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MUNICIPAL ORDINANCE NO. 74, S. 1994; “AN ORDINANCE REGULATING THE CUTTING, FELLING, DESTRUCTION OR OTHERWISE DELIBERATELY KILLING OF COCONUT TREES, AS WELL AS THE PROCESSING OR CONVERSION THEREOF INTO LUMBER, LOGS, OR ANY END OR USER PRODUCT, INCLUDING ITS SALES, TRANSPORTATION, TRANSSHIPMENT, OR TRANSFER WITHIN AND IN EXIT FROM THE PROVINCE OF AKLAN.”

WHEREAS, the Sangguniang Bayan is empowered to enact ordinances aims to protect the inhabitants of the Municipality from the harmful effect of man-made disasters and calamities under paragraph (1)-(iv) and to protect the environment and impose appropriate penalties for acts which endanger the environment under paragraph (1)-(vi), both of Section 468 of Republic Act No. 7160, otherwise known as the “Local Government Code of 1991’; WHEREAS, the attention of this body has been called to the alarming rate of cutting, felling, and other forms of destruction of coconut trees for use as lumber or wood substitute; WHEREAS, this body is of unanimous view that the continued and indiscriminate cutting, felling or destruction of coconut trees, will not only adversely affect the economy of the province as a primary coconut producing area but may cause havoc to the environment and ecology being among the most abundant of trees in this jurisdiction and consequently may result in man-made disasters or calamities such as floods, massive erosion, and dislocation of existing water ways; N O W, T H E R E F O R E BE IT ORDAINED as it is hereby ordained, to prohibit all cutting, felling, destruction, or otherwise deliberately killing of coconut trees as well as their processing or conversion into lumber, logs, or any end or user product, including the sale, transportation, transshipment, or transfer thereof within and in exit from the province of Aklan, without a Mayor’s Permit duly issued for the purpose by the municipal of the Municipality from where the tree has been cut, felled, destroyed or killed subject to conditions herein after provided: SECTION 1. – When cutting, felling, and/or destruction of coconut trees may be allowed. Under no circumstances shall a Mayor’s Permit for the cutting, felling, destruction or killing of coconut trees be issued unless it has been determined: 1) The coconut trees are senile. For the purpose of this ordinance, a coconut tree is deemed senile if it is more than 60 years old as determined by a duly authorized representative of the Philippine Coconut Authority (PCA); It has become unproductive or its productive capacity has fallen to less than 50% of the average yield of other coconut trees in the area; The coconut trees that has been damaged by lightning, typhoons, droughts, or other such natural calamities, or by pests, insects, and plant diseases, as long as the damaged was caused without the intervention of man; The coconut trees need to be cut by reason of some government or public service project such as right of way for roads, power and communication lines, canals, water systems, and the like as well as for school buildings, barangay centers, multi-purpose pavements, and such similar constructions; The coconut trees need to be cut in order to give way to private buildings, construction or improvements on the real property, or in order to convert the premises to use other than agricultural, provided that such buildings, constructions, or improvements are installed and the conversion effected within one (1) year of the cutting, otherwise, a permit issued for this reason shall be considered to have been obtained through fraud or misrepresentation and shall be deemed a transgression of this ordinance;

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– Requirements for the Issuance of a Mayor’s Permit.6) The trees are to be cut to give way to replanting or replacement with at least a similar number of coconut trees. duly seconded by all the members of this body. duly subscribed and sworn to before a person authorized to administer oaths and failure to replace the coconut trees within the time provided shall be considered a violation of this ordinance. processed. 2000–125. – Appropriation. SECTION 4. Aklan. – Penalty Clause. transshipment. b) A certification from the Barangay Captain of barangay where the trees are located or from a duly authorized representative of the Philippine Coconut Authority (PCA) that the tree is to be cut. destruction or deliberate killing of coconut trees the applicant shall submita) A copy of the Tax Declaration of the real property from where the tree is to be cut. or both. the written undertaking as required under Par. earthquakes. hereby pass and adopt this ordinance this 19th day of September 1994 at Malay. logs or any end or user product and the sale. shall appropriate such funds as may be necessary for the publication and proper implementation of this ordinance. In accordance with Par. destroyed. in all possible media outlets in the province. (i)-(iv) of Section 468 of Republic Act No. felled. felling. 