t\ .1
.i
prputlifa
i
rrg flilipinas SANGGUMANG PANLUNGSOD NG MARIKINA
GSO
-
MARIKINA CITY
Documlnl
ill
1ilil1ilfl
lrrcl{U
Stdam
ilililitiililililIil
til
06- 003f,f,5
ORDINANCE NO, 145 Series of 2006 ORDINANCE ADOPTING THE REVISED MARIKINA PEACE, ORDE& PUBUC SAFETY AND SECURITY CODE OF
2006
Introduced By: Councilor DONN CARLO B. FAVIS Councilor Councilor Councilor Councilor
FRANKIE C. AYUSON EFREN S. DE GUZMAN FERDIE D. MARCO SEMFIN Y. BERNARDINO
ARTICI^E 1 General Prwisions
SCemOil
1.
Short
Title. This Ordinance shall be known
as the
"MARIKINA PEACE AND ORDER CODE OF 2006", NOW THEREFORE BE IT ORDAINED, AS IT IS FIEREBY ORDAINED BY THE SANGGUNIANG PANLUNGSOD of MARIKINA, in s€ssion duly assembled, that:
SECIIO{ 2.
Declaration of Policy
(a) "General Welfare. Every local govemrnent unit shall exercise the powers expressly granted, those necessarily implied from there, as well as powers necessary, appropriate, or incidental for iE eficient and effective governance/ and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, x x x prorEte health and safety x x x maintain peace and order, artd preserve the comfort and conveniences of their inhabitants"; (b) In consonance with tiis right and duty to promot€ health. safety and maintain peace and order, the City Council of Marikjna enacted various legislative rrEasures pertaining to peace and order of the City as well as those, which relate to public safety and security; (c) There is a need to codary and arnend thes€ existing ordinances not only for the purpose of facilitating easy reference thereto, but also for clarity and effective implementation of the
$rne;
SECIIOia
3.
Scope of the Code
This Code crntains: (a) Local legislations peffaining to peace, order, public safety and security, (b) Conesponding penalties, (c) Implementing agencies and their powers and functions, (d) Guidelines on the implementation of this Code, (e) Alternative penalties that may be impoged against violators, penalty for minors and (f) Penalty sharing.
SECTION
a)
4.
Definiton of Terms
Bathing
-
shall refer to but not limited to $re acts of swimming, dipping and diving.
I t
\zoRorNaNcE No
Series of Page 2
r45 2006
of
33
b)
Banking lnstitutions shall refer to all banks operating within Marikina City, serving as cash depositories and/or engaged in financial activities of receiving, collecting and/or issuance of payments in the form of cash or other negotiable instrurnents.
c)
shall refeB to any kind of deadly instrum€nts such as knlfe, balisong, samurai, spear, pana, dagger. bolo, barong, kris, icepick, jabbing liza or chako and similar instruments.
-
Bladed Instrument
-
d) Booster Pump - shall refers to an electrically operated mechanism that sucks water from MWSS waterlines to obtain strong water pressure but at the same time drains other connected water lines. e)
Business Establishments - shall refer to amusernent/entertainment centec, which include billiard halts, KTV bars, videoke bars, video arcades, computer shops, Internet cafes, eateries, and the likes.
Cigarettes and Cigarette Paraphernalia - shall refer to Cigar or Cigarette, whether imported or manufactured locally, including tobacco and such other leaves whether imported or grown locally, and the rolling paper by which these leaves may be used for smoking.
s) CMP- (Communlty Mortgaoe Program) - shall refers to the city's low-cost housing program as well as city-originated loans to provide its urban poor with abodes, which they can own at afrordable cost.
-
h) Color Game shall refer to a game of chance utilizing three (3) wooden dices with different colors and bettors place their money bets on the colors of their choice, and the winning colors are displayed on the wooden dices thrown on a table. i)
Commercial property- shall refer.to property intended for business purpose.
i)
Commercial/Business Establishments shall refer to eateries, restaurants, kitchenettes, carinderias, grills, KTV Bars and clubs, music lounges, disco houses, billiard halls, sari-sari stores, groceries, minimarts, convenience stores, and all other similar establishments.
-
k) Computer Rental Shop - shall refers to a business establishment with two (2) or more computer units that offers internet services, typing, printing services and gaming shop or center. Domestic Helper - shall refer to the housemaid, babys,tter, driver or such other similar workers who are employed for domestic work in a residential or household in Marikina City
-
m) Eatery shall refer to any establishment seruing liquor in addition to cooked food and short orders for consumption of custorners. Restaurants, kitchenettes, carinderias, grills and all similar establishments serving cooked food and liquor are included as eateries.
*
shall refer to, but not limited to the following: Rescue 161 (hotline of Marikina); Patrol 171 (ho ine of the PNP); hoflines of the Bureau of Fire protection (BFP); the Natioaal/Regional/ Local Disaster Coordinaung Council; Government or private Hospital hotlines; hotlines or cell phones of such other government and/or private houines whose entities provide qulck response to emerqency situations.
n) Emergency Hotline NumbeB
- shall refer to incidents of fire, flood, earthquake, civil disturbances, acts against national or local security, public disorders, terorist attack, commission of crimes, accidenb and other incidents that require rescue or retrieval and immediate medical assistance.
o) Emergency situations
p)
Entertainment shows - shall refer to all kinds of fashion shows, all kinds of beauty pageants. bikini open, ramp modeling, and the likes.
-
q) Event coordinator shall refer to a person who c@rdinates with the event organizer and the participants of the show.
0
Event organizer
s)
Fairs
-
shall refer to
a
person who may be an owner of an establishment or
Production Company or an individual contracting with the event coordinator.
-
shall refer to traveling collection of sideshows and amusements.
t
:.
oRotNaNCE No
Series of Page
0 u)
3
145
2006
of
33
Food statls - shall refers to a small open area were foods and/or beverages are served or offered to the public. Forecourt
-
shall refer to a driveway or open space leading to and within the gasoline refueling
station.
v)
Gambling - shall refer to a game of chance for stakes (money or property) that involves wager or money bets with uncertainty of the outcome.
w)
Gaming Shop or Gaming Center - shall refer to an establishment with two or more computers connected to a local area network that offers either online games (connected to the internet) or LAN gam€s (not connected to the internet).
x)
Habit-Inducing Solvents shall refer ho any substance or chemical mixture which induces condition of intoxication, inebriation or stupefaction resulting in the dulling of the brain or nervous system/ depression, giddiness, paralysis or irrational behavior or distorting the auditory, visual or mentrl processes.
y)
Illeqal Drug Activities - shall refer to all activities which include using, selling or buying of illegal drugs, prohibited drugs. and dangerous drugs (as defined under the Dangerous Drugs Act), holding of pot sessions, maintenance of drug dens, manufacturing and distribution of illegal drugs. Possession, storing of illegal drugs and all such other illegal drug-related activities.
z)
Illegal drugs - shall refers to prohibited drugs which include opium and its components and derivatives, such as heroin and morphine; coca leaf and its derivatives, such as principally cocaine; alpha and beta eucaine; hallucinogenic drugs, such as mescaline, lysergic acid diethylamide and other substances producing similar effects; maruuana; and other drugs and chemical preparations whether natural or synthetic. (as defined under the Dangerous Drugs Act ot 1972 (R.4.6425)
-
aa) Institutions
-
shall refer to organizations whose purpose is to further public welfare and learning.
bb) Internet - shall refer to the worldwide s,ystem of computer networks in which a user at any one computer can directly get information from any other computer in the network.
cc) Internet Cafe - shall refer to a place of business that has a number of networked personal computers with access to the internet for surfing, chattang, e-mailing and research and available for use by customers for a fee by the hour or fraction of an hour. The business establishment may or may not be serving coffee, and/or similar beveGges. Also included are cyber cafd, arcades, and lounges.
_a
-
dd) Internet Pornography shall refers to the visual representation or images showing prohibited acts mentioned in Section 5 hereof through any of the elechonic devices or means, with the end in view of satisrying the lust or sexual desire of another, regardless of geographic location,
including but not limited to the following: digital camera, camera€quipped mobile phones,
{
webcam or similar gadgets.
- shall refer to any liquor intended for use as a beverage, or capable of being used, which contains alcohol, no matter how obtained, in such percent as it will produce intoxication.
*
ee) Intoxicating Liquor
*
d\
ff)
Kalaskas * shall refer to a garne of chance utilizing a roulette wheel with various numbers or figures replicated on squares on a table where bettors place their money beb. Dart throwing is also done on roulette wheel and the bettor must hit its target to win.
-
gg) LAN (Local Area Network) shall refer to a group of computers with associated devices that share a common communication line and typically share resources and data within a small geographic area.
hh) Lessee
-
shall refer to a person, natural or iuridical, who rents and/or occupies a property. (. I
voRDINANCE No.
Series of Page
ii)
4
145
2006
of
33
-
Lessee Form shall refer to a form to be filled-out by the lessee about hislher personal circumstances, such as, name, status, employer, occupation, provincial address/residential addrss, address of previously rented house, and the pafticular unit being rented. The form must have a space where the lessee may attach his/her 1 x 1 picture. It should also contain a space where the lessor may write his name and address.
jj)
Lessor
-
shall refer to a person who leases his property to natural or juridical person.
kk) Libelous
-
ll)
shall refer to any distilled alcoholic beverage (e.9.
Liquor
-
mm) Littering
shall refer to insulting, false and malicious statements.
-
ber,
whiskey, rum. brandy, gin, etc.)
shall refer to throwing of small litter on streets, sidewalks or other publi€ places
including government buildings and offices and public utility vehicles.
- shall refer to any percon below 18 years of age and any person with mental incapacity and exempted to criminal liability.
mm) Minor
nn)
Non-value items - shall refer to items which are of zero value and can be considered as surplus. These include, reconditioned appliances, machineries and equipment and other articles of similar nature.
oo)
Nozzle
pp)
Obscene
qq)
Obscene Publication - shall refer to any poster, publicauon. promotional material that contains pictures under scandalous circumstances or that which is contrary to prurient taste, or contrary to morals or public policy.
rr) ss)
-
shall refer to a small tube or spout attached to a pip€ or hose, usuaity an ouuet.
