person or group of persons, that is approved for use by the Director of Licensing and equipped with a taximeter and four (4) accessible doors and has a seating capacity of not less than four (4) persons, including the driver, and not more than Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx ten (10) persons, including the driver, and may include a van type vehicle having not less than three doors;
• (iii) a vehicle with the following characteristics: providing transportation on demand, where the location of boarding of the passenger and the destination is unknown in advance of the request of the passenger, where the passenger chooses the destination, where there are no set routes, schedules or stops for boarding, and where any repeat or regular trips by a passenger or passengers are made based on the passengers need or needs for transportation without a relation to the special features of the vehicle; “taxicab broker ” means any person who carries on the business of accepting calls, orders and/or dispatching taxicabs that are used for hire; “taxicab driver ” means a person who is licensed as such or required to be licensed as such under this Schedule and includes a taxicab owner who drives a taxicab; “taxicab owner ” means a person who is licensed as such or required to be licensed as such under this Schedule and includes a lessee, licensed under this Schedule, of

a taxicab owner’s vehicle; “taximeter ” means a measuring device used in a taxicab to calculate the fare payable for a meter trip; “taxicab stand ” means a stand or place on a highway or area of land set aside or assigned by the City for the purpose of providing a site for use by a taxicab or taxicabs while it is waiting for, picking up, or otherwise carrying on or engaged in the conveyance of passengers and that is marked by authorized signs; “trip ” means the distance and time traveling or the distance and time to be traveling measured from the time and point at which the passenger first enters the taxicab or

when the meter is first engaged to the time and point at which the passenger finally leaves the taxicab or the meter is disengaged; Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “trip sheet ” means the written record of the details of each trip of a taxicab as prescribed in this Schedule;
• and “vehicle ” means a motor vehicle.