City Ordinance No. 596 - Bacolod City
City Ordinance No. 596 - Bacolod City
City Ordinance No. 596 - Bacolod City
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REPUBLIKA NG PIL1PINAS<br />
TANGGAPAN NG SANGGUNIANG PANLUNGSOD<br />
LUNGSQD NG BAKOLOD<br />
-0O0-<br />
CITY ORDINANCE NO. <strong>596</strong><br />
July 18, 2012<br />
AN ORDINANCE PROHIBITING THE INDISCRIMINATE THROWING AND<br />
DUMPING OF GARBAGE, RUBBISH OR ANY KIND OF WASTE IN OPEN OR PUBLIC<br />
PLACES AND MANDATING ALL RESIDENTIAL AND COMMERCIAL OR BUSINESS<br />
ESTABLISHMENT TO CLEAN AND MAINTAIN THE CLEANLINESS OF THEIR<br />
FRONTAGE AND SURROUNDINGS AND PROVIDING PENALTIES THEREOF.<br />
REPEALING CITY ORDINANCE NO. 173, DATED DECEMBER 12, 1996 AND CFTY<br />
ORDINANCE NO. 251 DATED MARCH 23, 2000<br />
WHEREAS, Section 458 (4) (si) of Republic Act <strong>No</strong>. 7160, otherwise known as the<br />
f_ocaf Government Code of 199 1, thai Sangguniang Panfungsod shaft enact an ordinance<br />
that prohibit activities relative to the use of land, building, and simcture within the <strong>City</strong> in<br />
order to promote the general welfare and for said purpose shall; require that building and<br />
premises thereof and any land within the <strong>City</strong> be kept and maintained in a sanitary<br />
condition; impose penalties for any viofafion thereof; or upon failure to compfy with the<br />
said requirement have the work done at the expense of the owner administration or<br />
tenant concerned;<br />
WHEREAS, Presidential Decree <strong>No</strong>. 825, Section 1, states, xxx at! citizens and<br />
residents of the Philippines, ail universities, coffege and school and other similar<br />
institutions, private, so as public, all commercial and industrial establishment, such as<br />
hoteis, restaurants, hospitals, cinema houses, public markets, department stores,<br />
groceries and the like, all public conveyances, all residential houses, and all other<br />
establishment of any kind shaft undertake the cleaning of their own surroundings, their<br />
yards and gardens, as we!! as the canals, roads or streets in their immediate premises:<br />
WHEREAS, Section 3 (i) of R. A. 7160 provides the Local Government Units shall<br />
share with the national government the responsibility in the management and<br />
maintenance of ecological balance within the territorial jurisdiction;<br />
WHEREAS, Section 458 (i) (vi) of R. A. 7160 also empowers "the Sangguniang<br />
Panfungsod to protect (he environment and impose appropriate penalties for acts which<br />
endanger the environment including such activities which result in pollution, acceleration<br />
or euthrophication of rivers and lakes an ecological embalance.
REPUBLIKA NG P1LIPINAS<br />
TANGGAPAN NG SANGGUNIANG PANLUNGSOD<br />
LUNGSOD NG BAKOLOD<br />
-0O0-<br />
CiTY ORDINANCE NO. <strong>596</strong><br />
July 18,2012<br />
AN ORDINANCE PROHIBITING THE INDISCRIMINATE THROWING AND<br />
DUMPING OF GARBAGE, RUBBISH OR ANY KIND OF WASTE IN OPEN OR PUBLIC<br />
PLACES AND MANDATING ALL RESIDENTIAL AND COMMERCIAL OR BUSINESS<br />
ESTABLISHMENT TO CLEAN AND MAINTAIN THE CLEANLINESS OF THEIR<br />
FRONTAGE AND SURROUNDINGS AND PROVIDING PENALTIES THEREOF,<br />
REPEALING CITY ORDINANCE NO. 173, DATED DECEMBER 12, 1996 AND CDTY<br />
ORDINANCE NO, 251 DATED MARCH 23, 2000<br />
WHEREAS, Section 458 (4)
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong> <strong>596</strong><br />
July 18, 2012<br />
Page 3<br />
b) Covered Public Places - includes schools, colleges, universities, museums,<br />
clinics, health centers, dispensaries, laboratories, government or private<br />
offices, auditoriums/stadium/gymnasium/session halls, churches, convention<br />
centers, theaters/movie houses/studios, bar, restaurants/cocktail<br />
lounges/canteen/kiosks, and other enclosed public eating places, dance<br />
halls/disco houses, day and night clubs, beer/pub houses, hotels, motels,<br />
department stores, markets/groceries, factories, places and other covered<br />
places where people stay or gather for political, social", education, religious,<br />
sports or entertainment purposes<br />
c) Disposal - shall refer to the discharge, deposit, dumping, spilling, leaking or<br />
placing of any solid waste info or in any land.<br />
d) Domestic Waste - are food residues, food preparation waste and spoilages,<br />
