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

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

2008 O - 63 - PROHIBITING THE MANUFACTURE, SALE, DISTRIBUTION, POSSESSION AND USE OF FIRECRACKERS OR PYROTECHNIC DEVICES AND SUCH OTHER SIMILAR DEVICE

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON DECEMBER 3, 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. Jonathan G. Manalo- - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya- - - - - - - - - SK Federation President

ABSENT:

None.

WHEREAS, The Department of the Interior and Local Government issued Memorandum Circular No. 2007-165, dated December 27, 2007entitled, “Reiterating DILG MC No. 2002-188 On The Strict Implementation Of Republic Act No. 7183, Titled: An Act Regulating The Sale, Manufacture, Distribution And Use Of Firecrackers And Other Pyrotechnic Devices;”

WHEREAS, item no. 2 of the said circular states that “The local sanggunian may also pass an ordinance totally prohibiting the manufacture, sale, distribution and use of any firecracker and pyrotechnic devices, if there is a reasonable ground to believe that radical groups may take advantage of the holiday season merriment for their lawless designs;

WHEREAS, Memorandum Circular 2008 – 162 dated November 3, 2008 enjoins all Local Chief Executives to cause the cancellation or revocation of business permits or licenses of business establishments found manufacturing, importing, distributing and selling any consumer product declared as injurious and dangerous to health and safety;

WHEREAS, every year significant number of injuries, both severe and mild, caused by firecrackers were reported and recorded by the City Health Department wherein most victims were minors;

NOW, THEREFORE, on motion of Councilor Rodel S. Cerezo, co-sponsored by Councilors Gina G. Perez, John Carlos G. delos Reyes, Edwin J. Piano, Angelito W. Baloy, Aquilino Y. Cortez, Jr., Anselmo A. Aquino, Elena C. Dabu, Jonathan G. Manalo, Carlito A. Baloy and Cheenee F. Hoya, 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. 63
(Series of 2008)

AN ORDINANCE PROHIBITING THE MANUFACTURE, SALE, DISTRIBUTION, POSSESSION AND USE OF FIRECRACKERS OR PYROTECHNIC DEVICES AND SUCH OTHER SIMILAR DEVICES AND CAUSING THE EXPLOSION OF THE SAME OR OTHER SIMILAR EXPLOSIVES WITHIN THE TERRITORIAL JURISDICTION OF OLONGAPO CITY

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

SECTION 1. TITLE. – This Ordinance shall be known as “The Total Ban Of Manufacture, Sale, Distribution, Possession And Use Of Firecrackers Or Pyrotechnic Devices Within Territorial Jurisdiction Of Olongapo City”

SECTION 2 PURPOSE OF THIS ORDINANCE. – It is the purpose of this Ordinance to prohibit the manufacture, sale, distribution, possession and use of firecrackers or pyrotechnic devices and such other similar explosive devices within Olongapo City to promote public safety, peace, order and security.

Firecrackers, as fire hazards, and known to cause bodily harms, injuries and even deaths, were shown in studies and were proven to also cause the following:

• Increase in toxic fumes and gases like carbon dioxide, sulfur dioxide and nitrogen dioxide, as well as suspended particulate matter (SPM) in the air;
• Increase in noise pollution above 125 decibel (dB), which is above the tolerable limits, and can cause deafness;
• Increase in incidents of respiratory diseases such as acute bouts of asthma and bronchitis, and may also trigger heart attacks.

SECTION 3. PROHIBITED ACTS. – It shall be unlawful for any person or business establishment to manufacture, sell or offer sale, distribute, possess or use any firecracker or pyrotechnic devices or such other similar devices within the territory of Olongapo City;

SECTION 4. PENALTIES. – Violation of any of the provisions of Section 3 of this Ordinance shall be penalized as follows:

A.) For the first offense, a fine of One Thousand Pesos (PhP1,000.00) or imprisonment of not more than One (1) month but no less than twenty (20) days, or both fine and imprisonment, at the discretion of the Court. In addition thereto, the concerned business establishment’s business permit shall be suspended and it shall be ordered to be closed by the City Government for a period not less than three (3) months but not more than six (6) months.

B.) For the second offense, a fine of Three Thousand Pesos (PhP3,000.00) or imprisonment of not more than Three (3) months but not less than One (1) month, or both fine and imprisonment, at the discretion of the Court. In addition thereto, the concerned business establishment’s business permit shall be suspended and it shall be ordered to be closed by the City Government for a period not less than six (6) months and one (1) day but not more than twelve (12) months.

C.) For the Third offense, a fine of Five Thousand Pesos (PhP5,000.00) or imprisonment of not more than Six (6) months but not less than Three (3) months, or fine and imprisonment, at the discretion of the Court. In addition thereto, the concerned business establishment’s business permit shall be immediately revoked by the City Government and it shall be ordered permanently closed.

