2009 O - 13 - PROHIBITING THE INSTALLATION AND DISPLAY OF BUNTINGS AND PENNANTS MADE WITH PLASTIC & NON-BIODEGRADABLE MATERIALS ALONG THE STREETS

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 09, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - - - City Councilor
Hon. Rodel S. Cerezo - - - - - - “ “
Hon. Edwin J. Piano - - - - - - “ “
Hon. Angelito W. Baloy - - - - - “ “
Hon. Aquilino Y. Cortez, Jr.- - - - “ “
Hon. Anselmo A. Aquino- - - “ “
Hon. Elena C. Dabu- - - - - - “ “
Hon. Jonathan G. Manalo- - - “ “
Hon. Carlito A. Baloy - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya- - - - - SK Federation President

ABSENT:

Hon. John Carlos G. Delos Reyes - - - City Councilor
Hon. Sarah Lugerna Lipumano-Garcia- - “ “


WHEREAS, during festivals and celebrations in the City of Olongapo, including religious and barangay festivities and occasions, it has been the tradition to install buntings “banderitas”, pennants “pasabit” along streets, roads and public places;

WHEREAS, such items are often hand made using plastic bags, soft drink straws, plastic straw strings or plastic buntings printed with the graphic commercial products and brands supplied by traders and companies;

WHEREAS, plastics and other similar items are non-biodegradable and are pollutants, with studies saying it will remain in the environment for hundreds of years, thereby causing long-term pollution and often cause the blocking of drainage and sewer pipes, resulting to flooding. Also plastic materials discarded to the ecosystem cause death and injuries to animals ingesting it;

WHEREAS, there are environment-friendly, recyclable, indigenous and natural materials that can be used to make buntings and decorative objects like rice stalks, fallen leaves, empty aluminum soft drink cans and juice containers;

WHEREAS, the City Government of Olongapo, a trailblazer in environmental protection and ecological best practices including the establishment of the country’s first solid waste management program, realizes the need to sustain the development of its tourism industry and protect the health of its community, must take bolder step towards protecting the environment;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr. with the majority decision of the Members of the Sangguniang Panlungsod present;

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


ORDINANCE NO. 13
(Series of 2009)

AN ORDINANCE PROHIBITING THE INSTALLATION AND DISPLAY OF BUNTINGS AND PENNANTS MADE WITH PLASTIC & NON-BIODEGRADABLE MATERIALS ALONG THE STREETS, ROADS AND PUBLIC PLACES WITHIN THE CITY OF OLONGAPO.

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

SECTION 1. Scope

The City in line with this thrust deems it best to ban as well as prohibit the installation and display of buntings (banderitas), pennants (pasabit) along streets, roads and public places made of plastic materials or non-biodegradable materials such as plastic bags, soft drink straws, plastic straw strings or plastic buntings printed with the graphic commercial products and brands supplied by traders and companies and by doing so, hereby penalizes its violators/ offenders.

Thus, excluded from the coverage are buntings and pennants made of biodegradable materials such as, but not limited to cloth and natural fibers.

SECTION 2 . Definition of terms

Buntings or banderitas- little flags\ or strips of plastics tied on a string and hanged, used as holiday decorations with or without print of brand name, company logo or product image.
Pennants or pasabit - any long, narrow, usually triangular flag, as used in naval signal hoists, for school banner, for decoration, etc.
Plastics - the general common term for a wide range of synthetic or semisynthetic organic solid materials suitable for the manufacture of industrial products. Plastics are typically polymers of high molecular weight, and may contain other substances to improve performance and/or reduce costs.

Thermoplastics – One of the two (2) main type of plastics. When exposed to heat, will melt in two to five minutes. Some examples of thermoplastics are grocery bags, piano keys and some automobile parts.

Polyethylene (PE), sometimes known as polythene, this material evolved into two forms, low density polyethylene (LDPE), and high density polyethylene (HDPE) which are commonly used to make plastic bags and packaging materials.

Non-biodegradable – not capable of being decomposed or broken down by other living organisms in a natural environment.


SECTION 3. Enforcement

(a) Lead Agency

The Barangay, Environmental Sanitation and Management Office (ESMO) and the Office of Traffic Management and Public Safety (OTMPS) shall be the lead coordinating agencies in the implementation of this ordinance. Furthermore, they shall be empowered to issue citations to violators of the provisions contained herein.

(b) Permits

Parties who wish to install and display buntings and pennants made of biodegradable materials as herein mentioned must first secure a permit from ESMO by submitting :

(1) A letter of request
(2) A sample of the actual material to be used

(c) Citation Ticket

a. 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.

b. Upon receipt of a citation, the violator shall be given ten (10) days to settle the penalty at the City Treasurer’s Office. Otherwise, the matter shall be turned over to the City Legal Office for lawful action.

(d) Other Duties

The party granted the permit to install and display buntings and pennants shall also be required to ensure that :

a. The materials shall be installed only within ten (10) days prior to the actual date of the event for which the materials are to be used;

b. The materials displayed or installed shall be properly removed within a period of ten (10) days after the event for which the materials were displayed or installed.

SECTION 4. Penalties

Any person whether natural or juridical, including managers and proprietors, who are found in violation of the provisions of this ordinance shall be fined as follows:

(a) FIRST OFFENSE. A fine of Five Hundred Pesos (PhP500.00).

(b) SECOND OFFENSE. A fine of One Thousand Pesos (PhP1,000.00).


(c) THIRD OFFENSE. A fine of Two Thousand Five Hundred Pesos (PhP2,500.00), or imprisonment of not more than Three (3) Months or both, at the discretion of the court and in the case of business entities, cancellation of their licenses or permit for one (1) year.

SECTION 5. Repealing Clause

Any ordinance in conflict with any provision contained herein shall be deemed repealed or modified accordingly.

SECTION 6. 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 7. Effectivity. This ordinance shall take effect immediately following its publication in a newspaper of general circulation in the City of Olongapo.

APPROVED, March 09, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Abstained) (Absent)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Absent)

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

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


ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor


CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay 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