paper and other paper products, metals, plastics and rubbers, rugs and<br />
clothes, process residues, yard trimmings and woods.<br />
e) Immediate Surroundings - refers to the frontage, including up to the midspan<br />
of the road, street, aiiey or avenue (excluding highways and major<br />
thoroughfares) from the edge of the street gutter, sidewalks of residential<br />
houses, dwelling units, business/commercial establishments or offices whether<br />
private or public.<br />
f) industrial Waste - are organic and inorganic residues, hazardous materials,<br />
hazardous and toxic chemicals, metals and wood.<br />
g) Junk Vehicles and Appliances - are those abandoned vehicles and metal<br />
products such as refrigerators, air-conditioners, television, etc.<br />
h) Open Public Place - are roads, streets, sidewalks, easements, parks and other<br />
open spaces, bridges, alleys, overpasses, rivers, creeks, canals, drainage,<br />
esteros, waterways, and other bodies of wafer and outlets.<br />
i) River, Canals, Drainage and Other Waste Outlets - refers to all waterways and<br />
wafer outlets within the jurisdictional boundaries of Bacoiod <strong>City</strong><br />
/
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. 5y6<br />
Jury IS, 2012<br />
j) Solid Waste - are refuse arising from human, animal and mdustrwl<br />
that are normatly solid in nature and discarded or thrown away as<br />
and/or unwanted. They are normally classified into<br />
(biodegradable) and non-degradabie (recyeiabie/re-usabie) and<br />
into different types i.e. garbage, rubbish, junk vehicles and<br />
industrial and special waste and generated from residential,<br />
commercial (department stores, restaurant, hotels, etc.,) streets<br />
construction and demolition debris.<br />
k) Special Waste - are usually bulky wastes, sewage residues,<br />
sweepings, pollution control residues, pathological (hospiab<br />
constructions and demolition debris.<br />
I) Street and Sidewalk obstructions - mean any form of waste<br />
immovable and bulky in nature because of its size and weight<br />
obstruct or impede the free flow of traffic and pedestrian<br />
Section 4. Rights and Responsibility under this ordinance<br />
4.1 It is the moral duty of each every owner and/or tenant of any<br />
residential building to clean the area of five meters from the nearest<br />
the building of any dead animals and rodents, broken or empty<br />
or porcelain, used or empty cans canisters, cigars, cigarettes or<br />
grass, waste, or used paper, fruit peelings, plastic or plastic<br />
rubber, rags, fallen leaves, twigs or branches of trees, swift and a<br />
garbage, rubbish, trash or waste materials. With respect to n<br />
buildings enclosed with walls, or fence, the five meter distance<br />
measured from the nearest wall or fence.<br />
4.2 Each homeowner, tenant, manager or person-in-eharge of any<br />
any room or space therein shall provide a receptacle in which he aa<br />
deposit or cause to be deposited all such garbage, rubbish, trash or mm<br />
materials and which receptacle shall be maintained in sanitary condition al<br />
times by him or his representative and placed in such a location that is<br />
accessible but not obtrusive to the pedestrians.<br />
4.3 In the case of commercial or industrial buildings, the responsibility menacmed<br />
in the next preceding article shall be borne by the manager or personscharge<br />
of the entity occupying the building or space therein and the ownos<br />
of the buildings jointly if it is a juridical eniity ihe manager or persons<br />
charge thereof shall be held responsible.<br />
-
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong> <strong>596</strong><br />
Jury 18, 2012<br />
Page 5<br />
4.4 !t is the responsibility of the owner/driver of public utility vehicle plying in the<br />
<strong>City</strong> of Bacotod to install a trash/Utter receptacle with lid in a conspicuous<br />
area inside the vehicle and obliged to clean and maintain the cleanliness of<br />
their respective vehicle at all times.<br />
4.5 Responsibility of the homeowner, tenant, manager or person-in-charge to<br />
coordinate with the public services manager so that the garbage shall be<br />
collected regularly and properly disposed.<br />
4.6 All pedestrians shall also be held responsible for the maintenance of the<br />