If the violation is committed by a business establishment, the President/General Manager or other person, acting in behalf of either the President or General Manager shall be held liable in the case of a corporation or partnership, or the owner or proprietor or the person acting in his behalf shall be held responsible in the case of a single proprietorship.

SECTION 5. CONFISCATION. – All confiscated firecracker and pyrotechnic devices will be destroyed under the supervision of the City Mayor, and the Members of the Task Force Anti-Firecrackers.

SECTION 6. SEPARABILITY CLAUSE. – Should any of the provisions of this Ordinance be declared inoperative by the Courts for being inconsistent with the Constitution or the law, the other unaffected provisions of this Ordinance shall remain in full force and effect.

SECTION 7. REPEALING CLAUSE. – Any and all ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 8. – This Ordinance shall take effect after its approval and following its publication in a newspaper of general circulation.

APPROVED UNANIMOUSLY, December 3, 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 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

2008 O - 29 - PROHIBITING NUISANCE IN THE CITY OF OLONGAPO, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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 of the city and prescribe penalties for any violation thereof;

WHEREAS, the city has been experiencing a steady increase in population, business and industry, which consequentially cause its inhabitants disturbance and nuisance usually in sight, smell and sound;

WHEREAS, such disturbance and nuisance are likely contributors to the deterioration of the health, safety, social and moral conditions of the community;

WHEREAS, Article 699 of the Civil Code of the Philippines states that the remedies against a public nuisance are: (1) Prosecution under the Penal Code or any local ordinance; (2) Civil action; or (3) Abatement without judicial proceedings;

NOW, THEREFORE, upon 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. 29
(Series of 2008)

AN ORDINANCE PROHIBITING NUISANCE IN THE CITY OF OLONGAPO, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES

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


SECTION 1. Short Title. This Ordinance shall be known as the “ANTI-NUISANCE ORDINANCE OF OLONGAPO CITY”.

SECTION 2. Definition of Terms.

(a) Nuisance. As per Article 694 of the Civil Code of the Philippines, is an act, omission, establishment, business, condition of property or anything else which:

i. injures or endangers the health and social safety of others such as but not limited to old, dilapidated buildings, chemicals and fire hazard structures

ii. annoys or offends the senses such as but not limited to excessively loud sounds from various electronic machines, generators and motor vehicles, billboards and signages

iii. shocks, defies or disregards decency or morality such as but not limited to pornographic publications

iv. obstructs or interferes with the free passage on any public highways and streets

v. hinders the free passage of any body of water

vi. impairs the use of property

Article 695 of the Civil Code of the Philippines further states that nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.

Nuisance includes but is not limited to the following:

· excessively loud sounds emanating from both standard and modified musical instruments or devices or appliances, sound systems, public address systems, factories or buildings, generators, vehicles and other machines exceeding forty decibels (40dB)
· uncovered deep excavations or manholes along major thoroughfares/streets
· structures constructed along rivers, streets or highways that obstruct free passage

(b) Parked vehicles along highways or streets that obstruct free flow of traffic. As defined in City Ordinance No. 22, Series of 1990.

(c) Naked, half-naked, scantily dressed persons walking or roaming in public places. As defined in City Ordinance No. 21, Series of 2008.

(d) Juridical Person. An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.

SECTION 3. Prohibitions. Those delineated in Section 2 of this ordinance shall be moderated to tolerable, civilized, moral and respectable levels otherwise, it shall be unlawful for any person, natural or juridical, to create nuisance in the City of Olongapo.

SECTION 4. Exemptions. City-initiated activities such as but not limited to public service and information which generally make use of megaphones and/or PA systems shall be exempted from this ordinance as long as they are implemented in moderation.

SECTION 5. 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 One Thousand Pesos (PhP1,000.00), 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 (PhP3,000.00), 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 (PhP5,000.00), or imprisonment of not more than Three (3) Months but not less than Two (2) Months, or both, at the discretion of the court.

SECTION 6. Supplementary Stipulation.

(a) Persons found creating nuisance specifically in the form of nude display
or scant dressing in public shall be penalized consistent with the provisions stated in City Ordinance No. 21, Series of 2008.

(b) Persons with parked vehicles along highways or streets that obstruct free
flow of traffic shall be penalized under the traffic citation system and subject to all existing rules, ordinances and traffic code.

SECTION 7. Enforcement.

(a) The Barangay, PNP, City Health Office, City Planning & Development Office, City Engineering Office, City Legal Office 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) 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.

(c) 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.

SECTION 8. Repealing Clause. Any ordinance in conflict with any provision contained herein 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. This ordinance shall take effect after fifteen (15) days following its publication in a newspaper of general circulation in the City of Olongapo.

APPROVED UNANIMOUSLY, May 7, 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