1 hereof. in session assembled. destroyed or killed in accordance with the provisions of Section 1 hereof stating the particular circumstance (Pars. “AN ORDINANCE PROHIBITING WILDLIFE HUNTING IN BORACAY ISLAND AND THE ENTIRE MUNICIPALITY OF MALAY. and the recidivism of the offender. be executed by the land owner. – Effectivity. destroyed or otherwise killed. The coconut trees pose a danger to persons or property by an evident possibility to toppling over from strong winds. SECTION 3. 1). a certification from the duly authorized representative of the Philippine Coconut Authority of the condition of the tree or trees. Sec. upon motion of Hon. SECTION 5. 2) For the processing or conversion into lumber. Sec. sold. the penalty depending on the number or volume of the trees cut. 1994. transfer of the coconut trees. The Sangguniang Bayan of Malay. Aklan. felled. felled or destroyed. I. b) MUNICIPAL ORDINANCE NO. erosion or water.” . 7) SECTION 2. subject to the application. converted. provided that a written undertaking to pursue such a project six (6) months from the cutting. This ordinance shall take effect upon the publication thereof once a week for three (3) consecutive weeks in at least three (3) newspapers of general circulation within the Province of Aklan. APPROVED ON SEPTEMBER 19. c) In the case of senile trees (par. including the widest dissemination of the information relative thereto. AKLAN.00) or imprisonment of not less than five (5) days but not more than thirty (30) days. landslides and such like causes without the intervention or man. killed. Philippines. 7160 (The Local Government Code of 1991). 1 to 6) under which the tree/s is/are to be cut. the applicant must submit the Mayor’s Permit for the cutting of every tree or the collective parts thereof. the Sangguniang Bayan of Malay. at the discretion of the court. 5. transportation. Bautista. by another ordinance. WHEREFORE. The Mayor’s Permit as required by this ordinance shall be issued only upon submission of certain requirements as follows: 1) For the cutting. any violation of this ordinance shall be punishable by a fine of not less than FIVE HUNDRED PESOS (P500. transported or transferred. felled. Frolibar S.000. d) In the case of replanting or replacement.00) and not more than FIVE THOUSAND PESOS (P5.

preserve and nurture its environment. monkeys. JANUARY 13. with permits from the local government of Malay will be allowed to catch or collect these species for study and preservation purposes. lizards. shall have the following meanings: . lizards and others in our tourist village in Boracay and the mainland as they are considered tourists attractions and form part of the preservation and protection of the environment. the Sangguniang Bayan of Malay. 144. Municipality is strictly prohibited. “AN ORDINANCE DECLARING BORACAY ISLAND AS A NOISE SENSITIVE ZONE AND ADOPTING THE RULES AND REGULATIONS OF THE NATIONAL POLLUTION CONTROL COMMISSION PERTAINING TO NOISE.00) for each animal caught aside from the confiscation of the whole catch.DEFINITIONS: “Wildlife “ as defined in this ordinance include wild species of animals commonly found in some forested places in Boracay which according to old folks are natives in the area. – Coverage. terrestrial crustaceans. D. Aklan in session assembled hereby ordained that. commonly found in some areas in the island and the entire Municipality. fox. crocodiles/alligators. ADDENDUM: SECTION 6. This ordinance supplements other basic laws on the protection and preservation of our wildlife species. monkeys. – Supplementary Clause. Salaver) SECTION 1. – Definitions. 2000-65) c) MUNICIPAL ORDINANCE NO. chickens. (APPROVED SP IN RESOLUTION NO. A. eagle cahaw. This ordinance shall take effect after proper publication and dissemination has been conducted in Boracay and the entire Municipality. Wildlife hunting in Boracay Island and the entire SECTION 2. SECTION 3. Aklan. The following words and phrases when used in this Ordinance. It is hereby declared the duty of this Local Government Unit to protect.” (Sponsor: Hon. S. – Effectivity. SECTION 4. Unauthorized persons caught hunting or selling these species will be penalized TWO HUNDRED PESOS (P200. pigs. WHEREAS. unless the context clearly indicates otherwise. promote general welfare among its constituents and to provide necessary measures towards sustainable tourism industry. SECTION 5. WHEREAS. NOVEMBER 25. – Prohibiting Acts. That by maintaining peaceful and tranquil environment in Boracay would be beneficial to all living things that thrive on the Island. ENACTED. NOW THEREFORE. 