-
shall refer to which offends or wounds the imagination in s€xual matters.
On credit - shall refer to the privilege of playing computer/video games on suspended or deferred payment or playtime fee or a "play-now-pay-later" scheme.
other Forms or Acts of Gambling - shall refer to all games of chance that involve money or wager, whether using devices or no! and which are considered as gambling games that are prohibited and punishable under the laws of the Philippines. These shall include alt prohibited card or table games that may be played within fair or carnival grounds (e.g. color game, kalaskas, pinball machine)
tt)
- shall refer to spaces either partially or fully developed, usually with benches, trees, grass, lamp posts, and playground, intended for recreation and relaxation, especially of children. Park and open spaces may be classified as community park, subdivision Parks and Open Spaces
park and pocket garden park.
uu) Participant
w)
Person
-
-
shall refer to a person who is a candidate ofthe show
shall refer to any natural or juridical efltity.
ww) Perya - shall refer to a temporary mini fair offering rides such as but not limited, to ferris wheels, octopus, merry-go-round, bump cars, and other forms of amusement.
-
)o() Pinball Machine shall refer to any gambling device consisting of a playing surface, containing obstacles and spectures, upon which balls or marbts, obtained by inserting icoin in the !ot, one propelled tty various methods but uniformly with the object of shopping sultr balts or marbles into particular apertures designated as scoring or ..pay-off, holes.
yy) Pornographic Site sexual excitement.
- shall refer to a website with display of erotic behavior intended to cause
zz) Prank Calls - shall refer to telephone calls or text messages made or sent by any person to any emergency numbers which do not involve a report of an emergency situation or'a request for emergency assistance, but are made solely for the purpose of making fun of sucn hottine numbers or sow confusion among emergency responding units. l|]
t
\zonorNaNcE
No. 145
Series of 2006 Page 5 of 33 aaa) Prankter - shall refer to the person who
is making a prank call.
-
bbb) Prescribed drugs shall refer to any drug prescribed and authorized by a physician, dentist, veterinarian or practrtioner.
ccc) Prostitution - shall refer to the act, practice or profession of offering the body for sexual relations for money, ddd) Public Places - shall refer to sidewalks. stre€ts, churches, parks and op€n spaces, cemeteries, alleys, parking areas, waiting sheds, gymnasiums, playgrounds, basketball courts, government buildings and their surroundings, including undeveloped open spaces within the City. eee) Public Social Welfare Institutions - shall refer to DSWD-NCR accredited social welfare institutions. which provide street children/elders/infants/orphans with basic necessities such as food, clothing, shelter and basic education.
ffi) ggg)
Pump Crew - shall refer to a person employed to pump gasoline or diesoline into the fuel tank by the of a motor vehicle; any such person who dispenses petroleum products.
-
Refuel
shall reFer to supplying a motor vehicle with fuel.
-
hhh) Registered Water Connection shall refer to water service connection duly registered with the Metropolitan Waterwork Sewerage System (MWSS).
iii) jjj) kkk)
lll)
Residential Property Restaurants
-
-
shall refer to a property intended for dwelling.
shall refer to establishments serving cooked food, liquor, etc.
Satanic Site - shall refer to the sinister, devilish, diabolic, wicked, evil and fiendish web site on the Iniernet. Scandalous
-
shall refer to offensive, shocking acts.
mmm) School Hours - shall refer to hours prescribed for students to be in school for their classes, that is, from Mondays thru Fridays, but may include "make-up" classes during weekends.
nnn)
security Personnel - shall refer to any person employed by any security agency and is deployed to any residential, commercial, banking and industrial establishments within the City, delivering and transferring money from a bank or establishment.
ooo) Seditious ppp) Serve
-
-
shall refer to rebellious, unruly.
shall refer to the distribution/ supply to customers of food. drinks etc., at the
tabte.
qqq) sidewalk roadway.
rrr)
- shall refer to any paved or unpaved
Sidewalk vendor
article.
-
footwalk at the side of the street or
shall refer to anyone who uses the sidewalk and offers for sale any good or
sss)
short Shorts - shall refer to trousers covering less than y4 of the lower torso and legs.
ttt)
Straddle
* shall refer to sitting on a motorbike with
legs spread wide apart.
- shall refer to persons, below 1g years of age, who loiter on streets, use sidewalk and other public places as a place for sleeping. eating, etc., and utilize begging as a means of livelihood and/or use rugby and other habit-inducing solvents.
uuu) street children
wv)
Surfing manner.
-
shall refer to the act of exploring a sequence of web sites in a random or unplanned
www) swing out door
-
shall refer to when opening is done by pushing the door from the inside,
I
'/: -0RDTNANCENo. r45
Series of 2006 Page 6 of 33
no() Take Custody
-
shall refer to gathering and extending protection and security.
yyy) Thingg of value - shall refer to pieces of jewelry, ornaments, furniture and fixtures, appliances, works of arb and designs, and other articles of similar nature or value.
-
shall refer to a temporary market place, set up during a specified holiday, for the
-
shall refer to half-naked or wearing of clothing covering only the lower portion of the
zzz) fiangge
purpose of selling small items, goods, materials or foods as authorized by the city government on special occasions.
aaaa) Topless body
bbbb) T-back underwear
-
shall refer to a kind of underwear with no cover at the buttock.
cccc) Transient workers -€hall refer to persons who work or are employed in a commercial, residential and industrial establishment with no permanent place of residence. dddd) Used O'l - shall refer to any of various greasy, combustible, liquid substances, obtained from mineral matter used in the operation of auto and industrial machineries. The term shall also include lubricants, petroleum, and substance of similar character.
-
eeee) Vandalism shall refer to the willful and malicious destruction or defacement of private and public property including the removal, defacement, or other forms of vandalism such as writing,
ffi)
carving, drawing. designing, or painting, any figure or lettering of any kind, post any bill, and destroy any signboards, streamers, trd6ic signs, street names, and other public or national markers posted on streeb or other officially designated places in the City is prohibited.
ggqg) Video Monitoring Device - shall refer to an electronic equiprnent, usually installed in the ceiling, consisting of a camera or cameras hooked up to a television monitor from where activities, occurrences and people within the premises can be visually monitored. hhhh) Videoke Ears/KfV Bac - shall refer to establishments offering videoke entenainment in addition to cooked food and liquor.
iiii)
Violent Site- shall refer to a web site on the Internet which downloads brutal, furious, vicious, and forceful rEterials
jjjj)
VIP Rooms
-
shall refer !o rooms inside videoke bars/KTV Bars and restaurants. which are
enclosed and intended for exclusive use of customers using videoke.
kkkk) Wekam
-J
-
shall refer to a video or digital camera, usually attached directly to a computer,
designed to take photographs or images and transmit them over the internet.
llll)
V
4tr,
Working permit - shall refer to a written license issued by the Office of the Mayor to an employee or worker who works in a commercial, residential and industrial establishment for the purpose of giving right or opportunity o work in the city and shall pay the corresponding fee.
orffi*ln1
Resuction ro, ttre use ptac6 "ia"*rlrrlpublic (Parks, river parl(s and playgrounds)
o
SECTIOT{
5,
Prohibited Activities
The conduct of the following activities are prohibited in public places.
L_
a)
Carrying, dlsplaying or possessing of deadly or bladed instruments except where such artjcles are b€ing used as necessary tools or implements to earn a livelihood or in pursuit of a lawful activity.
b)
Carrying or displaying of bladed instruments by vendors or butchers outside their place of work.
,
I
-oRonqeNCENo.
I45
Series of 2006 Page 7 of 33
c)
Buying and vending of jewelry and/or pawnshop papers and other similar articles of value.
d)
Vandalizing and destructing park facilities and public traffic signs and other public or national markers
e)
Soliciting or the act of asking money by individuals who do voluntary acts such as, patching or filling up of ruts and potholes.
and private property/signboards,
streamers,
f)
Conducting obscene, scandalous, libelous and seditious theatrical performances
g)
Conducting politicat and religious activities and rallies unhss supported by the necessary permit
h)
Vagranry
-
the act of wandering around from place to place.
Gambling
-
or the act of taking risk by staking one's money
i) j)
k)
Establishing businesses such as fun joints. beer houses, cabarets, and dens or estabtishments, the purpose of which is the exploitation of women. All peEons planning to operate business within the premises of any public park must first secure the necessary permit from the proper office. In case of those planning to s€t up business at the vicinity of the Marikina River, they must first secure necessary permit from the Parks Development Office. Conveying of motor vehicles through bicycle and jogging lanes, twenty-four (24) hou6 a day, all days of the week, on either sides ofthe Marikina River and other public parks. Exemption:
i.
ii.
Governmentvehicles.
Anyone physically handicapped using motorized wheel chairs. Emergency cases. iv. Vehicles attending to functions or any @casions thereof (for jogging lanes only). Access road leading to public parks for parking purposes (for jogging lanes only). Pedicabs for family use, among others. vii. Bicycle traveling leisurely at low speed. Bicycle racing is not allowed. vii. Vehicles used for maintenance and construction. Acc6s road or portion thereof leading to business and commercial establishments located in Barangay Dela Pefia and Sto. Nifro and other places related thereto.
iii.
v. vi.
ix
r)
Drinking of intoxicating liquor
-
drinking any liquor excessively that can cause drunkenness.
m) Mendicancy /Begging for Alms n)
#s
Buying or selling of fmds, magazines. newspapers, cigarettes, brooms, watches or jewelry, shoes and other footwear, and/or any other items
o) Dumping garbage - as stated in street and sidewalk ordinance. p) Vehicle repair - mechanical works using the street and sidewallG as garage q) Bathing, washing of clothes/any articles, hanging of clothes, other household chores r) Conductingshoe-shineoperation s) Using the sidewallv sheet for picnics and gatherings t) Storing softdrinks or wine/liquor bottles and cases u) Storing ofjunks and recyclable materials v) Storing construction materials for sale (pipes, tubings, lumber, cement. and the like) w)
Installing permanent or picket fence
n
I
,l
v
oRonveNCENo
145
Series ol 2006 Page 8 of 33
x) y) z)
Installing plants, trees and plant boxes Installing signs or signboards on or above sidewalks and detached from the business establishment Setting up of basketball courvgoal
aa)
Using the sidewalk for animals (with or without pens).
bb)
Spilling of used motor oil (including all bodies of water, canals, sewerages)
cc)
Moving about (jog, walk, run or the like) topless
Market vendors/sellers, whether in government-owned or privately owned markets must follows:
be attird
as
i.
