Republic of the
OFFICE OF THE SANGGUNIANG BAYAN
(Excerpt taken from the Minutes of
the Regular Session of the Sangguniang Bayan, Catbalogan,
Attendance:
Present:
Hon.
Manuel F. Correche, Sr. SB Member
/ Acting presiding officer
Hon.
Rodrigo C. Perez, Jr. SB Member / Majority floor leader
Hon.
Perfecta M. Sabenecio SB
Member
Hon.
Herminia S. Cabral SB
Member
Hon.
Rodolfo T. Aquino SB Member
Hon.
Teodoro V. Ilagan SB
Member
Hon.
Calixtro H. Rosal SB Member / ABC president
Absent:
Hon.
Manuel Van A. Torrevillas (
Hon.
Arthur Vaughn M. Zosa (
Hon.
Art Sherwin l.
Hon.
Michelle Rose C. Arceńo (
ORDINANCE NO. 2005-015
AN ORDINANCE REGULATING THE USE OF
SIDEWALKS, ROADS-RIGHT-OF-WAY, ALLEYS, AND OTHER PUBLIC PLACES OF THE
Explanatory
note:
It is sad to note that the
proliferation of sidewalk vendors, encroachment of land owners of the
sidewalks, alleys, roads-right-of-way, public places is seen in any public
place of this Municipality thus resulting to traffic hazards and accidents,
posing danger to the life and limb of the people, most especially to school
children. Similarly, BBQ stands or kiosks and other similar business activities
that offer and serve intoxicating beverages or substances along the sidewalks and
in public places during nighttime have been noted mushrooming in the Poblacion, too, and elsewhere.
BE IT
ORDAINED that:
Section 1. Title. This shall be known as an
Ordinance Regulating the Use of Sidewalks, Roads-Right-of-Way, Alleys, and
other Public Places of the
Section 2. Declaration of Policy. It shall
be a top priority of this Municipality to safeguard the life, health, property
and public welfare of its constituents consistent with the principle of
environmental management and control and ensure effective and efficient
delivery of basic services, thereby, its policy to:
a.
Regulate
the use of the streets, avenues, alleys, sidewalks, parks, roads-right-of-way
and other public places covering the 2.50-3.00 m. roadshoulder
in sidewalks as prescribed in P.D. 9086 otherwise known as the National
Building Code;
b.
Regulate
the establishment, operation and maintenance of sidewalk cafes, BBQ stands and
kiosks;
c.
Regulate
the sale or dispensing of intoxicating beverages served in the sidewalk cafes
and BBQ stands or kiosks, and
d.
Require
sidewalks cafes, BBQ stands or kiosks and premises thereof to be kept and
maintained in a sanitary condition and impose penalties for any violation
thereof.
Section 3. Definition of Terms. As used in
this Ordinance: the following are defined to establish a common point of
reference and for better understanding.
a.
Encroachment
– It means to enter upon the domain of another, trespass, encroach.
b.
Usurpation – It means to seize and
hold (office, power, etc.) by force or without right.
c.
Road-right-of-way
- It means a course leading from one place to another, passage, route.
d.
Public Welfare - It means the
fostering of the good of the greater number.
Section 4. Prohibitions
and Limitations:
A.
The Use of Sidewalks, Alleys,
Roads-Right-of-Way, and Public Places.
It shall be unlawful for any person,
corporation, association, firm, and store owner to use the sidewalks, alleys, road-right-of-way and public places for:
1. Building Projection - Any part of
any building or structure or any appendages to projects or encroach beyond the
property line such as drive ways, garage, ramps, plant and plants boxes and
display area for merchandise.
2. Vehicle and Equipment Storage
including junked items that are parked or protruding.
3. Stock Filing of Construction
Materials such as sand, gravel, lumber, steel bars, etc. while the construction
of a building or the like is on going.
4. Display of Business wares, and
5. Vending structures such as BBQ
stand or kiosks, Sidewalks Cafes and/an ambulant activity structure used for
about two (2) hours only.
B.
Protection of Pedestrians During
Construction or Demolition:
No person shall be allowed to do any
work on any building or structure adjacent to public street or sidewalk unless
measures are adopted from falling debris.
C.
Qualified Permitees:
It shall be lawful for any person,
corporation, association, firm, and store owner to use the sidewalks, alleys,
roads-right-of-way and public places for business from 6:00 P.M. to 6:00 A.M.
and only as such time shall anyone be allowed to engage or operate a BBQ stand,
kiosk, sidewalk café or other similar activities offering or vending or selling
of intoxicated beverages or substances at night with a Mayor’s Permit and only
with a Health Certificate from the Office of the Municipal Health and shall maintain
the hygienic condition of the place he or she occupies complying with all
sanitary requirements thereof.
Section 5. Fees and Charges. Any BBQ stand,
kiosk, sidewalk café shall be collected a nightly fee and charge by the Office
of the Municipal Treasurer at the following rates:
A. Operation with Five (5) tables or
less - P100.00
B. In Excess of Five (5) tables,
every additional table shall be charged P10.00
Section 6. Penalties. Any Person or
operator found violating any provision of this Ordinance shall be liable to pay
the following penalties:
A. Violation of the provision of
Section IV - P1,000.00
B. Operating without Mayor’s Permit - P1,000.00
C. Operating without Health
Certificate - P 500.00
Section 7. Repealing Clause. Any provision
of this Ordinance which is inconsistent with any existing ordinance, rules and
regulations hereby repealed or modified accordingly.
Section 8. Effectivity Clause. This
Ordinance shall take effect upon its approval.
APPROVED:
Unanimously
ENACTED:
I HEREBY
CERTIFY to the correctness of the herein Ordinance.
(Sgd) DEBORAH
T. MARCO. Ph. D
Municipal Secretary
ATTESTED as
duly adopted:
(Sgd) HON. MANUEL F. CORRECHE, SR.
SB Member/Acting Pres. Officer
APPROVED:
(Sgd) HON.
COEFREDO T. UY