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

2008 O - 07 - REGULATING THE OPERATION OF OPTICAL CLINICS IN OLONGAPO CITY FOR THE PURPOSE OF PREVENTING ILLEGAL PRACTICE OF OPTOMETRY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 06, 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, the Government recognizes the essential role of optometry as a profession in safeguarding and enhancing the health and general physical well-being of the citizenry;

WHEREAS, there is a proliferation of optical clinics in Olongapo City manned by untrained and unlicensed persons necessitating a need to regulate their operation to protect the health of the public;

WHEREAS, some unscrupulous businessmen, oftentimes posing as “Health Maintenance Organizations” (HMO) groups, are illegally engaged in the practice of Optometry by conducting Barangay-based activities and house to house refraction and thereafter sell eyeglasses;

WHEREAS, these untrained and unlicensed persons oftentimes make erroneous diagnosis and treatment that can be very harmful to unsuspecting citizens and cause irreversible damage to their eyes and hard-earned money;

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. 07
(Series of 2008)

AN ORDINANCE REGULATING THE OPERATION OF OPTICAL CLINICS IN OLONGAPO CITY FOR THE PURPOSE OF PREVENTING ILLEGAL PRACTICE OF OPTOMETRY, PROVIDING PENALTY FOR VIOLATION THEREOF


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

SECTION 1. DEFINITION OF TERMS

1.1 OPTOMETRY. The science and art of examining the human eye, analyzing the ocular functions, prescribing and dispensing ophthalmic lenses, prisms, contact lenses and their accessories and solution, low vision aids and similar appliances and devices, conducting ocular exercise, vision training, orthoptics, installing prosthetics, using authorized Diagnostic Pharmaceutical Agents (DPA), and other preventive or corrective measures or procedures for the aid, correction, rehabilitation or relief of the human eye, or to attain maximum vision and comfort.

1.2 OPTOMETRIST. A person who has been certified by the Board of Optometry and registered with the Professional Regulation Commission (PRC) as being qualified to practice Optometry in the Philippines.

1.3 OPTOMETRIST IN GOOD STANDING. A registered optometrist who is authorized to practice the profession in the Philippines by virtue of a valid Certificate of Registration and valid Professional License issued by the PRC for the purpose.

1.4 CERTIFICATE OF REGISTRATION. A document signed by the Commissioner of the PRC and all the members of the Board of Optometry and bearing its seal, issued to an applicant who has satisfied the requirements for the practice of Optometry.

1.5 PROFESSIONAL LICENSE. A renewable card, issued by the PRC to a registered Optometrist, indicating that he/she is competent and authorized to practice Optometry in the Philippines. Until the loss of its validity or its expiration, such license shall serve as evidence that its bearer is an Optometrist in good standing.

1.6 CODE OF ETHICS. A set of standards relating to the conduct, integrity and moral duties of optometrists, as prescribed by the duly integrated accredited National Organization of Optometrists and adopted and promulgated by the Board of Optometry upon approval by the PRC.

SECTION 2. ACTS THAT CONSTITUTE THE PRACTICE OF OPTOMETRY

2.1 The examination of the human eye through the employment of subjective procedures, including the use of specific topical Diagnostic Pharmaceutical Agents or drugs and instruments, tools, equipment, implements, visual aids, apparatuses, machines, ocular exercises and related devices, for the purpose of determining the condition and acuity of human vision and to correct and improve the same.

2.2 The prescription and dispensing of ophthalmic lenses, prisms, contact lenses and their accessories and solutions, frames and their accessories and supplies for the purpose of correcting and treating defects, deficiencies and abnormalities of vision.

2.3 The conduct of ocular exercises and vision training, the provision of orthoptics and other devices and procedures to aid and correct the abnormalities of human vision and installation of orthoptic devices.

2.4 The counseling of patients in clinics and similar places where optometric services are offered.

2.5 The establishment of offices, clinics and similar places where optometric services are offered.

2.6 The collection of professional fees for the performance of any acts aforementioned.

SECTION 3. PROHIBITION AGAINST THE UNAUTHORIZED PRACTICE OF OPTOMETRY

No person shall practice Optometry as defined in Section 3 of Republic Act No. 8050 nor perform any of the acts constituting the practice of Optometry as set forth in Section 1 hereof, without having been first admitted to the practice of this profession under provisions of the said Act and its Implementing Rules and Regulations:

Provided, that this prohibition shall not apply to regularly licensed and duly registered physicians who have received post-graduate training in the diagnosis and treatment of eye diseases:

Provided, however, that the examination of the human eye by duly registered physicians in connection with the physical examination of the patients shall not be considered as practice of Optometry:

Provided further, that the public health worker trained and involved in the government’s blindness prevention program conducts only visual acuity tests and visual screenings.

SECTION 4. Any person who is not a qualified and licensed optometrist and performs any of the acts enumerated in Section 2 shall be punished in accordance with the penalties provided herein.

SECTION 5. Any optometric service done outside the licensed optometrist’s optical clinic is hereby prohibited unless a proper and valid permit or clearance is issued by the barangay where the optometric services will be rendered. Otherwise, any house-to-house or structure-to-structure practice of optometry is punishable under section 7 of this ordinance unless such practice is authorized by a proper and valid barangay permit or clearance.

