2008 O - 27 - REGULATING THE OPERATION OF VIDEO KARAOKE MACHINES/UNITS IN THE CITY OF OLONGAPO AND THE IMPOSITION OF PENALTIES IN VIOLATION THEREOF

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 30, 2008 AT THE CITY HALL.

PRESENT:
Hon. Cynthia G. Cajudo - - - - - - - - - - - City Vice-Mayor & Presiding Officer

Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes - - - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia- - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:
None.

WHEREAS, Section 458 of the Local Government Code of 1991 empowers the Sangguniang Panlungsod to approve ordinances for the general welfare and prescribe penalties for any violation thereof;

WHEREAS, it is a common knowledge that there is already a rapid proliferation of video karaoke joints/establishments in the City today;

WHEREAS, even small sari-sari stores in residential areas have also engaged in the business of operating video karaoke machines/units in open spaces and usually coin-operated, undeniably causing overwhelming disturbance in the affected communities;

WHEREAS, it has become an undeniable fact that the indiscriminate use and operation of video karaoke machines/units extend into what is generally accepted as sleeping hours;

WHEREAS, video karaoke joints/ establishments, particularly those whose construction and set up are inconsistent with City Ordinance No. 43, Series of 2006 otherwise known as “An Ordinance Revising the Zoning Regulations for the City of Olongapo and Providing for the Administration, Enforcement and Amendment Thereof and for the Repeal of all Ordinances in Conflict Therewith,” have not only been causing disturbance to communal tranquility but have been also known to exhibit and project lewd and obscene images on its screens/monitors which tend to corrupt the minds of minors;

WHEREAS, video karaoke joints/establishments have started becoming venues for gambling and betting as well;

WHEREAS, affected residents and even Barangay Officials have expressed their concerns about the situation and have requested the City Government through the City Council to immediately address the matter;

NOW, THEREFORE, on motion of Councilor Angelito W. Baloy, with the unanimous accord of the Members of the Sangguniang Panlungsod present,


RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 27
(Series of 2008)

AN ORDINANCE REGULATING THE OPERATION OF VIDEO KARAOKE MACHINES/UNITS IN THE CITY OF OLONGAPO AND THE IMPOSITION OF PENALTIES IN VIOLATION THEREOF

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Short Title. This Ordinance shall be known as the “VIDEO KARAOKE MACHINE ORDINANCE OF OLONGAPO CITY.”

SECTION 2. Definition of Terms.

(a) Video Karaoke Machine/Unit. Any equipment or musical contrivance comprising of a television set or monitor, video player, amplifier, speakers, microphones and any sound system used for sing-along whereby lyrics of a song with accompanying visual backdrops are seen on a monitor or screen.

(b) Coin-Operated Videoke Machine (COVIM). Similar to (a) but operated via coins.

(c) Video Karaoke Joints/Establishments. Any establishment operating and/or maintaining video karaoke machines/units.

(d) Lewd/Obscene Images. As defined in Ordinance No. 21, Series of 2008.

(e) Open Spaces. Refers to any unclosed area or surrounding.

SECTION 3. Prohibitions.

(a) No operation and/or lease of video karaoke machines/units or COVIM shall be allowed in open spaces.

(b) No gambling or betting in any form shall be allowed in Video Karaoke joints/establishments.

(c) No minor shall be allowed to enter any video karaoke joints/establishments unless allowed under the exceptions provided under Section 10 (b) of Republic Act 7610 otherwise known as “An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and for Other Purposes.”


SECTION 4. Exemptions.

(a) In case of wakes, anniversaries, birthdays, christenings, city and barangay fiestas, Christmas and New Year wherein video karaoke machines/units or COVIM are usually employed for recreation and entertainment, the recommended volume of forty decibels (40 dB), equivalent to normal conversation volume level, shall be strictly observed as to maintain tranquility within the community.

(b) The use of video karaoke machines/units or COVIM in the aforementioned circumstances shall cease at eleven o’ clock post meridian until seven o’ clock ante meridian of the next day.