2001. – Penalty. cats. Other sections and provisions remain unaltered in force and effect. 2000. etc: cats. SECTION 1. SECTION 2. there is a need to preserve our wildlife species like birds. This ordinance is extended to the entire Municipality of Malay. be it ordained that Boracay Island be declared as a Noise Sensitive Zone and that this Local Government Unit shall adopt the rules and regulations formulated by the National Pollution Control Commission in order to maintain such. Also. – Only authorized persons. the title of this ordinance is hereby modified to include the entire Municipality. This includes birds like parrots. APPROVED. 1999. these wildlife species are vanishing in our forest as a result of careless hunter’s joy for hunting and in order to save these endangered wildlife species in our area. – Declaration of Principles.

fan or blower. and when operated. which draws in air or gas. concrete or hard ground. assembling. pile driver. “Weighting Network” means the frequency response of a sound level meter. an amplifier. other than an emergency signal device. roads. crane steam or electric hoist. utility line including such in line grading. necessary or incidental to the aeration. premises. an output meter. etc. actually does emit a sound signal.g. pump. (f) “Construction” means any or all activity except tunneling. any air conditioner. (i) “Claxon” means any manually. pneumatic hammer. (o) “Noise” means an erratic intermittent. altering. but not limited to. bulldozer. including but not limited to a motor vehicle horn which is intended to. being usually composed of sounds from sources near and far.(a) “Level “ means the total sound level of all noise as measured with a sound level meter using “A” weighting network. (m) “Dwelling” means any building or structure occupied in whole or in part either as the temporary or permanent residence of one or more natural persons. The unit of measurement is the Decibel “A”. steam shovel. but not limited to. a series of chambers of baffles for the purpose of transmitting gases while reducing sound levels. and frequency weighing networks for the measurement of noise and sound level. public or private highways. subbase macadam. including. (c) “Air Compressor” means a device. (n) “Muffler” means an apparatus generally consisting of. elastic. which circulates a gas or fluid. detects. which is generally the minimum the human ear can sense. controls. (q) “Sound Level Meter” means any instrument including a microphone. (p) “Sound” means an oscillation in pressure. cooling water. with the reference pressure taken as 0. demolition. (h) “Circulation Device” means any device. disregards the low frequency. any air compressor. viscous) of the superposition of such propagated oscillation. for example. . gravel. which evokes an auditory sensation. (e) “Apparatus” means any mechanism. or any unwanted sound. stress particle displacement. but not limited to. The “A” network. which prevent. the purpose of which is to provide a means of compensating for variation in the response of the human ear to frequency and intensity. (j) “Paving Breaker” means any powered construction device intended to cut a trench pavement. (g) “Construction Device” means any device designed and intended for use in construction. which is intended to produce or which actually produces sound when operated or handled. derrick. (k) “Decibels” is a measure of sound level and is equal to 10 times the logarithm of the square of a measured Sound Pressure Level (SPL) divided by a reference sound pressure. or statistically random oscillation. including. in a medium whose internal forces (e. particle velocity. measures or records the production of sound.0002 microbar. parks. The sound pressure is given in microbar.Decibel “A” (dBA) is the measure of the total sound level when using the “A” level network. mechanically or electrically powered device. (b) “Activity” means any or combination of sounds. (d) “Ambient Noise” means the all-encompassing noise associated with a given environment. (l) “Device” means any mechanism. installing or equipping of buildings. compresses it and delivers it at high pressure. manual tool. excavating and filing.

