Baguio Ordinance: Amendment of Penalties on Refuse Disposal, Obstruction of Waterways and others

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Republic of the Philippines
SANGGUNIANG PANLUNGSOD
Baguio City

Proposed Ordinance  No.  0008-20

introduced by Hon.  Betty Lourdes F.  Tabanda and Hon.  Faustino A.  Olowan

FURTHER AMENDING ORDINANCE NUMBERED 54-88 (AN ORDINANCE PENALIZING ILLEGAL DISPOSAL OF REFUSE, EXCREMENT AND EGESTA; REMOVAL OR DESTRUCTION OF RECEPTACLES FOR REFUSE; AND ILLEGAL OBSTRUCTION OF WATERWAYS AND DUMPING INTO BODIES OF WATER; REQUIRING CERTAIN PERSONS, INSTITUTIONS AND ESTABLISHMENTS TO PROVIDE FOR RECEPTACLES FOR REFUSE, TO KEEP SURROUNDINGS CLEAN, AND TO PICK UP LITTERS,PROVIDING FOR AMNESTY FROM PROSECUTION AND FURTHERMORE, AMENDING FOR THE PURPOSE, SECTIONS 472 ,475 AND 479 OF ORDINANCE NUMBERED 500, S. 1934, AS AMENDED BY ORDINANCE NRS. 252, 264, 572 AND 601)

                on motion of Hon. Betty Lourdes F. Tabanda and Hon. Faustino A. Olowan, duly seconded,

 BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION

SECTION 1. Sections 7 and 8 of Ordinance 54-88, as amended by Ordinance Numbered 14, series of 2006 ((AMENDING SECTIONS 1 AND 2 OF ORDINANCE NUMBERED 047, SERIES OF 1995), is hereby further amended to read as follows:

Section 7.  Any person found violating the provisions of this Ordinance, except Section 1 and 2 of this Ordinance shall be fined as follows:

a. In case of private individuals, the fine for the first violation shall be P2,000.00.
b.  For the second violations and each subsequent violations, the fine shall be P3,000.00.
c. In the case of establishments mentioned Section 4 hereof, the owner’s, proprietors occupants, and/or managers shall be subjected to a fine:

1st offense –   Warning with a fine of P3,000.00
2nd offense –  Suspension of business permit for 30 days with a fine of P4,000.00
3rd offense –   Revocation of business permit with a fine of P5,000.00

Section 8. Any violation of Section 1 hereof shall be penalized, to wit:

a. A fine of P1,000.00 for each violation.
b. In the case of a person in authority or agents of a person in authority, the fine shall be P4,000.00 for each violation.
c. In the case of establishments (for dumping garbage, soil waste, and other refuse), the fine shall be P5,000.00 for each offense.

SECTION 2. Section 9 of Ordinance Numbered 54-88, is hereby amended to read as follows:

Section 9. Violation of Section 2 hereof shall be penalized by a fine of P3,000.00 for each violation. In case the violator is a corporation or any artificial or juridical person, the president, manager, or any executive officers thereof, shall jointly and severally be liable for the fine of P5,000.00 for each offense.

SECTION 3. Citation Ticket System. Violators of this Ordinance shall be informed of their violation and the penalty associated with it by means of a Citation Ticket System with the following guidelines:

a. Official booklets of Citation Tickets shall be issued by the City Treasurer to duly authorized enforcers within ninety (90) calendar days of the effectivity of this Ordinance.
b. A Citation Ticket shall be issued to the person/s liable for any violation of this Ordinance upon finding of the violation by duly authorized enforcers.
c. A Citation Ticket shall contain the following information:

1. Checklist of the violations under this Ordinance;
2. The fines associated with each violation;
3. Option to render community service in case violator is unable to pay fine;
4. Due date for compliance with the obligations imposed by the ticket.

d. When a Citation Ticket is issued to a violator, the violator shall report to the City Treasurer’s Office or its duly authorized collecting agent, within five (5) regular business days after such issuance, whether he or she shall either pay the fine imposed or render community service.

e. The City Treasurer’s Office shall keep a duplicate of all Citation Tickets issued to violators as well as all other records of violations of this Ordinance.

SECTION 4. IMPLEMENTING DEPARTMENTS. The City Environment and Parks Management Office (CEPMO), General Services Office (GSO) and the City Treasurer’s Office (CTO)are hereby designated as the lead departments in the implementation of this Ordinance. They shall formulate the implementing rules, guidelines and regulations, in consultation with the Health Services Office.

SECTION 5. APPREHENDING OFFICERS. Personnel from the following offices/departments/units are hereby tasked to apprehend and issue citation tickets to those who shall violate any of the provisions of this Ordinance:

a. City Treasurer’s Office
b. Baguio City Police Office (BCPO)
c. The Barangay officials or their agents, Barangay Tanod
d. Public Order and safety Division (POSD)
e. Sanitary Inspectors, other personnel from the Health Services Office
f. Others agents/private individuals that may be assigned

They shall be duly deputized by the City Mayor, and shall undergo the necessary training/orientation to be conducted by the implementing departments.

SECTION 6. CASH INCENTIVES. To recognize the efforts and commitment of the deputized personnel from the various offices/departments/units/private individuals as apprehending officers, a cash incentive shall be given directly to them, after the appropriate penalty has been paid at the City Treasurer’s Office, which consist of 10% of the fines collected.

SECTION 7. Separability Clause. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 8. Repealing Clause. All ordinances, resolutions and regulations or part or parts thereof which are inconsistent with this Ordinance are hereby repealed and/or modified accordingly.

SECTION 9. Effectivity Clause. This Ordinance shall take effect in accordance with the provisions of the Local Government Code of 1991.

Unanimously passed.

(Sgd.)     BETTY LOURDES F. TABANDA                                                                 (SGD.)   FAUSTINO A.OLOWAN
City Councilor                                                                                                                   City Vice Mayor

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