T€hirt, or any top apparel with sleeves for male vendors; t-shirt, blouse or any top apparel, with or without sleeves for female vendors in the dry goods section only. ii. Pants or skirt. iii. Shoes, sandals or step-in. iv. Apron, for vendors in the wet section and carinderia. The following manner of dressing by vendors/sellers in the market sites are prohibited:
i.
Topless or half-naked. Wearing of shorts/short shorLs. Wearing of sando or any sleeveless shirflblouse. Wearing of slippers. Wearing of dirty or tattered clothes.
ii.
iii. iv.
v.
dd) Littering ee) Sleeping in public places is strictly prohibited twenty-four (24) hours a day,7 days a week. However, the following are hereby exempted:
i.
Family members who, during a picnic or small gathering in parks and open spaces, take nap or rest during the day, i.e., from 6:00 A.M. to 6:00 p.M.
a
ii.
Persons who are attending a prayer vigil to honor their deceased toved ones inside public/private cemet€ries during All Saints' Day and AII Souls' Day.
iii. iv.
Persons who are attEnding a prayer viqil or any event for a cause, in certain public places, and the conduct of which has the approval of the City Government or national government.
Persons who are inside their vehicles, which are parked on designated parking areas.
t/v
-J-/ I
(r$_ -zI r,l
SECTION
6.
Any use of the sidewalk and streets on a temporary basis and for a definite period only, shall secure a special permit from the City Government and/or Barangay ofrice.
.fr -l
ARTICLE 3 R.egulation of Peryahan
c1-\
SECTION
7.
Operation Requirements.
All operators of "peryas" or mini fairs, shall secure the following documents before they are allowed to operate.
a) Business permit and b) Barangay clearance c) Sanitation permit
licenses
d) Clearance from Parks Development Officq
,\
v
ORITNANCB No. r45
Series of 2006 Page 9 ol 33
e)
Such other requirernents as may be required by the City Governrnent of Marikina and/or the Barangay council where the fair will be located.
An inspection team shall be created to conduct an inspection on the site of the "perya" prior to the issuance of any clearance and permit from the concerned Barangay and/or city government offices. It shall likewise be the responsibility of the Inspection Team to conduct regular inspections on all the rides, carnival equipment of "perya" and to monitor activities thereon to ensure that the "perya" premises and facilities are not being used for unlarvful or illegal activities. The Inspection Team shall be composed of the following officials and shall be responsible for their respective functions:
a)
Chairman - Chairman of tfte Committ€e on Games and Amusernent of the City Council of Marikina. The Chairman of the Inspection Team shall report regularly to the office of the City Administrator, and recommend r€asures for the operational improvement of the "perya" or its closure, as may be necessary.
b)
Members i. The City Engineer or his representative shall, after insp€ction of the rides, issue certificates
of
inspection and certify to the safety of the rides or equipment.
ii. The City Health Officer shall ascertain the sanitary conditions of the surroundings and the food items being sold.
iii. The Chief of the Business Permit and Llcensing Office shall ensure that no unauthorized activity is being operated within the "perya" premises.
iv. The Chief of the Ofiice for Public Safety and Security, for the mainGnance of peace and order.
The operator or proprietor of the "perya" shall:
a) Post a bond of Twenty Thousand
Pesos (P20,000) with the office of the City Treasurer of Marikina. The bond shall serve as a deposit for any liability or damage(s) the perya oDeration rnay cause.
b)
Provide trash/garbage receptacles for each booth, stall or ride.
c)
Ensure minimum noise so as not to disturb the imm€diate area.
The City Government of Marikina reserves the right to revoke any or all permits and licenses issued, subject to prior notice to the operator. SECTIOT{
8.
Public Liability Insurance.
Private owners/ operators of the following businesses are requircd to secure Public Liability Insurance
a)
Peryahans with the following features: Circuses, merry{o-rounds, roller coaster, ferris wheels, swings, shooting galleries or similar contflvances, bingo games
b) Rock band concerts The public liability insurance must be obtained From an insurance company, duly registered, licensed and authorized under the law to transact insurance business in the Philippines.
The insurance policy or proof of payment of the corresponding premium shall be a condition for the signing of a contract of lerse and the grant of business permit by the Business Permit and Licensing Omce (BPLO).
All insurance policies must remain in force until the expiration period of the business permit and up to the end ofthe contract of lease for the activity or project. No policy shall be cancelled prior to this expiration of the contract or activity/project.
t
vonorNRNCENo.
Series of Page
SECTIOII
9.
l0
t45 2006
of
33
Installation of Portable Toalets.
All owners, operators, or administrators of carnivals, perya and other amusement facilities are reguired to install adequate portable toilets within the premises of said amusement facilities. The installation of portable toilets on the amusement grounds shall be a pre- requisite to the issuance of permit to operate the amusement facilities. SECTIOT{
10,
Prohibited Acts
The following acts are prohibited inside the peryahan:
a)
Gambling - Gamblels shall be penalized by PD 1602 Anti€ambling Law.
b)
Steeping, bathing and cooking of foods on the open grounds of all carnivalt fairs and other amusement facilities.
c)
Drinking liquor and intoxication in relation to Section 5 Article 2
d)
And such other prohibited acts on public places
ARTICLE 4
Businse3 or Individuals Gatering b SECTIOT{
11.
inors
Prohibited Acts of Minors
Minors are prohibit€d from doing the following acts:
a)
Drinking and selling of liquors or alcoholic beverages
b)
Smoking cigarettes and other tobacco products
c)
Loitering from 11 P.M. to 4:00 A.M of the following day
Exemption. This shall not apply to minors loitering within the time and place
mentioned herein-above with sufficient justifiable reasons. (i.e. school or work related activities) Provided that students must present their school LD.s while out of school youth's and working studenG must present tieir job I.D.'s to the apprehending officer.
Likewise, minors accompanied by their parents and/or legal guardians are exempted.
d)
Roaming in parks/amusement centers during
xhool hours
Exemption. Studenb attending a school activity accompanied by school officials or their resp€dive teachers and authorized by the principaUadministrator of the school. e) Roller skating and scooting along maior thoroughfares, secondary traffic routes, and on sidewalks.
The legal guardian/parents of the child shall be properly informed of the violation committed before the sanctions are carried out by the apprehending officer/s. All establishmenLs such as video arcades, computer shops, videoke/KTv bars and billiard/pool halls are tasked to display a copy of the ordinance in front of their shops. Any minor caught using dangerous drug or substances or engaged in activities contrary to morals or public policy shall be dealt with in accordance with pertinent ordinances, provisions of p.D. 603 (Child and Youth Welfare Code), and such other national laws as may be applicable 0
v
oRolNeNCE No. r45
Series of Page
12.
SECTIOT{
Business Establishments Catering
1l
2006
of
33
to M,nors.
The following acts of business establishments shall be prohibited:
a)
Owners, operirtors or managers of cockpits are prohibited from allowing minors to enter its premises
anytime
b)
Billiard or @l hall shall not be established, put up or operated within two hundred (200) meter radius from any school or education institution, or of any place of worship. Owners, managers or operators of billiard or pool halls shall not allow minors to enter, loiter, or play in any billiard or @l hall during school hours or curfew hours. All owners and operators of billiard and pool halls to be put up and operated within a subdivision or village shall first secure the clearance and consent of the duly accredited homeowners association prior to the operation. Denial of issuance of the clearance of the homeowners association shall be sufficient ground for non-issuance of a business permit of the City's Business Permit and License Office, however the inaction of the HOA within 5 days, will be subject to the discretion of BPLO.
c) EstablishmenLs/individuals selling rugby and other habit inducing products are prohibited from sellinq these products to minors.
d) Establishments/individuals selling cigarettes, other tobacco producb and cigarette paraphernalia
are
prohibited from selling, transferring and/or conveying these products to minors
e)
Establishments operating beyond 11:00 P.M. are prohibited from catering to minors within the curfew hours This shall not apply when minors are accompanied by their parents or legal guardians in said
business establishments. The minor and/or his company must present their IDs
enforcers/apprehending officers to justiry his relationship with the accompanying adult.
to
the
Business establishmenls catering to minors are mandated to display a notice at the entrance of the establishment containlng the words "MINORS ARE NOT ALLOWED FROM 11:00 P.M. TO 4:00 A.M.". The notice shall be clear and noticeable to the pubtic. Factories using rugby and other habit forming solvents are prohibited from allowing minors who have no business staying in the confines of their factory.
The City Engineer and the Business Permits and License Omce (BPLO) shall take this prohibition into consideration in the issuance or non-issuance of the requircd building and business permits. The BPLO must disseminate the information to all establishmenG. SECTION
13.
Regulation of Internet Cafes/Computer Rental Shops/Computer Gaming Shops or centers.
The City Governrnent hereby regulates the establishment and operation of internet cafes/ computer rental shops/computer gaming shops or centers and providing penalties for violation thereof.
COVERAGE.
This Ordinance shall cover the following:
a)
Any business establishment with more than one (1) computer unit, offering for a fee, services including but not limited to e-mail, game, chatting, surfing, research and other services which requires the us€ of computers and access to the internet. These business establishments are classified as internet cafes or computer rental shops/computer gaming shops or centers.
b)
Other business establishments which offier a combination of services such as food and internet. recreation and other similar business fusions requiring the use of computers and access to the internet, such as cyber caf6, arcades, lounge and other similar establishmentsa
/{
-ORDTNANCENo.