SECTION 5. Requirements. A Mayor’s Permit must be secured by the operators of video karaoke machines/units or COVIM and/or video karaoke joints/establishments after the following requirements are complied with, to wit;

(a) Barangay Clearance.

(b) Maintenance and operation of video karaoke machines/units only inside the closed premises of the video karaoke joint/establishment.

(c) Provision of an area for video karaoke patrons immediately fronting the video karaoke machine/unit, with the sound emanating from which to be modulated accordingly with the use of sound reduction materials or devices to minimize noise.

(d) Posting of signage bearing the phrase “THIS ESTABLISHMENT ADHERES TO THE VIDEO KARAOKE MACHINE ORDINANCE OF OLONGAPO CITY” in a conspicuous area in their premises.

(e) Other requirements set forth by the Business Permits Office.

(f) As per Section 4 of this Ordinance, a clearance shall be obtained from the Office of the Barangay Captain prior to the use of the machine. In case of rented video karaoke machines/units or COVIMs, a business permit from the operator/lessor and a letter of consent signed by at least twenty (20) neighbors closest to the venue of occasion shall form part of the barangay requirements in the issuance of a clearance.

SECTION 6. Penalties. Any person found in possession of unsanctioned video karaoke machines/units or COVIM in violation of Sections 3 and 5 hereof shall be penalized in the manner herein provided below, to wit:

(a) FIRST OFFENSE. A fine of One Thousand Pesos (PhP 1,000.00), or imprisonment of not more than One (1) Month, or both, at the discretion of the court.

(b) SECOND OFFENSE. A fine of Three Thousand Pesos (PhP 3,000.00), or imprisonment of not more than Two (2) Months but not less than One (1) Month, or both, at the discretion of the court.

(c) THIRD OFFENSE. A fine of Five Thousand Pesos (PhP 5,000.00), or imprisonment of not more than Three (3) Months but not less than Two (2) Months, or both, at the discretion of the court. In addition, the joint establishment shall be subject for closure and its license or permit revoked and the video karaoke machines/units confiscated.

Moreover, the manager, operator or person in charge of the administration of the video karaoke joint/establishment shall be held liable together with the owner thereof.

SECTION 7. Enforcement.

(a) The Barangay, PNP, City Planning & Development Office, City Engineering Office, City Legal Office and Business Permit Office shall be the lead coordinating agencies in the implementation of this ordinance.

(b) Barangay authorities shall be tasked to monitor the noise level produced particularly during the exempted circumstances stated in Section 4 hereof and shall be further empowered to enjoin the termination of the activity and initiate the issuance of a citation if found in violation of the responsibilities contained herein.

(c) The citation shall consist of two (2) copies and shall both contain the full name of the violator including complete and latest address, contact particulars, nature of the offense and the corresponding penalty.

(d) Upon receipt of a citation, the violator shall be given ten (10) days to settle the penalty at the City Treasurer’s Office and thereafter provide the concerned barangay with a copy of the receipt of payment. Otherwise, the matter shall be turned over to the City Legal Office for lawful action.

(e) Confiscated video karaoke machines/units or COVIM shall be under the custody of the Business Permit Office.

SECTION 8. Repealing Clause. Any ordinance in conflict with any provision hereof, shall be deemed repealed or modified accordingly.

SECTION 9. Separability Clause. Should any provision of this ordinance be declared unconstitutional or invalid, the other provisions not so declared shall continue to be in full force and effect.

SECTION 10. Effectivity.

(a) This ordinance shall take effect immediately following its publication in a newspaper of general circulation in the City of Olongapo.

(b) Finally, for the purpose of this ordinance, all operators, owners and any other person currently operating video karaoke machines/units or COVIM and video karaoke joints/establishments are hereby given a period of sixty (60) days to reckon from the date of its effectivity, within which to comply with the provisions herein provided.


APPROVED UNANIMOUSLY, April 30, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


CHEENEE F. HOYA
SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor