2009 O - 35 - PROHIBITING THE POSTING OF BILLBOARDS ALONG FENCED AREA OF ANONAS BRIDGE, WEST TAPINAC

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 18, 2009 AT THE CITY HALL.

PRESENT:

Hon. Gina Gulanes-Perez - -City Councilor & Temporary Presiding Officer

Hon. John Carlos G. delos Reyes- - City Councilor

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. Jonathan G. Manalo - - - - “ “.

Hon. Cheenee F. Hoya- - - SK Federation President

ABSENT:

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

(On Leave)

WHEREAS, there is a mandate under Section 16 of the Local Government Code of 1991 (RA No. 7160) to exercise the necessary authority to ensure efficient and effective governance, and to promote public health and safety;

WHEREAS, Local Government Units are mandated to protect the general public from nuisance structures or those which adversely bear on the health and safety of the local community;

WHEREAS, relative to RA No. 7160, Article 694 in conjunction with pertinent provisions of the Civil Code of the Philippines, classify as nuisance those which injures or endangers the health and safety of others, and/or which obstructs or interferes with the free passage of any public highway or street, and/or hinders or impairs the use of property;

WHEREAS, the public bridges and highways, walls, and other forms of improvements which are of general use to the public must be protected from structures which pose, or tend to pose danger, or impair or tend to impair, or obstruct or tend to obstruct its utilization in the manner for which it has been generally intended, or which affect the public in such a way as to distract their attention and increase the risks of accident and other forms of danger to public health and safety;

WHEREAS, in the exercise of its inherent authority of benevolent regulation, Local Government Units are empowered to undertake measures to protect the general public such as the regulation of the use of public areas, structures, bridges and other like public properties and the designation of the proper areas for public postings and if demanded by public interest and protection, to prohibit postings which constitute public nuisances;

NOW, THEREFORE, on motion of Councilor Edwin J. Piano, 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. 35

(Series of 2009)

AN ORDINANCE PROHIBITING THE POSTING OF BILLBOARDS ALONG THE FENCED AREA OF ANONAS BRIDGE WEST TAPINAC

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

SECTION 1. Posting of Billboards along the fenced area of Anonas Bridge, Barangay West Tapinac is hereby prohibited.

SECTION 2. Billboards shall be posted in areas designated by the Office of the City Mayor thru the recommendation of City Planning Office and as prescribed in Ordinance No.81 Series of 2005.

2.1 Billboards posted along the fenced area of Anonas Bridge, Barangay West Tapinac shall be immediately dismantled by City Engineering Office or other government office duly designated by the mayor.

SECTION 3. PENALTY – Any violation of the provision of this ordinance shall be punished by a fine of not less than PhP1,000.00 but not exceeding PhP5,000.00 or an imprisonment of not more than six months, or both at the discretion of the Court.

SECTION 4. REPEALING CLAUSE/ PROVISIONS. All ordinances, resolutions, executive orders and other issuances related to this Ordinance which are inconsistent herewith are hereby repealed

SECTION 5. EFFECTIVITY - This ordinance shall take effect after three consecutive weeks that it has been posted on the three (3) conspicuous places in the City.

APPROVED UNANIMOUSLY, November 18, 2009.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

(On Leave)

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

& Temporary Presiding Officer

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

Con’t. of Ordinance No. 35, Series of 2009.

- 3 -

AQUILINO Y. CORTEZ, JR. ANSELMO A. AQUINO

City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO

City Councilor City Councilor

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