145
of
33
Series ol Page
12
2006
CLASSIFICATION OF COMPUTER SHOPS.
Computer shops are hereby clasgified as follows:
a)
- a place of business that has a number of network p€rsonal computers with access to the internet for surfing, chatting, e-mailing and research and available for us€ by customers for a fee by the hour or fraction of an hour. The business establishment may or may not be serving coffee, and/or similar beverages. AIso included are cyber cafe, II{TERNET CAFE
arcades, lounges.
b)
COMPUTER RENTAL SHOP - refers to a business establishment with two (2) or more computer units that offers internet services, typing, printing services and gaming shop or center.
c)
COMPUTER GAMING SHOP OR CENTER - refers to a establishment with two or more computers connected on a local area network that exclusively offers either online games (connected to the internet) or t-AN games (not connected to the internet).
REQUIREMENTS
In securing business license, any person(s) who shall establish and operate an internet cafd/computer rental shop/computer gaming shop or center is required to submit the following documents to the Business Permit and Licensing Office (BPLO):
a) b)
Barangay Clearance
Residencecertificate
c) Homeowners Association Clearance (if located inside suMivisions) or Marikina
Settlements Office Clearance (if located in settlemeflt areas) d) Sanitary Permit from the City Health Office Fire Safety Clearance from the City Fire Department Picture of establishment with permanent signboard g) Contract of lease, business permit of lessor (lf leased) h) Accreditation with Internet Caf6 Association of Marikina or any City Government accredited internet association.
e)
0
BUILDING SPECIFICATIONS
Internet cafes or computer rental shops/computer gaming shops or centers must comply with the National Building Code with the following building specifications:
a) Proper ventilation (as may be specified by the City Engineering's Office). b) Front wall panel is fifty p€rcent (50%) transparent (free from any obstruction) c) d) e) SECTION
to allow a
clear view of the interior of the establishment. Adequate lighting both inside and outside of the establishnrent to allow a clear view of the interior at all times. No enclosed cubicles Main doors should b€ installed in a swing out manner.
14,
Prohibited Activities
The following acts are hereby prohibited among customers inside intemet cafes/ computer rental shops/ computer gaming shops or centers.
a) Perform or exhibit in front of a digital camera, compuGr video camera, camera equippedmobile phones. webcam and the like, any of the following acts, either for free or for consideration, promise or reward:
a.1)
a.2)
Actual or simulated sexual intercourse, including genital{enital, oral{enital, analgenital, or oral-anal, whether between same or opposite sex. Bestiality (sexual relations with an animal),
^
No t45 - 0RDINANCE Series of 2006 Page l3 ol 33 a.3) a.4) a.5)
a.6) a.7)
Masturbation. Sadistic or masochistic abuse. Use of vibrator or any instrument where the genitals, breast or pubic area of any person is exhibited.
Wakhing somebody perForming activities from (a.1) to (a.5). Other activities which are of similar nature.
b) Surf the internet at websites which contain pornographic or lewd materials, satanic/violent materials or those that advertise or prornot€ prostitution is likewise prohibited; and
c)
Produce, distribute, and transmit images or visual representation depicting the above-cited prohibited acb in (a).
d) Use, consume or trade prohibited drugs, intoxicating liquor/beverages, cigarettes within the premises.
e)
Gamble on -line and/or bet among custorners inside the premises.
0Inthecaseofstudentsofminorage,thefollowingactsarelikewiseprohibited:
f.1) Enter the
premises wearing xhool uniform (except studenE who will be doing research worlvschool work in internet cafes or comput€r rental shops during vacanvfree school hours).
f.2)
Ent€r the premises during school hours (except students who will be doing research
worlvschool work in internet cafes or computer rental shops during vacanvfree school hours). Computer gaming shops or centers are strictly prohibited from allowing the entry of students during school hours.
f.3)
Enter the premises without Identification Cards (LD.) and class schedule duly issued by the Registrar's Office.
g)
For both students and outd-school of minor age, entry to the premises during curfew hours (from 11:00 P.M. to 4:00 A.M. of the following day) is tikewise prohibited, except when accompanied by a parent or guardian.
SECTION 15. Duties and Responsibilities of Owners/Proprietors/Managers of Internet Cafes/Computer Rental Shops/Computer Gaming Shops or Centers. owners,/proprietors/managers of internet cafes/ computer rental shops/ computer gaming shops or centers are required to p€rform and undertake the following measures in their op€ration:
a)
Ensure strictly that customers comply with Section 14 of this Ordinance. The I.D's. and class
schedules of students (mino0 must be checked as basis for allowing/disallowing them to enter the premises.
b)
Display necessary warning against access
to
pornographic and on-line gambling sites,
'TNTERNET PORNOGRAPHY AND ON.UNE GAMBLING ARE PROHIBITED'
c)
Install filtering software to remove access to all pornographic and on-line gambling sites.
STUDENTS' CI.ASS SCHEDULE
Any student of minor age who shall enter internet caf6s or computer rental shops/computer gaming shops or centers must present his I.D. and class schedule. The class rhedule must be issued by the Registrar's Ofnce.
REGULAR INSPECNONMSIT
The properly trained technical inspection team, composed of representatives from the BPLO and the Philippine National Police-Marikina (PNP-Marikina), shall conduct regular inspection of abovementioned establishments during their business hours to ensure compliance with this Ordinance. The inspection team shall recommend appropriate measures to be applied on the esbblishment for the violation of the Ordinance.
t
0
v
oRDTNANCE No. 145 Series 2006
of
Page
14
of
33
In case of complaints received from any concerned citizen against an internet caf6 or computer rental shop/computer gaming shop or center, the lospection team shall act within seven (7) days and submit a report to the local chief executive not later than fifteen (15) days from the first inspection day. PARENTAL AUTHORITY AND CUSTODY,
When there is probable cause to believe that the mother, father, or guardian induced the minor to engage in internet pornography, the Department of Social Welfare and Development-Marikina (DSWDMarikina) shall temporarily assume the custdy and parental authority over the minor. DISPOSITION OF MATERIALS,
Any material containing the lewd exhibition and the equipment used in the production/showing/printing of obscene and pomographic materials shall be confiscated and used as evidence in court. Dispcition of materials or equipment shall be determined by the court. It shall be unlawful for any computer and/or video gaming shop operators to extend credit to minors. ComplainE regarding any violaUon of this provision should be filed before the BPLO, which shall immediately conduct an investigation of the complaint upon due notice to the owner/op€rator of subject establishment. SECTIOT{
16.
Street Children.
The City Government hereby authorizes any personnel of the Department of Social Welfare and Development, this City (DSWD-Marikina), any member of the Marikina-PNP, personnel of the Ofiice of Public Safety and Securiry (OPSS), Barangay Tanods, other auxiliary police and operatives to take custody
of street children and if necessry bring them to appropriate public or private social welfare institutions
Any personnel of the DSWD-Marikina. any memkr of the Marikina-PNP, personnel of the OPSS, Barangay Tanods, other auxiliary police and operatives, who shall take custody of street children must reportlregister (file a blotteo at the nearest Barangay Office or Police Station b€fore bringing them to any public or private social welfare institutions.
In implementing the Child and Youth Welfare Code, all Barangay ffices and Police Stations are directed to observe the requirements of P.D. 603 (Family Youth and Welfare Code) in taking custody of street children. Street children should be sent honE with their parents, guardians or relatives. whichever is applicable. However, in case they have been abandoned by their parents or guardians and that they no longer have any relatives where they could stay, they will be sent to any social welfare institutions. Street children classified as "rugby boys" shall be turned-over to the Marikina Rehabilitation Center in Barangay Marikina Heighb for custody in a separate area specifically created for the purpose. Street children who are not residents of Marikina shall be sent to DSWD-Marikina City, which in turn shall
v *
$
bring them to other DSWD-NCR accrdited social welfare institutions or private institutions operating within Metro Manila.
ARTICLE 5 Eusiness Establishments
SECIIOT{ 17. Business Establishments Serving/Selling Liquor
of
of
tle
liquor in the City Marikina is prohibited in foltowing manner: The owners/managers/personnel of commerciaubusiness establishments should inform their customers/clients of this prohibition
The sale
a)
From 12:00 m.n, to 8:00 a.m. - sari-sari stores, groceries, mini marts, convenience stores, and all other similar establishments.,
A
No. r45 - oRDINANCE Series of 2006 Page l5 of 33
b)
to 8:00 a.m. - eateries (restaurants, kitchenettes. carinderias, grills, KfV bars and clubs, music lounges, disco houss, billiard halls and all other similar ),
From 2:00 a.m. etc.
establishments.
c)
All business establishments are mandated to display a notice at the entrance containing the word 'NO SELLING AND SERVING UQUORS TO MINORS".
SECTIOI{ 18. Videoke Bars/Kry Bars and Restaurants. The City Government hereby regulates the construction and use of VIP Rooms inside videoke barsiKTv bars and restaurants. REQUISiTES
a) VIP rooms inside videoke bars/KTV bars and restaurants must be completely transparent, no door locks, free from any obstruction from the outside, and properly lighted to enable the identification, from the outside the peBons inside the room.
b) The owne6 of videoke barslKTv bars andlor restaurants must require the registration of
each
customer who will use the VIP room.
c) The owners must assign a personnel who will regularly monitor VIP rooms to ensure that no act of prostitution is being carried out inside the rooms.
d)
Public Liability Insurance d.1) Resorts featuring swimming pools
d.2) KfV bars, night clubs. cocktail lounges, beer gardens, pub and disco houses and cabarets d.3) Off-track horse betting station SECTION 19. Conduct of Entertainment Shows The following modes of dress or attire are prescribed on performers/participants in entertainment shows within the City of Marikina:
a) T-shirt, blouse or any apparel with brassier for female b) Pants or skirt
c)
Long Gown or dress
d) One-piece bathing suit e) Two-piece bikini wrap around
cloth, but not T-back style
The following state of dress or undress by pafticipanb are thus prohibited:
t-o Y */'X.. l/\
c
a) b)
c)
going topless or appearing half-naked or nal<ed wearing short shorts wearing two-piece bikini with T-hck underwear
The event organizer/ event coordinator and/or the owner of the establishment or production company shall secure the following permits before conducting a show:
a) b)
c)
Mayor's Permit Business Permit Barangay Permit
d) if e)
the event ls within the premises of the Mar,kina River Park, prior approval from the
Marikina Park and Recreation Office. Such other requirements as may be required by the City Government of Marikina and/or the barangay council where it seeks to conduct the event.
l
,
-ORDTNANC:E No. t45
Series ol 2006 Page '16 of 33
SECTIOT{
20.
