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

2008 O - 21 - AMENDING SECTIONS 3 AND 4 OF CITY ORDINANCE NO. 28, SERIES OF 1995

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 10, 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. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - City Councilor
(On Official Business)


WHEREAS, R.A. 9208 Anti-Trafficking in Persons Act defines pornography as any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes;

WHEREAS, issues regarding pornography are becoming complex and so is the public policy that is governing it;

WHEREAS, there are certain individuals who clamor for the amendment of some sections in the Ordinance No. 28, Series of 1995 that are unclear or too broad that need to be definite;

NOW, THEREFORE, on motion of Councilor Gina Gulanes-Perez with the unanimous accord of the Sangguniang Panlungsod present,

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

ORDINANCE NO. 21
(Series of 2008)

AN ORDINANCE AMENDING SECTIONS 3 AND 4 OF CITY ORDINANCE NO. 28, SERIES OF 1995 ENTITLED “AN ORDINANCE PROHIBITING INDECENT ACTS IN PUBLIC, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES”

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

SECTION 3. Prohibited Acts. A person is deemed to have committed an indecent, lewd, immoral or obscene act under the following circumstances:

Performing nude or undressing while performing or appearing in public view. Nudity by any person within the premises of the establishment.

Appearing in public view in any indecent or lewd clothing. Wearing only swimsuit-like two-piece or brassiere and panty for women; only trunks or briefs for men. Wearing of any net, sheer or see-through garments with only underwear underneath.

Loitering or going outside of the establishment wearing only the clothing stated in section b.

Committing unseemly obscene or filthy act, or any lewd, indecent, immoral or insulting conduct or behavior. Performers doing or imitating sexual acts on or off stage either alone or with someone.

Ultimate sexual acts, normal or perverted, actual or simulated. Masturbation or lewd exhibition of the genitals or genital area.

Artificial restraint for the purposes of torture, physical abuse, punishment or irresistible sexual contact.

Circulating, distributing, selling, offering or exposing for sale or delivering to another, or cause the same to be done any lewd, indecent or obscene book, figure, movie, video presentations or any other thing.

Exhibiting or performing, or cause or allow to be exhibited or performed, in or upon any house, building, lot or premises owned or occupied by him, or under his management or control, any lewd, indecent or immoral show, play or other representation.

A male person wearing women’s apparel in order to deceive or attract others into believing that he is a woman or in order to insure the commission on lascivious acts and/or other crimes.

Child pornography depicting voluntary or involuntary sexual contacts; i.e., sexual foreplay and/or penetration or the otherwise implied exploitation of individuals who are minors or who are portrayed as minors in lewd publications or shows.

Hiring, employing, using, persuading, inducing or coercing another person to perform in obscene exhibitions and indecent shows, whether live or in video, pose or model in obscene publications or pornographic materials or to sell or distribute the said materials and shall be considered principal by induction equally liable the latter person.

Knowledge of such nuisance means having knowledge of the contents and character of a patently offensive sexual conduct which appears in lewd matter or lewd show. A person caught or proven engaging in these lewd or indecent acts will be declared a PUBLIC NUISANCE and will be charged CRIMINALLY liable under the Penal Code of the Philippines.

SECTION 4. Penal Provisions. Violation of any other provisions of this Ordinance shall be penalized by the following:

First Offense – a fine of not less or more than PhP2,500.00 for the performer; a fine of not less or more than PhP5,000.00 and cancellation for one (1) month of business permit for the establishment owner.

Second Offense – a fine of not less or more than PhP5,000.00 for the performer; cancellation for three (3) months of business permit and a fine of not less than or more than PhP5,000.00 for establishment owners.

Third Offense – establishment will be subject for permanent closure.

When a government employee/official, a member of the Philippine National Police, or Judiciary is found tolerating or participating in the abovementioned provisions, an administrative case will be filed.

Prosecution under this Ordinance shall be without prejudice to any prosecution in proper cases under Art. 200 and 201, the Revised Penal Code and Section 9, Art. V, R.A. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act).

APPROVED UNANIMOUSLY, April 10, 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
(On Official Business)


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