In the event of failure or breakdown of any emission source. SECTION 3. whistle. phonograph or sound amplifying system. as determined by the commission. or rebuild an existing source. phonographs. is permitted. Neither shall he emit or cause or suffer to be emitted noise – greater in volume. gong. peace or safety of a person. No person shall operate or use or cause to operate any sound reproduction device for any of the following purposes: (1) To attract attention to any performance. – Prohibited Acts. the person in charge of such source. or any air horn or any similar device the use of which by authorized emergency vehicles. siren. of the ration of the pressure. television receiver. (b) Noise Level Violations. The following shall constitute as prohibited acts punishable under this Ordinance. No person shall build. (x) “Sound Source” means any activity or device as herein defined. air horn. but not limited to any musical instrument. any claxon. tape recorder. or which will. (y) “Unnecessary Noise” means any excessive or unusually loud sound. park or place. The best available and practicable technology shall be used to control noise emissions. (v) “Emergency Signal Device” means any gong. or from any airplane or other device used for flying. (t) “Sound Signal” means any sound produced by a sound signal device to transmit information. modify. (u) “Sound Signal Device” means a device designed to produce a sound signal when operated. and thereafter to submit a report whether such source equipment or facility has resumed operation. indicating all pertinent facts and other relevant information including the estimated duration of breakdown. or operate. (c) Malfunction Reporting. or any by any other means cause or undertake any activity. injures. show. install. erect. The following shall be the general requirements and restrictions on noise level: (a) Best Practicable Technology. in front or outside of any business building. – General Requirements and Restrictions. or any sound. SECTION 4. noise pollution control equipment or related facility in such a manner as to cause the emission of noise level violation of this Ordinance. if any. or implant any new source. or on . (w) “Emergency” means a public calamity or an exposure of any person or property to imminent danger. siren. or in or upon any vehicle operated. abutting or on adjacent to a public street. which. or quality than the levels prescribed for allowable noise without first obtaining a Clearance from the Local Government Unit. the steps taken. bell. tape recorders. intensity. Any person who shall do any such activity shall be liable under this Ordinance. disturbs. either annoys. repose. or which causes injury to plant or animal life. whistle. including. standing or being in or on any public street. place or premises. in decibels means sound level that is 20 times the logarithm to the base 10. or damage to property or business. health. radio receiver. but not an emergency signal device. result in ambient noise level greater than the ambient standards. (a) Operation or Sound Reproduction Devices.(r) “Sound Pressure Level” (SPL). which would result in the emission of noise. (s) “Sound Reproduction Device” means any device intended primarily for the production or reproduction of sound including. but not limited to. phonograph records or tapes. television sets. construct. equipment or facility shall notify the Local Government Unit in writing 24 hours of such failures or breakdown. park or place from any stand. display or merchandise in connection with any commercial or business enterprise including those engaged in the sale of radios. endangers the comfort. 2 x 10-4 microbar. platform or other structure. sale. to correct the defects.