Food Establishments
The City Government hereby requires food establishments to store their Liquefied Petroleum Gas (LPG) tanks outside the building premises and use metal piping as connector to the corresponding stove. For placed in an area that is out of reach of children, remote from smokers this purpose, these tanks shall or any similar circumstances that may endanger public safety. The bnks and tube connections shall be open for inspection by the City Govemment.
h
SECnOI| 21. Gasoline Stations The City Govemment hereby mandates motorists and gasoline station owners within the City of Marikina to comply with safety measures in refueling of rnotor vehicl6. SECTION
a) b)
c) d) e)
22.
Prohibited Acts within the forecourt
Igniting a lighter or match for whatever purpose. Using mobile phone. Running the engine while retueling. Straddling/sitting on tie vehicle/rnotorbike while refueling. Using an unauthorized plastic container for take out purchase of petroleum products.
NOTICE Al{D WART{ING The owner/opector of the refueling station shall post the following signs along the entrance premises or in such conspicuous place within tie forecourt as warning to customers, station pump crew employees, and the public, in general.
a)
No smoking.
b)
Switch
off mobile
phone while refueling. Using mobile phone while refueling can cause fire or
explo6ion.
c)
Switch ofr engine. Running the engine while refueling can cause fire.
d)
Get off from motorbike or tricycle while refueling.
e)
Use only approved containers for
taksut
purchase of petroleum products.
ARTICLE 6 Schools SECTION
23.
Vendors within the vicinity of schools.
The City Government hereby prohibits vendors to sell food items within the vicinity of public and private elementary and high schools.
ARTICLE 7 Regulation of Banking and Financial Institutions/Drug Stores SECTION
a)
24.
Requiremenb for Banking and Financial Institutions
All banking and financial institutions are required to install alarm systems in their respective premises. The alarm system, whether in a form of a bell, a siren, or any gadget producing a loud sound and controlled by a switch, shall be installed oubide the premises of the building. Arrangement shall likewise be made for the alarm system to be directly connected to the Marikina police Station or Headquarters through appropriate circuitry
I
/'
-0RoruarcE No. 145 Series of 2006 Page
b)
17
of
33
All banking institutions are required to install video monitoring devices inside their premises. Video tapes are required to be kept in storage for at least fifteen (15) days for purpos€s of review and reference, in case of necessity.
SECTION
25.
Operation of Drug Stores during Glamities
All drug stores/pharmacies in the City of Marikina shall keep their stores open and continue their operation during calamities or disasters. Exemption. Drug stores or pharmacies which are directly affected or hit by calamity or disaster are exempted from this Ordinance. Directly affected or hit shall mean that the establishment has been destroyed or submerged in water.
ARTICLE 8 Drug-Related Activities
SECTION
26.
CMP Housing used as venue
for illegal drug activities.
The City Government has established lowrost housing projec6, as well as, city{riginated CMp (Community Mortgage Program) loans to provide its urban poor with affies, which they can own at afrordable cost, and conversely, it cannot be discounted that these housing poects are always vulnerable to the proliferation of illegal drugs.
SECTION 27. Establishments used as site for illegal drug activities
The City Government of Marikina. in its continuous and aggressive pursuit of various means to control and arrest the growing number of illegal drug activities within the City, aim to regulate the operation of such seedy establishments and impose sanctions that will make the owners share the responsibility of maintaining drug-free environment. ARTICLE 9 Barangay Registration
SECTION
28.
Domestic Helpers/ Transient workers.
All domestic house helpers and transient workers employed in the City of Marikina are hereby required to register and secure a clearance certificate and work permit from the Barangay Government covering their place of work.
/
tttr I
0..
The following documenb are pre-requisites to registration and issuance of clearance and work permit:
a) b)
c) d)
Two (2) pieces 2" x 2" picture (colored or black and white) Statement of two (2) witnesses certirying as to his/her identity and the true home origin/address of the household helper, preferably the person who recommended him/her, or a certificate from the employment agency. I.D., birth certificate, community Tax certificate from his/her place of origin, or any other valid document that can establish his/her identity and address, or a certificate of good moral character issued by previous or present employer. Police clearance
The Barangay clearance/work permit shall be valid only during the duration of the employment of the household helper in a domestlc residence. It shall be the duty of the head of the family to inform the concerned Barangay authorities of the resignation, dismissal. or abandonment of work of the domestic helper, under which case the clearance/work permit shall be deemed revoked. p
/\
-onotNRNC:E No
145
Series of 2006 Page l8 of 33
SECTION
29,
Security Guards
All security personnel assigned within the City shall register, or cause to be registered by their respective security agency with the Barangay government of their respective area of assignment, and with the PNP
Marikina. Serial number of firearms must be duly registered within one (1) week upon assumption of their assignment. The following documents must be submitted for registration:
a) Security Guard license and certificate of employment b) Latest neuro-psychiatric test c) Community Tax Certificate d) Security agency license with the PNP The Barangay ofiices and the PNP Marikina shall maintain a list of security guards stationed in Marikina
30. Lessor of Residential or Commercial Establishments Lessor of a residential or comrnercial property is required to register his lessee(s) with the respective Barangay office. SECTIOI{
CON FIDEI.ITIAUTY OF INFORMATION
All information presented by the lessee shall be treated with utmost confidentiality and shall not be disclosed to any individual without the lessee's consent or court order. Any Barangay personnel who shall disclose any information gathered for personal purpose or without the approval of the Barangay Gptain/court order shall be deatt with accordingly. ARTICLE 10 Pornographic Materials and Obscene Publications SECTION 31. The City Government hereby prohibits the printing, importation, distribution, sale and giving away or display and exhibition of pornographic materials, obscene publications and other similar materials.
ARTICLE 11
Drinking Spre6/Noise-making Reyelries SECTION
32,
The conduct of revelries and drinking sprees in all subdivisions throughout the City of
Marikina is hereby regulated as follows.
a) Audio-amplified machines such as stereos, karaokes, videoke, cassettes, radio playe6 and similar musical instruments shall not b€ allowed to play beyond the normally accepted sound modulation after 10:00 p.m. up to 6:00 a.m. the following day.
b) During the evening, merrymakers, celebrants and revelers shall observe utmost moderation in creating unnecessary noises, or any activity, which may tend to influence the creation of such noises, within the premises of their house or yard.
c)
The homeowners and neighborhood associations of suMivisions, villages and communities shall formulate such necessary guidelines and policies that will provide for noise-reduction measures governing the conduct of any revelries or drinking sprees within their resp€ctive areas.
d)
The homeowner shall be responsible for the conduct of his guesb in any occasion or celebration that may be held in his house.
,
I
/\
-oRDrNANcENo
Series of Page l9
145
2006
of
33
ARTICLE 12 Buy and Sell of Used or Second Hand Articles SECTION 33. All persons, natural or juridical, including single proprietorships, firms, associations, corporations, partnerships, and any other establishments or entities who engage in the business of buying and/or selling, or otheMise dealing in used or second-hand articles of value are hereby required and mandated to secure evidence of ownership or capacity to sell from their dealers, suppliers, wholesalers, or any other source of goods, whether natural or juridical persons, prior to any purchase or sales transactions COVERAGE
This mandatory requirement shall cover all pawnshops, surplus stores, junk shops, baratillo and flea markets, and all other similar business establishmenb or entities engaged in the buying and selling of second-hand or used articles of values. EVIDENCES OF OWNERSHIP OR CAPACITY TO SELL
a) Deed of Sale in the name of the seller, dealer, supplier or other source. b) Official receipt evidencing purchase of the subject article, regardless in whose name it is made out to. c) Purchase slip, purchase order, delivery receipt, sales invoice in the name of the seller, dealer, supplier or other source. d) Duly notarized Special Power of Attorney executed by the owner identirying the item(s) for sale. e) Declaration of ownership or capacity to sell. RECORD BOOK
Each affected individual or establishment shall keep a record book of its purchase/acquisition transactions
clearly indicating the sources of such purchases/ acquisitions and the evidence of the ownership presented.
Non-inclusion of any transaction in the ofricial record book shall be prima facie evidence of the crime fencing.
of
The record book required to be kept by each individual or establishment engaged in the business of buying and/or selling articles of value must bear the official stamp of examination by the City's BPLO every renewal date of the individual's or establishment's business permit/license. SECTION
34.
Prohibition to transact with Minorc
All establishments and individuals covered by this Ordinance are strictly prohibited from transacting with any minors, meaning natural persons below eighteen years old. Patrons wearing school uniforms shall be asked to exhibit any identification. which bears the patron's date of birth and present age. Each establishment licensed to engage in the business of buying and/or selling used or second hand articles of value shall post on its front door or business window, a uniform poster to be secured from the BPLO upon application for business permit or license, or renewal thereof. The official poster shall be 11" x 17" in size and shall bear the words:
"THIS ESTABLISHMENT DOES NOT BUY OR SELL STOLEN GOODS"
ARTICLE 13 Construction Site SECTIOI{ 35,No member of family/non
vonorNeNcE
Series of Page 20
No. 145 2006
of
33
ARTICLE 14 Firecrackers
SECrION 36, Regulating the manufacture, sale, distribution, possession and use of certain firecrackers or pyrotechnic devices within the territorial iurisdiction of the City. The firecrackers or pyrotechnic devices mentioned in the preceding section shall refer to those with high explosive contents that could endanger life and limb.
ARTICLE 15
foy Pellet Guns/Air guns and Pistols SECTIOT{
37.
The use of toy pellet guns. air guns and pistols for hunting birds and other winged
animals is prohibited.