cleanliness and orderliness sought to be achieved under this title<br />
Section 5. Prohibited Acts<br />
a) It is unlawful lo dump, throw or litter, garbage, refuse or any form of solid<br />
waste in public places and immediate surroundings, including vacant lots,<br />
rivers, canals, drainage and other water ways, as defined in Section 4, of this<br />
ordinance and to urinate, defecate and spit in public places.<br />
b) The owners/residents, lessees or occupants of residential houses/dwelling<br />
units, vacant lots, the owners, proprietors, operators/administrators or<br />
dormitories, condominiums, commercial buildings nnd offices whether private<br />
or public institutions like schools and churches are obliged to sweep<br />
everyday, clean and maintain cleanliness of their respective frontage and<br />
immediate surroundings, including the sidewalks and street gutters fronting<br />
their premises, as defined in Section 3 hereof<br />
c) It is unlawful to bring out garbage on the property line of residential and<br />
commercial establishments or any part of the road which must be stored in<br />
properly sealed plastic containers and to be brought outside only upon arrival<br />
of the authorized garbage hauling trucks in their respective localities.<br />
d) it is unlawful for any person to place, store, or dump construction wastes or<br />
debris, junked or under repair vehicles, dilapidated appliances and other<br />
immovable objects in any part of the road, street or avenue or in any<br />
sidewalk which may obstruct or impede the vehicular and pedestrian traffic<br />
e) The owners, operators, drivers and conductors of public utility vehicles plying<br />
within the <strong>City</strong> are obliged io clean and maintain the cleanliness of their<br />
respective vehicles at ail times and to provide a modest trash receptacles<br />
inside their vehicles, as provided in <strong>City</strong> <strong>Ordinance</strong> <strong>No</strong> 251 dated March 2"i<br />
2000
Ciiy <strong>Ordinance</strong> <strong>No</strong> <strong>596</strong><br />
July 18, 2012<br />
f) It is unlawful for the owners operators, proprietors of pubic<br />
trucks, tomes, tankers delivery vans, and other eemmm<br />
transportation facilities to spill, scatter or litter any kind of fo*» of<br />
defined in Section 4 hereof, or any of their roads on any part af<br />
street or avenue on their way to their destination;<br />
g) It is unlawful for any person, or group of individuals, to enter Intel<br />
or offer the services for a fee for the disposal of domestic waste to;<br />
household in a community, unless otherwise, authorized and<br />
the <strong>City</strong> of Bacoi'od or homeowners' association in private<br />
form of livelihood projects to propagate reduction, recycang mi<br />
waste.<br />
h) It is unlawful for any person/s, private and public corporations- a<br />
and promotion companies, movie producers, professionals am<br />
contractors to post, install, display any kind or form of bdboai<br />
posters, streamers, professional service advertisements and tm<br />
clutters in any part of the road, sidewalk, center island, posts. IN<br />
and open space<br />
i) It is unlawful for any person, private or group of persons or pubic a<br />
to hire a minor to dump, throw or titter garbage, refuse or any s<br />
a vacant public place or lot and immediate surroundings.<br />
Section 6, Conduct of inspection and Supervision<br />
The Department of Public Services (DPS), <strong>Bacolod</strong> <strong>City</strong> Police and tie<br />
Officials including the Basangay Police and Anti-tittering Task Force are<br />
apprehend, implement and supervise this ordinance and to conduct regular i<br />
residential, commercial" establishments from 6:30 am to 8:30 am and then from &<br />
8:30 p.m in order to ascertain and establish whether the guidelines under Seci;<br />
ordinance is strictly observed and followed. Random inspection shall be e<br />
time to time by the Anti-Littering Task Force during the period from 12:00<br />
am to deter dumping in bulk.<br />
Section 7. Penalties<br />
(a) Any person found violating Section 5, paragraph (a) (e) and A v is<br />
ordinance shafl be penalized by a fine of Five Hundred Pesos f'lWi<br />
community service of one (1) day in the Department of Public Services<br />
of the <strong>City</strong> of <strong>Bacolod</strong>.
