Republic of the Philippines ‘TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14" Sangguniang Panlungsod 12" Regular Session Series of 2017 [AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG (PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR ‘SESSION HELD AT THE SP SESSION HALL ON MARCH 23, 2017 Honorable Ferdinand E. Nalcot - Member Temporary Presiding Officer Honorable Rema E. Burdeos - Member Honorable Derrick A. Plaza - Member Honorable Cromwell P. Nortega - Member Honorable Joseph Omar O. Andaya - Member Honorable Vincent Rizal C. Rosario - Member Honorable Ehrnest John C. Sanchez - Member Honorable John Gil S. Unay, Sr. - Member OFFICIAL BUSINES: Honorable Jose S. Aquino IL - City Vice Mayor Presiding Officer OIC - City Mayor's Office Honorable Glenn C. Carampatana - Member Honorable Cherry May G. Busa - Member ‘ABSENT: None ‘The meeting was called to order at exactly 11:25 in the morning. SP ORDINANCE NO. 5220-2017 AN ORDINANCE CREATING THE BUTUAN CITY DANGEROUS DRUGS ADMINISTRATIVE BOARD, AND FOR OTHER PURPOSES EXPLANATORY NOTE: EXPLANATORY NOTE: WHEREAS, itis the policy of the State to safeguard the integrity ofits territory and the wellbeing of is citizenry particularly the youth, from the harmful effects of dangers ddrugs on their physical and mental well-being, and to defend the sare against acts or args oe detrimental to their development and preservation. In_view of the foregoing, the City Government of Butuan needs to enhance further the efficacy of the law against dangerous drugs, it being one of today’s more serious social ills;Page two SP Ord. No. 5220-2017, cont'd WHEREAS, the Sangguniang Panlungsod shall enact ordinances for the general welfare of the City and its inhabitants intended to prevent and suppress drug-related public nuisances pursuant to Section 458 of the Local Government Code; WHEREAS, the City Goverment of Butuan may, by ordinance, create an administrative board to hear complaints regarding drug-related public nuisances pursuant to Section 52 (a) of the Implementing Rules and Regulations of Republic Act No. 9165 otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”. Be it ordained by the Honorable Sangguniang Panlungsod of Butuan City in session assembled and by authority of the same thi SECTION 1. TITLE. This Ordinance shall be known as “THE BUTUAN CITY DANGEROUS DRUGS ADMINISTRATIVE BOARD”. SECTION 2. COMPOSITION. The Butuan City Dangerous Drugs Administrative Board is hereby composed of the following: Chairman - City Mayor Vice Chairman = City Vice Mayor Members - Chairman, Committee on Public Order, Safety and Substance Abuse - PDEA Regional Director XIII - City Chief of Police - City Health Officer - City Legal Officer - City Director, DILG = City Public Information Office - President, Liga ng mga Punong Barangay = One (1) representative of || Women’s Organization (NGO) which is a member of the City Peace and Order Council The Committee on Public Order, Safety and Substance Abuse shall serve as the Secretariat of this Board. SECTION 3. POWERS AND DUTIES. The following are the powers and duties of the Board: 4) Receives complaints for the abatement of drug-related public nuisance; b) Conducts hearings in connection with the foregoing sub-section; ©) Formulates the rules governing the conduct of the said hearings or proceedings; 4) Declares the place of premises in question as drug-related public nuisance if the circumstances so warrant; fe) Abates drug-related public nuisances;si £) Undertakes systematic assessments, planning and evaluations; and consultations with the barangays, schools and other sectors; 2) Meets on a bi-monthly basis; h) Prepares and adopts internal rules to govern conduct of bi-monthly basis, and amends or revises the same from time to time, if necessary; SECTION 4. ABATEMENT OF DRUG-RELATED PUBLIC NUISANCES. Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs, or used as drug dens for pots sessions and other similar activities may be declared to be a public nuisance and such nuisance may be abated under the following procedures: a) Any employee, officer, or resident of BUTUAN CITY may file or lodge complaint before the Butuan City Dangerous Drugs Administrative Board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address; ) Within three (3) days from receipt of the complaint, a hearing shall then be conducted by the Butuan City Dangerous Drugs Administrative Board, with notice to both parties and the administrative board may consider any evidence submitted, including evidence of general reputation of the place or premises; ©) The owner/manager of the premises or place shall also be given an opportunity to present any evidence in his/her defense; 4) After hearing, the Administrative Board may declare the place or premises to be a public nuisance; and e) The hearing shall be terminated within ten days (10) days from commencement. SECTION 6. EFFECT OF THE ADMINISTRATIVE BOARD DECLARATION. If the Administrative Board declares a place or premises to be a public nuisance, it shall issue an order immediately prohibiting the conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. The City Mayor shall implement the order of the Administrative Board within fifteen (15) days from receipt thereof and shall assume full responsibility in seeing to it that the order is immediately complied with. “The order issued by the Administrative Board shall expire after one (1) year from the date of issuance, of at such an earlier time as stated in the order. The Administrative Board may bring a complaint secking a petition in court for permanent injunction against any huisance described under the Implementing Rules and Regulations of R.A. 9165 ‘The Administrative Board, upon showing that the place is no longer a public nuisance, may conduct hearing with the complainant duly notified, for the possible lifting of the order.SECTION 7. DECLARATION AND/OR ABATEMENT OF ANY NUISANCE. Without prejudice to the filing of a criminal case against the owner of a place or premises declared as drug-related public nuisance, pursuant to Section 6 of Republic Act 9165, the Sangguniang Panlungsod has the power to declare and/or abate any nuisance, as provided under Section 458 (a) (4) (i) of the Local Government Code; and any person has the right to file a complaint for such nuisance or bring it to the attention of this Board, as provided under the Civil Code on Public Nuisance. SECTION 8. APPROPRIATION. The amount necessary for the operation of the Board shall be part of the Project, Programs, and Activities of the Peace and Order and Public Safety Plan of the City, as prescribed under DILG Joint Circular 2015-01. SECTION 9. SEPARABILITY CLAUSE. Should any provision of this Ordinance be declared unconstitutional by any competent court, the remaining provisions shall remain valid and legal, and shall be in full force and effect. SECTION 10. REPEALING CLAUSE. Any existing ordinance or portion/s thereof found inconsistent hereof, shall be deemed repealed, amended and/or modified accordingly. SECTION 11. TRANSITORY PROVISION. The amount appropriated in the 2017 City Development Plan, Peace and Order and Public Safety Fund for Anti-Drug Abuse Program shall also cover expenses for the implementation of this Ordinance until such time that a regular appropriation be enacted under Section 8 hereof. SECTION 12. EFFECTIVITY. This Ordinance shall take effect ten (10) days after its approval and after the compliance of the required posting of a copy hereof in the bulletin board of the City Hall, and in two (2) other conspicuous places in the City. Unanimously Approved Date Enacted: — March 23, 2017 APPROVED: ATTESTED: Cl eas, City Government Department Head II City Secretaryage five Ord. No. 5220-2017, cont'd Authors Movant Seconders femgalas Hon. Hon. Hon, Hon. : Hon. : Hon. |. Ehrnest John C. Sanchez : Hon. : Hon. .. Ferdinand E. Naleot : Hon. : Hon. : Hon. : Hon. Vice Mayor Jose S. Aquino IT Glenn C. Carampatana Rema E. Burdeos Derrick A. Plaza . Cromuvell P. Nortega Joseph Omar O. Andaya Cherry May G. Busa John Gil S. Unay, Sr. Ehrnest John C. Sanchez John Gil S. Unay, Sr. Rema E. Burdeos