ARTICLE 16 Use
of Booster Pumps on Registered Water Seryice Connections
SECTIOT{ 38. The use of booster pumps on MWSS registered water services connections and/or selling of water coming from such water service connection is hereby prohibited.
ARTICLE 17 Signboards/ Billboards SECTION
39,
Ground Signs and Advertisements.
The owners of all commercial, business and industrial establishments and religious and educational institutions within the City of Marikina are hereby prohibited from placing or putting up ground signs or advertisements on stands or posts within the mandatory (5)-meter public parking easement fronting their respective establishments and institutions
SECTIOI{ 40.
T
# d-
Bi
llboards/
Sign boa
rds/ Strea mers.
No billboards, signboards or streamers, containing promotions, advertisements, project announcements or any commercial materials shall be posted, placed, stringed, attached and/or installed on any public facilitis, including but not limited to, public parks and its facilities, public structures anil 'utility companies, and trees and planb found on sidewalks The installation of any commercial signs or billboards which are private in nature in all Barangay and City street signs is prohibited SECTION 41. Signboards used during Infrastructure Projects case of infrastructural poects undertaken by administration or private contractor, the signs, billboards or signboards should be attached to a stand and placed on the street pavement at the approach and end of the construction poect, and should be visible as a trafric warning to both motorists and pedestrian alike.
In the
Construction projects to be undertaken by the national government or any of its instrumentalities within the city of Marikina shall be required to obtain a perm,t from the ofiice of the city Engineer of Ma
rikiZ
voRorNeNcENo.
145
Series of 2006 Page 21 of 33
SECTIOI{
42.
Permits
Any business and commercial establishments, religious organizations, community organizations and nongovernmental organizations, that seek to install billboards, signboards or streameE on any of the places mentioned above, shall secure a clearance from the Barangay having territorial jurisdiction, thereof prior to securing a permit from the Business Permit and Licensing Omce. SECTION
43.
Removal of Signboards, Billboards Streamers
The City Government of Marikina shall have the right to remove, without notice, any billboards, signboards or streamers that are not placd in designated areas.
ARTICLE 18 Prank Crlls to Emergency Hotline Numbers
SECTIOT{
tl4.
The City Government hereby penalizes any person who makes prank call(s) to any
emergency hotline numbers of government and private entities The following acts shall be punishable:
a) Making prank calls or sending false or untrue text messages, through any service provider, to any emergency hotline number.
b) Making calls or sending text messages to emergency hotline numbec for the purpose of reporting a false or make-believe emergency situations.
c) Making a call or texting an emergency number and leaving said line hanging for the purpose of paralyzing the emergency hotline called.
d) Making lewd calls or sending lewd telt messages to emergency numbers, and e) Calling/texting said emergency hotline numbers to mock, ridicule, insult or othemise, hurl invectives at the phone operator, or utter distasteful and/or derogatory remarks against any individual other than the operator.
V /1 v I
_l
tr
*-
0..
IDENMFICATION OF PMNKSTER. Pranksters can be identified through caller's I.D. Telephone number, both land and mobile and can also be identified using voice recording system where every conversation that transpired are being recorded for future reference. Using the Caller's I.D. and Voice recording can be documented in the Daily Journal. The prankster can be apprehended when prima facie evidence is established and formal complaint has been filed and a warrant of arrest has been issued.
Prank calls can be monitored, recorded and properly identified through the registered owner of the landline indicating therein the address/location of the owner. Mobile phone user can also be identified if registered.
For conviction of pranksters, the journal indicating the telephone number used, time/place committed and the voice recording shall be presented to the court as evidences. Proof of ownership of the landline phones used or proof of purchase of the mobile phone used by the suspected prankster can be verified and obtained from the National Telecommunications Commission. p
I
voRotNaNCE No.
Series of Page
22
145
2006
of
33
ARTICLE 19 SECTIOil 45. Guidelines on the Implementation of this Code 1) The implementing ofricers/authorities must issue an Ordinance Violation Receipvcitation ticket to a person apprehended for an actual violation of this Code containing the following information:
a)
Date
b)
Name, address & contact number
c)
Violation (Ordinance No./Description)
d)
Penalty
ofthe violator
d.1 Amount of Fine
e)
Alternative Penalties e.1 Community Service (if incapable to pay the fine)
e.1.1 Type/Description
e.1.2 No. of hours e.1.3
Place
e.1.4 Time e.2 Spiritual Counseling (if incapable to pay the fine and not physically fit)
e.2.1
Place/Dateffime
e.3 Blood Donation (incapable to pay the fine, provided that the penalty involved shall not exceed P1,000 and that the offender is heatthy, physically fit and qualified to donate blood)
e.4 Values Orientation Rehabilitat'on Course (for minor ofrenders)
e.4.1
0
Place/Dateffime
Name and signature of the implementing/apprehending ofiicer
Failure to pay the fine/render alternative penalties within 24 hours shall cause the filing of an appropriate action in court for violation of this Code.
2.) Give instructions to the violator to pay the fine at the City Treasure/s ffice or Barangay Treasurer's Omce (as the case may be).
3.) The apprehending officer must give instructions to the violator or endorse the violator to the concerned officer who will supervise the execution of the alternative penalties (community service/spiritual counseling/blood donation) / penalty for minors (values orientation rehabilitation course) as provided in this Code.
If the violator refuses to pay the fine or render community service or other alternative penalties, the apprehending officer may execute any of the following:
a)
For apprehending officer who is not a member of the pNp-Marikina -
a.1) Turnover the violator to the police authority for the filing of a case at the City Fiscal's Ofrice within sixty (60) days.
a.2) Report the violation to the City Legal ffice for prcrPlr
action./1
/<
voRorNeNcENo.
Series of Page
b)
23
t45 2006
of
33
For apprehending officer who is a member of the PNP-Marikina b.1) File a case at the City Fiscal's Office for violation of this Code/City Ordinance within
sixty (60) days.
4.) Accompany a minor-violator to his/her parenb/guardians/ Furnish school authorities of the report of the violation/ accompany any street children to the nearest Barangay office or police station and file a blotter. Observe the requirements of P.D. 603 in taking custody of street children. 5.) The apprehending officer must put in a record book the circumstances of all apprehensions. Bantay Bayan personnel shall perform 1) to 4) for violations pertaining to the following upon orders of the local chief executive:
a)
Sleeping in public places
b)
Littering
c)
Dress code (moving about topless)
d)
Dumping of garbage
e)
Mendicancy/Begging for alms
0 Street children g) Roller skating h)
Vandalism
For violations not mentioned under a) to 9), Bantay Bayan personnel shall report violato(s) who are caught in the act of doing an offense and report the violation to any OPSS personnel, members of the PNP-Marikina and Barangay Governments Oanods) and other agencies concerned. 7
(
J V I
+-+ n-\
YnoNlNce
Series of Page
No
24
145
2006
of
33
THE MARIKINA PEACE, ORDER, PUBUC SAFETY AND SECURITY CODE OF 2006
APPE'{DIX *A" SCHEDULE OF FINES and PENALTIES
Section
Tvpe of Offense/Violation
Fine/Penaltv
Section 5
Carrying of Bladed/Deadly Instruments
Imprisonment of not less than one month and a fine of not more than P2,000.00, or both. In case of incapacity to pay the fine, the offender shall render 5 hours of community service. If the ofrender is a minor, the parenvguardian shall pay the fine or render the Community service
Buy and Sell of jewelry and Pawn shop papers
P3,000.00 fine and confiscation of jewelries and pawnshop papers. In case of incapacity to pay
the fine, the offender shall render 8 hours of community service. In case of insolvency of the offender, he shall render 5 hours of community service
Vandalizing, Soliciting Conducting Obscene, Scandalous, Libelous and Seditious Theatrica I Performances Conducting Political and Religious
activities and Rallies Vagra ncy
Gambling Establishing businesses such as fun joints, beer houses, cabarets, and dens or establishments, the purpose of which is the exploitation of women Conveyance of motor vehicles through bicycle/ jogging lanes Drinking of intoxicating Liquor Mendicancy/Be99ing for Alms Vending or selling of foods, Magazines, newspapers, cigarettes, brooms, Watches or jewelry, shoes and other footwear, and/or any articles, hanging of clothes, other household chores.
Conduct of shoe-shine Operation Using
the sidewalk/street for picnics and gatherings Storing softdrinks or wine/ liquor bottles nd cases Storing ofjunks and recyclable materials Storing construction materials for sale (pipes, tubings, lumber, cement, and the likes) Installing permanent or picket fence plants, trees and plant boxes, signs or signboards on or above sidewalks and detached from the business establishment Setting up of basketball court/goal. a
P2,000.00 fine. In case of incapacity to pay the fine, the offender shall render 5 hours of
community service. If the offender is a minor, the parents/guardian shall pay the fine or render the
community service. Minors/children who are considered as, "street children" apprehended for soliciting money must be reported/ registered at the nearest Barangay Omce or Police Station. Street children classified as "rugby boys" shall be turned-over to the Marikina Rehabilitation Center, in Barangay Marikina Heights for custody in a separate area specifically created for the purpose.
P1,000.00 fine. In case of incapacity to pay the fine, the ofrender shall render 4 hours of
community service. If the offender is a minor, the parents or guardian shall pay the fine or render the community service. Minors/children who are considered as "Street Children" apprehended for begging for alms must be reported/registered at the nearest Barangay ffice or Police Station.
a)Street children should be sent home to their parents or relatives, whichever is applicable. However, in cas€ they have been abandoned by their parents and that they no longer have any relatives where they could stay, they will be sent to any social welfare institutions. Street children shall be sent to DSWD-Marikina City, which in turn shall bring them to other DSWD-NCR accredited social welfare institutions or private institutions operating within Metro Manila. Street children classified as "rugby boys" shall be turned-over to the Marikina Rehabilitation Center, in Barangay Marikina Heights for custody in a separate area specifically created for the purpose./
voRotNRNCENo.
Series of Page Using the sidewalk for animals (with or without pens) Spilling of used motor oil (Including all bodies of water. canals, sewerages).