SECTION 6. The Barangay Captain is hereby allowed to issue a proper and valid permit or clearance for house-to-house or structure-to-structure practice of optometry only when the applicant submits the following requirements:

6.1 Letter of Request made by a group of persons, community associations civic and religious organizations, business establishments or companies and other entities, associations or organizations that require optical services by a licensed Optometrist.

6.2 Endorsement Letter coming from the Local Optometric Society of the Optometric Association of the Philippines.

SECTION 7. All prohibited acts as embodied in Republic Act No. 8050 otherwise known as an act regulating the practice of optometry, upgrading optometric education, integrating optometrists and for other purposes, and its implementing rules and regulations shall be part of this ordinance and shall be subjected to the penalties provided herein.

SECTION 8. PENALTIES

Anyone who violates this ordinance shall be punished with imprisonment of not less than One (1) month but not more than One (1) year, or a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00), or both, at the discretion of the court.

In addition, the administrative penalties specified in Section 26 of Republic Act No. 8050 shall be imposed whenever possible.

If the violation is committed by an association, partnership, corporation or any other institution, the managing officers and other persons responsible for its commission shall be liable for the penalties provided for in this ordinance.

SECTION 9. ENFORCING AUTHORITIES

The Barangay Officials shall assist the Local Police Authorities in enforcing the provisions of this ordinance and shall record the violation and confiscation in their logbook. Thereafter, the apprehending Barangay Officials shall immediately turn over the offender and the proceeds of the violations to the nearest police station for the filing of the case in court in accordance with the applicable law which is Republic Act No. 8050.

SECTION 10. SEPARABILITY CLAUSE

If any part, section, or provision of this ordinance is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 11. REPEALING CLAUSE

All ordinances, resolutions or local executive orders or rules and regulations contrary to or inconsistent with the provisions of this ordinance are hereby repealed, amended or modified accordingly.

SECTION 12. EFFECTIVITY CLAUSE

This ordinance shall take effect after its publication in a newspaper of general circulation in Olongapo City.

APPROVED UNANIMOUSLY, February 6, 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

2003 O - 147 - REGULATING THE CONDUCT OF FIRE SAFETY INSPECTION WITHIN THE TERRITORIAL JURISDICTION OF OLONGAPO CITY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 28, 2003, AT THE CITY HALL.

Hon. Cynthia G. Cajudo - - - - - City Vice-mayor and Presiding Officer

Hon. Rolen C. Paulino - - - - - - - - - - - City Councilor
Hon. Angelina B. Andrada - - - - - - - - -" "
Hon. Teodoro D. Del Rosario - - - - - - - -" "

Hon. Anselmo A. Aquino - - - - - - - - -" "
Hon. Gregorio A. Manglicmot - - - - - - - " "
Hon Edwin J. Piano - - - -- - - - - - - - - - " "

Hon. Noel Y. Atienza - - - - - - - - - - - - " "

Hon. Bella P. Asuncion - - - - - - - - - - - - " "

Hon. Napoleon F. Capistrano- - - - - - President, Liga ng mga Barangay

Hon. Robine Rose C. Buenafe - - - - - - SK Federation President
Hon. Gregorio M. Elane - - - - - - - - - - City Councilor (On Official Business)
Hon. Rexy Gregono-Cruz- - - - - - - - - " " " "

WHEREAS, the City Government of Olongapo had been informed that there are some Bureau of Fire Protection (BFP) personnel from the City or formerly assigned in the City and other personnel assigned at other city, municipal and provincial offices, who are conducting illegal fire inspection in different households and business establishments within the City without the authorization of the former City Marshall;

WHEREAS, to avert the said illegal trade within the BFP force, the City hereby acknowledges to adopt and implement monitoring measures, pursuant to Section 1.201 of PD. 1185 otherwise known as the Fire Code of the Philippines;

NOW, THEREFORE, on joint motion of Councilors Anselmo A. Aquino and Teodoro D. Del Rosario, 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. 147 (Series of 2003)

AN ORDINANCE REGULATING THE CONDUCT OF FIRE SAFETY INSPECTION WITHIN THE TERRITORIAL JURISDICTION OF OLONGAPO CITY

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

SECTION 1. Subject to limitations herein prescribed, fire safety inspections on any business, commercial establishments, including house, departments and other structures shall be conducted only by the authorized inspectors of Olongapo City Fire Station.

a. The inspector is duly armed with a Mission Order issued and duly signed by the City Fire Marshal.

b. The inspector conducting the inspection shall be in the prescribed uniform authorized by the City Fire Marshall.

c. The inspection shall be conducted only during office hours Monday thru Saturday.

SECTION 3. BFP personnel who are not the duly Fire Safety Inspectors of Olongapo City found and caught conducting inspection within the territorial jurisdiction of Olongapo City shall, upon conviction, be punished by a fine of not less than Php500.00 but not more than Php 1,500.00 and imprisonment of not less than thirty (30) days but not more than three (3) months.

SECTION 4. This Ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, November 28, 2003.