areas within the Island are classified as follows: Class A – a section or contiguous area. welding shops and the likes shall be relocated to areas designated by the zone plan). internal combustion engine. Class B – a section of contiguous area.  Construction of building or establishment inside the resort area shall only be allowed from 8:00 A. Hospitals. For purposes of establishing ambient noise quality standards. Likewise concrete mixers.M.  (d) Handling Containers and Construction Materials. edgers. which is primarily used for residential purposes. No person shall cause or permit the creation of any unnecessary noise through the use of any device on any street adjacent to any hospital. school. resort or hotels. Resorts or Hotels.M. under his control to cause unnecessary noise. Otherwise they shall be required to limit their sound within the context of this Ordinance. (c) Construction and Commercial Activities. except when the noise is a result of the operation or use of any claxon or air horn installed in a motor vehicle to signal imminent danger.M. (a) To create unnecessary noise. Class D – a section primarily reserved for light industrial area. parks or places. otherwise they may start working any time.M. – Ambient Noise Quality Standard. (Existing light industrial activities such as metal craft. nursery schools. while on road or ferry or any other public conveyance. No person shall cause or permit the discharge into the open air of the exhaust of any steam engine diesel engine. (e) Exhaust Noise. or the public for streets. transport or cause to handle or transport in any public place. audible to another person. which requires quietness such as areas within 100 meters from school sites. (b) Animal Noise. . to 9:00 P. No person shall engage in or permit any person to be engaged in construction and commercial activities where excessive noise is created. up to 10:00 P. steel cutters. No person shall handle. preventing danger to human life. SECTION 5. except when such activities are for the purpose of averting disasters or other emergencies. (f) Noise Emission near Schools. (a) Classification of General Areas. No person shall permit an animal or pet. up to 9:00 P. turbine engine or similar device so as to create in excess of 90 dB measured on acceleration at 10 meters distance. except the incidental sound for which a permit has been issued. (2) To make noise emanating from the sound reproduction device.M. or of any steam whistle attached to any stationary boiler to give notice of the time to start and stop work or to signal imminent danger. during the high season for tourists. any container or construction material in such a way as to create unnecessary noise. Further they can only be allowed to operate these sets of equipment from 9:00 A. Bar and disco houses.boat. sander. which is primarily a commercial area. The use of loud noise producing devices such as planers. including birds.M. chainsaw and sawmills are required to enclose their working area so as to reduce the level of noise they produce. which provides loud music for their operations shall be required to operate within an enclosed area. Class C – a section or contiguous area. hospitals. resorts or hotels. jackhammers and other heavy equipment shall only be allowed to operate from 9:00 A. safeguarding public safety or protecting national interest and similar incidents.

DECEMBER 12.4-1971. to 10:00 P.M.. OCTOBER 10. SECTION 6....M.. to 5:00 P. 2001... Nighttime .. SERIES OF 2001.. (a) Noise level.. (3) Here the indicator of a sound level meter records irregular and big fluctuation.. S... (b) The method of measurement of noise shall be as follows: (1) The figure indicated by a sound level meter where its indicator shows no fluctuations or any small fluctuations. shall be measured by a standard sound level meter.. or other specifications accepted by the Local Government Unit..M... AN ORDINANCE DECLARING BORACAY ISLAND AS A NOISE SENSITIVE ZONE AND ADOPTING THE RULES AND REGULATIONS OF THE NATIONAL POLLUTION CONTROL COMMISSION PERTAINING TO NOISE. the noise level shall be measured at the boundary line of the establishment.. – Penalty... 02-092) d) MUNICIPAL ORDINANCE NO... 144. (APPROVED SP IN RESOLUTION NO. (2) Where the indicator of a sound level meter records periodic or intermittent fluctuations with the highest peak almost regular.M.. Evening .. or at 30 meters from the boundary of a construction site..... to 10:00 P..500.. SECTION 7..M. the figure on the higher end of the 90 percent range of the levels is recorded. Daytime .. APPROVED.M.5:00 A... Environmental Quality Standards for Noise in General Areas: Category of Area A B C D Daytime & Evening Morning Nighttime 40 db 45 db 55 db 50 db 45 db 55 db 50 db 60 db 60 db Can only be allowed to operate at daytime only at 70 db (1) The standards are applied to the arithmetic median of at least seven (7) readings at the point of maximum noise level.(b) The maximum allowable noise levels in general areas shall be those as indicated in Table 1. ENACTED. 234. 2005.M. Any person found guilty of violating this Ordinance shall be fined with TWO THOUSAND FIVE HUNDRED PESOS (P2..6:00 P... (2) The division of the 24 hour period shall be as follows: Morning ... The weighting network with “A” characteristic shall be used for measurement. 2001...M..10:00 P...8:00 A... that meets the specifications of the American National Standards Institute (ANSI) S1. (c) For point of fixed sources of pollution. the average of the highest peak for respective fluctuations is recorded. PARAGRAPH B(2) OF MUNICIPAL ORDINANCE NO.00) plus confiscation of such equipment or any noise producing device or an imprisonment of not less than ten (10) days or both fine at the discretion of the Court. .. “AN ORDINANCE AMENDING SECTION 5. to 9:00 A. – Measurement of Noise Level.