25
145
2006
of
33
b) For market stall holders/owners of public and
markets and
private/flea other commercial/business establishmenb using a portion of streets/sidewalk as an extension of their stall: Fine of P1,000.00 & confiscation of goods. In case of inability/nonrapacity to pay the fine, the ofrender shall be requlred to render community service for a period of four (4) hours under the supervision of the Marikina Public Market Ofiice and/or the ffice of The Public Safety and Security (OPSS). Refusal or failure to pay a fine within five (5) days upon issuance of the order of payment the market stall or business establishment shall be temporarily closed until such time that the fine has been paid. For the third offense, revocation of business permit and license to operate and permanent closure of the establishment shall be imposed in addition to the fine and confiscation of goods. c) For illegal sidewalU ambulant vendo6:
Immediate apprehension of the offender and confiscation and forfeiture of his commercial goods/articles. In addition, he/she shall be liable to pay the fine of P1,000.00. In case of inability/non-capacity to pay the fine, the offender shall be required to render community service for a period of four (4) hours under the supervision of the Marikina Public Market Office and/or the ffice of The Public Safety and Security (OPSS). d) For business establishmenG using motor oil: Fine of Pl,000.00. Revocation of Business permit, in addition to the fine shall be imposed on the second offense
Moving about topless (Violation of Dress Code)
A fine of P500.00. In case of inability to pay the fine, the offender shall tre required to render
three(3) hours of community service. The penalty herein provided shall be imposed for offenders 18 years old and above. Children above Rfteen (15) but below eighteen (18) years old and acting with discernment are NOT exempted from liability. The parents/guardian of the minor shall pay the fine or render the community service.
Littering
A fine of
P500.00 shall be imposed on the offender is a minor, the parents/guardian shall pay the fine or render the community service. Failure of the offender to pay the fine or render the community service within seventy-two (72) hours from the issuance of the citation ticket shall cause the filing of the
offender.
If the
appropriate complaint against him. Upon conviction, fine of P500.00 shall be imposed or imprisonment of not more that one (1) year, at the discretion of the court. Sleeping in Public Places
Fine of P100.00. In case of inability to pay the fine, the violator shall render three (3) hours of community service, that is, dredging up or bringing to the surface accumulated debris/trash from the Marikina River. if the violator is suspected to be under the influence of alcohol/drugs, he/she shall be taken into custcdy
/
/
VORDINANCENo.
Series of Page
145
2006
of
26
33
for two (2) hours at the nearest Barangay office. After the lapse of two (2) hours, the violator shall be required to pay the fine or render three (3) hours of community service. A drug dependent shall be recommended for rehabilitation. If the offender is a minor, parents or guardian ( if the parents are deceased or no longer around and the minor is under the care of a guardian), said minor shall be informed of the offense. The parents or guardian shall pay the fine or render three (3) hours of community service. If the offender is an orphan, a child whose parents are dead, or anyone who is physically or mentally disabled, has no permanent abode, and has no capacity to pay the fine or render community service, he/she shall be brought to the Department of Social Welfare and Development (DSWD)-Marikina City for c u stody/tra nsfer to charitable institutions.
Section 7
Peryahan
Imprisonment for a period of one (1) month, or penalty of Five Thousand Pesos (P5,000.00) or both, at the discretion of the court. Any b€ttor apprehended in the act of gambling shall also be imposed with a fine of One Thousand Pesos (P1,000.00). After the termination of the permit to operate or closure of the "peryahan" the owner-operator shall voluntarily remove all equipmenvfacilities and structure from the premises within forty eight (48) hours. In case of failure refusal, the owner operator shall be subject to a fine of Five Thousand Pesos (P5,000.00)/day for storage of unclaimed facilities until such facilities have been redeemed.
Article 4
Business Establishments
Violation of minors under this chapter shall be penalized by a fine of P1,000.00.The minor shatt be required to attend a Values Orientation Rehabilitation Course to be conducted by the Center for Excellence (CENTE0 Students roaming in parks, amusement centers, internet cafes/computer shops and other similar places during their prescribed school hours. these minors who violate Section 34(f) shall be turned-
to their parents/guardian. The school authorities shall be furnished with the report of the violation. over
The parents/guardian of the minor ofrender shall pay the fine or render fou(4) hours of community service in case of failure to pay the fine. Fine of P5,000. In case of incapacity to pay the fine, the ofrende(s) shall render sixteen (16) hours of community service. Revocation of business permit and license to operate shall be imposed in addition to the fine for the third offense, without prejudice to the filing of appropriate action in court for violation of the Code and other laws. Renewal of permit and license will only be granted upon compliance with all the provisions of this Code.
/
A
v
onotueucENo.
145
Series of 2006 Page 27 of 33
Internet Cafes/Computer Rental Shops/Computer Gaming Shops or centers
Any person who shall perform any of the following acts under Section 14, (a) (prohibited acts) shall be penalized by a fine of P3,000, without
poudice to the filing of appropriate action in court. In case of incapacity to pay the fine, the offender shall render eight (8) hours of community service. Provided that, in case the performer, actor or exhibitor is a minor, he/she shall be considered a victim pursuant to Republic Act No. 7610, otheMise known as "Special Protection of Children against Child Abuse, Exploitation and Discrimination Acf', and shall be placed under protective custody as provided in said Act.
Business Establishrnents catering to minors
Business establishments serving or
selling liquors
Fine of P5,000. In case of incapacity to pay the fine, the ofrender shall render sixteen (16) hours eight (8) hours per dayl of community service. Revocation of business permit and license to operate shall be imposed in addition to the fine for the second offense, without prejudice to the filin9 of appropriate action in court.
Any individual, owners of establishments who shall sell, serve, transfer and/or convey possession or ownership of liquor to minors shall be penalized by a fine of P5,000 for the first ofiense and revocation of the license to operate for subsequent ofrense in addition to the fine, without prejudice to the filling of appropriate action in court.
Gasoline Stations
Any person, motorist and station crew
found
violating the provisions under Sections 55 and 56 shall be penalized for every infraction a fine of Pf,000.00 or an alternative penalty of six (6) hours community service or donation of one unit blood the blood bank the city
of
qovernment.
to
of
Gasoline owner/operator station crew shall be meted a graduated penalty of violation of sections 55 and 56, as follows:
--J il
First offense - fine of P1,000 Second offense - Fine of P2,000
V
+= tr
Third ofrense and subsequent offenses fine of 3,000.
Section 19
Conduct of Entertainment Shows
aF."
-
The event organizer/event coordinator and likewise the owner of the establishment or production company of the entertainment show shall each be fined the amount of Five Thousand Pesos (P5,000.00) without prejudice to the filing of appropriate action in court.
Banning of the establishment or production company in the City of Marikina.
SECTION 23
School
Fine of Pl,000. In case of inability to pay the fine, the offender shall be required to render four (4) hours of community srervice.
I
('
\.
oRuNeNCE No.
Series of Page 28
24
145
2006
of
33
Banking and financial institutions
The owner/manager shall be penalized by a fine of P5,000.00. In case of failure to pay the fine, the suspension shall be lifted only if and when the banking institution has installed an alarm system/ video monitoring device. The BPLO shall not issue a renewal of the business permit to any bank in this City without compliance of the same.
SECT]ON 25
Drug Stores
The owner/manager shall be penalized by a fine, the suspension of the business permit and license to operate shall be meted.
SECTION 26
CMP Housing- used as venue drug activities -
SECnON
SECTION 27
Establishment used as a site
for illegal
Permanent disqualification & forfeiture of the rights and privileges of a beneficiary. The violator
shall be totally stripped of his/her right or privilege or residency in his or her awarded lot and shall no longer qualiry in all other housing privileges in any city government-oriented housing poect. Revocation of Business Permit
for illegal drug activities
SECTION 28
Domestic Helpers
Fine of P3,000.00 for every violation. In case of
incapacity to pay the fine, the offender shall render eight (8) hours of community service. SECTION 31
Pornographic Materials
Any legitimate business involved in the printing, importation, distribution, sale or display and exhibition of newspapers, magazines, theatrical shows and other similar materials or activities shall be penalized by a fine of P5,000.00 and confiscation and destruction of items. License shall be revoked in addition to the fine and confiscation for the second offense.
Any publisher, distributor, importer, retailer or seller, and operator caught printing, importing, dlstributing, selling or in any way any materials or presenting theatrical shows be penalized by a fine of P2,000.00 and confiscation of materials. In case of incapacity to pay the fine, the offender shall render five (5) hours of community service. The penalty imposed is without prEudice to the filing of appropriate action in court.
n
Y *-k
d.
SECNON 32
Drinking spree
The homeowner shall be penalized by a fine of P2,000. In case of incapacity to pay the fine, the ofrende(s) shall render eight (8) hours of community service. If the offender is a minor, his/her parents shall pay the fine or render the commSunity service.
SECTION 33
Buy & Sell
Fine of P3,000. In case of inability to pay the fine,
the offender shall render eight(8) hours of community service. If the offender has a registered business entity, his/her business permit and license to operate shall be revoked and his/her shop shall be closed.
(
/
v
oRorNaNCENo.
145
Series of 2006 Page 29 of 33
SECTION 35
Fine
Construction Site
of
P500.00 depending on the number of
person(s) living with the construction worker. In case of incapacity to pay the fine, the offende(s) shall render three (3) hours of community service.
In
addition, the worker found harboring any
relative shall not be given any working permit. In
case the establishment where he may be employed and the owner of the building being constructed knowing such fact, any construction permit issued by the City Engineer Office shall be revoked. The City BPLO shall revoke the business permit already issued.
Sectaon 36
Fire Crackers
Fine of P5,000.00 and confiscation of fire crackers and pyrotechnic devices, without prejudice to the filing of appropriate action in court.
Section 37
Toy pellet gun
Fine of P500 and confiscation of toy pellet gun/air guns/pistol/oxygen tanks, without prejudice to the filing of appropriate action to court for violation and damages, if any. If case of incapacity to pay the fine, the offender shall render three (3) hours of community service. If the offender is a minor, the parents/guardian shall pay the fine and render the community service.
