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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 />

A CERTIFIED PHOTOSTAT COPY

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