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. <strong>596</strong><br />
July 13. 2012<br />
Page 7<br />
(b) For violators of paragraphs (ta) (d) (g) (h) and (i) of Section 5 the owner,<br />
proprietor, administrator, operator, manager of any business establishment<br />
as the case may be shall be penalized by a fine of Two Thousand Five<br />
Hundred Pesos (P2,500.0G), or community service for five (5) days in the<br />
Department of Public Services (DPS) of the <strong>City</strong> of <strong>Bacolod</strong>.<br />
Section 8, Special Provisions<br />
(a) For illegally dumping of bulky waste, factory/construction debris and other<br />
simitar nature thai requires hauling, the violator shaft be fiabie to pay an<br />
additional hauling fee of One Hundred Pesos (PI00.00) per cubic meter in<br />
addition to the penalty provided in Section 7<br />
(b) The violator shall be required to pay a towing fee of One Thousand Five<br />
Hundred Pesos (PI,500.00) in addition to the fine provided in Section 7<br />
hereof, if the junk vehicles illegally dumped are towed by the Traffic<br />
Management Unit (7MU).<br />
Section 9, Disposition of Fines<br />
The corresponding fines to be collected shall be shared in favor of the following:<br />
(1) Seventy percent (70%) shall form part of the Genera! Fund of the <strong>City</strong> where<br />
the viofafion was committed within the jurisdiction of Bacotod <strong>City</strong>.<br />
(2) Thirty percent (30%) shall be allocated to the Barangay where the violation<br />
was committed.<br />
The collected penalty shall be turned-over to the <strong>City</strong> for proper disposition in<br />
accordance with the provision of the existing law<br />
(3) The fees to be collected under Section 3 of this ordinance for hauling of<br />
illegal dumping of bulky waste, factory/construction waste and other similar in<br />
nature that requires hauling and towing shall be paid directly to the person or<br />
agency that provides the necessary foois or equipment.<br />
A
<strong>City</strong> <strong>Ordinance</strong> Wo <strong>596</strong><br />
July 18,2012<br />
Section 10. Incorporation by way of Reference<br />
The incorporation by way of reference of aii ioca! ordinances touching<br />
littering, throwing, dumping of art waste or garbage in public or private places »:<br />
establishment of effective system of garbage disposal and ecological waste manage**<br />
in the <strong>City</strong> of <strong>Bacolod</strong> and others may continue to be enforced upon approve<br />
ordinance<br />
a. <strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. 531 (March 23, 2011) An <strong>Ordinance</strong> Prof**<br />
Littering of Plastics Papers or any Other Refuse in Plastics, Papas<br />
Waterways and Recreational Area and Providing Penalties These*<br />
Repealing <strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. 105, series of 19S2.<br />
b. <strong>City</strong> <strong>Ordinance</strong> <strong>No</strong> 250 (February 24; 2000) An <strong>Ordinance</strong> Establish**<br />
Effective System of Garbage Disposal and Ecological" Waste Management m<br />
the <strong>City</strong> of <strong>Bacolod</strong>.<br />
c. <strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. 258 (August 3, 2000) An <strong>Ordinance</strong> Establishing ami<br />
Regulating a Zero Waste Zone in the <strong>City</strong> of Bacoiod and Providing Penatfies<br />
for Violation Thereof<br />
Section 11. Automatic incorporation Clause<br />
Any ordinance touching on dumping and throwing of any rubbish and solid waste<br />
that may not have been incorporated hereunto, or which may subsequently be enacted<br />
shaij be automatically incorporated hereunto.<br />
Section 12. Separability Clause<br />
Any portion of this ordinance which may be declared unconstitutional or invalid by<br />
court shall not affect or invalidate the oiher provision of this ordinance<br />
Section 13. Repealing Clause<br />
This ordinance shall be in support of and will not in any manner repeal, amend nor<br />
modify any existing local ordinance in artfMittering in <strong>Bacolod</strong> <strong>City</strong><br />
Section 14, EfTectivfty<br />
This ordinance shall take effect fifteen days (15) after its pubfcatoi m mm<br />
newspaper of ideal circulation.
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. <strong>596</strong><br />
Julv 18, 2012<br />
ATTESTED<br />
APPROVED:<br />
HPL(/foz<br />
CARRIED BY THE VOTE OF:<br />
Affirmative:<br />
Page 9<br />
Councilors E! Cid M. Familraran, Homer Q. Bais, Archie S Baribar,<br />
Negative N one<br />
Roberto M. Roias, Cafafino T Afisbo, Em L. Ang, Drndo C<br />
Ramos, Elmer T Sy, Sonya M. Verdeflor, AS Victor A.<br />
Espino, Caesar 2. Distrito, Mona Dia G. Jardin, Keith<br />
Emmanuel L. Ramos.<br />
Absent Councilor Carlos Jose V Lopez<br />
Author Councilor Catalino T Alisbo.<br />
Passed July 18, 2012 (107th Regular Session)<br />
Comments. Passed<br />
HE! FNEGASPl<br />
Board Secretary IV<br />
OIC, Secretary to the Sanggunian<br />
July . 2012. '<br />
LEGISLATIVE SERVICED SECT!Of\<br />
JUDE /THAOOEUS A. SAY<br />
/ Vide r\r<br />
>Presi X\m Officer<br />
EVEIJO R, I EONARQ1A;<br />
<strong>City</strong> Mayor^/^C^<br />
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