Section 38
Use of Booster Pumps
Fine of P2,000.00 and confiscation of booster pump. In case of incapacity to pay the fine, the offender shall render five (5) hours of community service. This is without prejudice to the filing of appropriate action in court.
Section 39
Sign boards/Bil I boa rds
of
5,000.00 at each instance plus of such billboards, signboards or streamers. Violation for three (3) consecutive times within the same year shall be sufncient ground for the revocation of business permit and
Fine
confiscation
license.
Section 44
Fine of P5.000, w,thout prejudice to the filing of appropriate action in court.
Prank Callers
APPETIDIX B
Alternative Penalties/Penalty for Minor Ofrender SECTION
45.
Community Service.
Community Service may be imposed on any natural or juridical person who has violated any provision of this Code and who has no capacity to pay the fine, provided that the violator is physically and mentally fit to render such service. If the violator is a juridical person, the owne(s)/ manager(s)/ administrator(s) shall render the community service. /|
/\I
\-
oRotNRNCE No. r45
Series of Page 30
2006
ol
33
The following are the community services, which may be imposed upon violatoE:
a) Cleaning of sidewalks, streets, parks, river parks, public buildings, structures and surroundings. b) Dredging of garbage from river. c) Watering of plants in parks. d) And other tasks that may be assigned by the implernenting agencies which are of similar nature. e) Practice of profession (e.9. doctors, teachers) for the needy, children or elders.
0
Charity, civic works.
SECTION 46. The community service shall be imposed for a minimum of one (1) hour and a maximum of eight (8) hours per day. Any implementing agenry as provided in this Code shall impose community service to violatoB in the following manner:
a) For fine of P500 and below: 1 to 3 hours of community service b) For fine of above P500 to P1,000: 4 hours of community service c) For fine of above P1,000 to P2,000: 5 hours of community service d) For fine of above P2,000 to P3,000: 8 hours of community service e) For fine of above P3,000 to P5,000: 16 hours of community service SECTION
47.
(two (2) days, 8 hours per day)
Blood Donation.
Blood donation may be imposed as an alternative penalty for violators who has no capacity to pay the fine, provided that the penalty involved shall not exceed P1,000 and that he/she is healthy, physically fit and, thus, qualified to donate blood. The City Health Office shall certiry if an offender is a qualified donor.
SECTION 48. Spiritual Counselling. Implementing agencies/authorities may impose the alternative penalty of spiritual counseling to violators
of this Code in case of incapacity to pay the fine and inability to render community service due to disability, illness or weak health condition which hinders a person to execute tasks which requires physical exertion.
SECTIOil
49.
Values Orientation Rehabilitation Course.
Values orientation and rehabilitation course shall be imposed on minor offenders. The Center for Excellence (CENTE() shall administer the values orientation rehabilitation course. The course shall also address the psychological, emotional and spiritual needs of minors.
SECTIOil 50. Penalty for failure to Render Community Service
Y
Persons in breach of the provisions of this code to render community service/other alternative penalties in lieu of the payment of fine as herein required, shall be liable to pay a fine of five thousand pesos (php 5,000.00) in addition to the fine prescribed for the subject violation, or shall be liabte for imprisonment for a period not exceeding one (1) year, or both, at the discretion of the court.
APPENDIX C Penalty Sharing
*-
w
d
51. Proceeds corresponding to the penalty collected shall be d'vided as follows: seventy five percent (75%) shall go to the City GovernmenU and twenty five percent (25%) shall be divided between the apprehending offtcer who shall receive five percent (50/o) and the implementing agency where the violation was committed shall receive twenty percent (20olo). SECTION
SECTION 52' Pursuant to Resolution No. 135, Series of 2005, the City Treasurer shall provade ofricial receipts to each Barangay office in the City to be issued for violations of City Ordinances. Barangay Gptains and Barangay Treasurers shall be accountable to the City Treasurer for the ofricial receipts issued under their respective Barangay office. Each Barangay shall be directed to remit monthly all collections to the city Government. Any share of the Barangay and apprehending ofiicer to said collection shall be transmitted monthly by the City Treasurer through payroll sygrerr|.
/
t\
\-/
a
V
onontqNcE No
Series of Page
31
145
2006
of
33
APPEITIDIX D
Peoplet Law Enfor€ement Board (PLEB)/ Peace and Order Councif Polace Advasory C.ouncil/ Rescue 161
53,
SECTIOI{
People's Law and Enforcement Board (PLEB).
The PLEB shall have jurisdiction to hear and decide citizen's complaints or cases filed before it against erring officers and members of the PNP.
54,
SECTION
Peace and Order Council.
The Peace and Order Council identifies and discusses the various problems related to peace and order being raised by different sectors of society and recommends actions for the resolution of said problems.
55.
SECTION
Police Advisory Council
The Police Advisory Council acts as a consultative body for the antirrime and recommends strategies to improve the peace and order program of the PNP-Marikina.
56,
SECTION
Rescue 161
The Disaster Management office, also known as Rescue 161, was created to oversee, manage and supervise actual rescue/relief/emergency operations, and coordinate, as may be required or necessary other units or agencies during disasters, typhoons, and calamities.
APPEilDIX E Implementing Agencies
57.
SECTIOII
The following agencies are tasked to imptement this Code:
a) Philippine National Police (PNP-Marikina) b) Office of Public S,afety and Security (OPSS) c) Barangay Governments within their jurisdiction d) Bantay Bayan
(Barangay Tanods)
The abovementioned agencies shall clos€ly c@rdinate with concerned omces/agencies that shall enforce the odinance, within their area of responsiulity and jurisdiction in the implernentation of this Code, to
wit:
a) Waste Management Office b) Demolition ffice c) ffice of the City Engineer
d)
v */* l-/
Business Permit and Licensing Otrice (BPLO) ffice (CHO) Parks Development Office (PDO) Marikina Settlements Office (MSO)
e)
City Health
f)
g) h)
,l
(WMO)
Bureau of Fire Protection-Marikina
i)
Trafric Management Unit
k)
Social Welfare and Development Omce-Marikina (DSWD- Marikina) Public Market Ofrice
j) \
0\
SECnOll
58.
Powers and Functions.
For the purpose of this Code, the following are the powers and functions of the implementing agencies;
A.
PNP-Marikina
a) b)
Enforce all laws and ordinances relative to the protection of lives and properties. Maintain peace and order and take all neessary steps to ensure public safety /
I
--
ORDINANCE No 145 Series of 2006 Page 32 of 33
c)
Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws. e) Detain an arrsted person for a period in accordance with the provision of law, informing the person so detained of all his rights under the Constitution. Issue licens€s for the possession of firearms and explosives in accordance with law. g) Supervise and control the training and operations of security agencies and issue licenses to operate s€curity agencies, and to security guards and private detectives, for the practice of their pmfessions. h) Perform such other duties and exercise all other functions as may be provided by law.
d)
0
B.
OPSS:
a) b)
c) d)
Protects and provides physical security to govemrnent ofiicials, personnel, materials and properties of the City Conducts investigation on safety and security violation and other cases referred to the office from higher authorities. Collecb, conelates intelligence information and disseminates them to units concerned and serve as point of contact for coordination with other members of the community relative to Public Order and Safety.
Undertake the removal of all kinds of obstruction along sidewalks and streets that hampers the orderly flow of vehicles and safe passage of pedestrians.
C. Barangay Governments (Barangay Tanods)
a)
Implement City and Barangay ordinances, particularly, those related to the maintenance of peace and order.
D.
Bantay-Bayan:
a) b)
c) d)
Assist the duly constituted authorities in the dissemination of information on peace and order, community development. laws ordinances, and administrative issuances. Support and assist the local development councils in the identification and implementation of community development projects. Assist the city and barangay disaster coordinating councils in providing medical, traffic, safety and security services in cases of ernergency.
Assist the local officials and the PNP authorities to gather and collate information/data on
insurgency, crime, drug addiction, juvenile delinquency, vices dens, gambling and prostitution
hous$.
e)
Carry out the functions of the Security Service Team of Ligtas Bayan in tim€s of calamities. Assist the local or national ofricials and functionaries arouse civic consciousness and citizen
0
l"
q
*
g)
involvement in the development of their community. Agsist the local residents and the PNP authorities to promote
good relations
among
themselves.
h) Assist the government and the civilian populace in promoting the traditional systems of
i)
bayanihan, and inculcate in them the spirit of volunteerism. Conduct ronda in coordination with other legally organized groups doing similar neighborhood watch activity
o
APPENDIX F Final Provisions
SECTIOI{
59,
Implementing Rules and Regulations
The ofrice of the local chief executive shall formulate the Implementing Rules and Regulations (IRR) for the effective implernentation of this Code.
7
'QRDINANCENo.
Series of Page
SECTIOil
60,
33
145
2006
of
33
Separability Clause.
If for any reason or reasons, any part or provisions of this Code shall be declared to be unconstitutional or invalid, other parts or provisions, hereof, which are not affected shall continue to be in full force and effect.
SECTION
61,
Repealing Clause.
All local ordinances or parts thereof, which are inconsistent with any of the provisions of this Code, are hereby, repealed or modified accordingly. SECTION
62.
Efrectivity.
This Code shall take effect after its publication once in a newspafEr of general circulation in the locality and posting ofthe same for three (3) consecutive weeks at conspicuous places. APPROVED by the SANGGUNIANG PANLUNGSOD
of MARIKINA, this 296 day of November 2006.
I
HEREBY CERTIFY TO THE PASSAGE OF THE FOREGOING ORDINANCE, WHICH WAs DULY APPROVED BY THE 4th CITY COUNCIL OF MARIKINA DURING ITS 45fr REGULAR SESSION HELD ON NOVEMBER 29, 2006.
OLITA E. DE LEON
CERTIFIED & ATTESTED
TO BE DULY APPROVED:
--rL-) DONN Presiding
Approved on
23
B. FAVIS
JAN 2007
N S. ANDRES, M.D.
ing City Mayor