2004..M.. “AN ORDINANCE PROVIDING ADDITIONAL REGULATORY FEES FOR CORRESPONDING SERVICES RENDERED BY THE MUNICIPAL CIVIL REGISTRAR’S OFFICE.. 2004. Paragraph b(2) of Municipal Ordinance No... APPROVED.M... to 10:00 P. SEPTEMBER 8.. DECEMBER 8. SECTION 4. 10:00 P. Paragraph b(2) of Municipal Ordinance No..5:00 A.. Effectivity. corresponding fees: a) b) c) The following transactions shall be charged with the d) e) f) Legal Documentation Fee ..... to 5:00 P. 218.M. as provided by Section 5. NOVEMBER 24....... “AN ORDINANCE RETAINING TEN PERCENT (10%) OF THE FIRE FUND FEE FOR THE OPERATION AND MAINTENANCE OF FIRE FIGHTING FACILITIES IN THE MUNICIPALITY OF MALAY.. the provisions of this ordinance are hereby repealed..2.” . In years thereof.. – Effectivity. s.. New transactions with the Municipal Civil Registrar have evolved in recent hence additional services are rendered by the said office. hence this amendment. s. 2005..50. APPROVED. ENACTED..Daytime . 2005.M. 04-275 f) MUNICIPAL ORDINANCE NO.... series of 2001 is hereby amended to read as follows: “2) The division of the 24 hour period shall be as follows: Morning . – Integration with the Municipal Revenue Code...00 Affidavit Fee ...100. or contrary to..5. 2004..1. to 10:00 P... Night time schedule. 144. SECTION 3... to 9:00 A.M... is erroneous. or parts thereof. This ordinance shall take effect immediately upon its approval. – Amendment... provisions of which are in conflict with. These new transactions and their corresponding fees.. to 5:00 A. 216.00 per year delay SECTION 3. 6:00 P.000. amended..00 Penalty for Delayed registration . – Rationale. from 10:00 P. SP RESOLUTION NO.. OCTOBER 13. rules and regulations. APPROVED... e) MUNICIPAL ORDINANCE NO.... ENACTED..00 Special Wedding Fees 1) Beach Wedding ..” Section 1.250... or modified accordingly. shall form part of the Municipal Revenue Code of Malay. 144. 8:00 A.. – Rationale.M.. upon passage of this ordinance.500.. All ordinances..... – Amendments.Nighttime....M.....SECTION 1... SECTION 5... this ordinance is promulgated to impose corresponding service fees thereto.00 Research Fee . SECTION 2....00 Application for Marriage for Foreigners ...M. 2004.. Section 5.00 plus 5. This Ordinance shall take effect upon its approval.. – New Service Fees..M.200.. SECTION 2.00 2) Wedding in Resorts .Evening ..M. series of 2001.000.

2004. the Sangguniang Bayan of Malay promulgates this piece of legislation. . – Ten Percent (10%) Retention. – Rationale. SECTION 3. Ten percent (10%) of the total Fire Fund Fee collected by the Local Government of Malay shall be retained by the Office of the Municipal Treasurer of Malay before remittance to the Bureau of Fire Protection be made.SECTION 1. SECTION 2.Date of Effectivity. This Ordinance shall take effect upon its approval. NOVEMBER 24. – Fund Management. Fire Fund Fee. ENACTED. APPROVED. OCTOBER 13. . 2004. Aklan. Malay. With the intention of securing funds to institutionalize this subsidy. The amount collected by reason of this ordinance shall be deposited in a trust fund created specifically for purpose of providing financial subsidy to the operation and maintenance of fire fighting facilities of the Bureau of Fire Protection within the territorial jurisdiction of Malay. SECTION 4. The Local Government of Malay is presently subsidizing the operation and maintenance of Fire Fighting facilities of the Bureau of Fire Protection based at Boracay Island.

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