Republic of the Philippines Province of Antique Municipality of Pandan OFFICE OF THE SANGGUNIANG (AN EXCERPT FROM THE MINUTES OF THE 79™ REGULAR SESSION OF THE SANGGUNIANG BAYAN OF PANDAN, ANTIQUE CONDUCTED ON FEBRUARY 8, 2021 AT THE TEMPORARY SESSION HALL, 2/F ALICIA BUILDING, CENTRO SUR, PANDAN, ANTIQUE PRESENT: Hon. Raymund Nonato V. Gumboc Vice Mayor, Presiding Officer Hon. Patria F. Candari ‘SB Member Hon. Marissa N. Montero Hon. ‘SB Member Hon. Jeremy D. Tan SB Member Hon. Ella B. Bucoy SB Member Hon. Serafin N. Ausan ‘SB Member Hon, Maria Luisa A. Sanchez ‘SB Member Hon. Neopito R. Varon ‘SB Member Hon. Macario A. Bagac Ex: Officio Member, LIGA President Hon. Gaynor E. Briones Ex-Officio Member, SKMF President ON OFFICIAL BUSINESS; Hon. Plaridel E. Sanchez IV ‘SB Member ABSENT: NONE ORDINANCE NO. 04-2021 AN ORDINANCE CLEARING ALL ILLEGAL STRUCTURES, AND OBSTRUCTIONS IN PUBLIC ROADS AND OTHER PLACES IN THE MUNICIPALITY OF PANDAN, ANTIQUE Author and Sponsor: HON. SERAFIN N. AUSAN Member, Sangguniang Bayan WHEREAS, every Local Govemment Unit is mandated to exercise the powers expressly granted, those necessarily implied therefrom, as well as Powers necessary, appropriate and incidental of its efficient and effective govemance, and those which are essential to the promotion of general welfare (Book I, Chapter Il, Section 16 of the Local Government Code); WHEREAS, all Local Government Units are empowered to regulate traffic on all street and bridges, prohibited the putting up of encroachments or obstructions thereon, and when necessary in the interest of public welfare, authorize the removal of encroachment and illegal construction in public places, (Book il, Chapter Ill, Section 447, Paragraph §.VI of the Local Government Code); WHEREAS, DILG Memorandum Circular No. 2019-121 dated July 29, 2019 enjoined all local officials to exercise their powers essential to reclaim Public roads which are being used for Private ends and in the process, rid them of illegal structures and constructions. Municipal Ordinance No. 04-2021 Page I of & Road Clearing Ordinance of the Municipatity of Pandan, AnuqueNOW, THEREFORE, on motion by Hon. SB Member Serafin N. Ausan, duly seconded en-masse, BE IT ORDAINED, as it is hereby resolved by the Municipality of Pandan, Antique, in session duly assembled, THAT: —- SECTION 1. TITLE - This Ordinance shall be known as the “Road Clearing Ordinance of the Municipality of Pandan, Antique”. SECTION 2. SCOPE - The provision of this ordinance shall cover the clearing of all roads including all sidewalks, streets, avenues, alleys, bridges, pedestrian lane, perks and other public places within the territorial jurisdiction of the Municipality of Pandan, Antique SECTION 3. DEFINITION OF TERMS ~ For purposes of this Ordinance, the operational definition of terms is as follows: Public Roads — means all streets, roads, bridges, highways, and other thoroughfares constructed and maintained by the national government and/or any local govemment unit including the barangays, provided that any road or sidewalk not falling under this definition but which upon determination by the Municipality of Pandan is deemed vital to pedestrian access or safety, shall be considered a public road for the purposes of this Ordinance. Road Clearing — shall mean teh removal of illegal or unauthorized road obstructions along the road right-of-way, which encompasses the entire width of the road carriageway (including trevelway for motor vehicles and road shoulders) and sidewalk Road obstructions — are structures, materials or activities within the road right-of-way that impeded the free and clear passage of motor vehicles, pedestrians and/or pose danger or cause injury to motorists, pedestrians or occupants of nearby structures. These include, but not limited to: a. Vehicles parked in prohibited places as specified in Section 46 of Republic Act 4136 of the Land Transportation and Traffic Code or in sidewalks, paths, or alleys not intended for vehicular parking pursuant to Section 52 of same Republic Act; ». Vehicular terminals except in areas designated by competent authorities of the Municipality of Pandan; c. Vending sites of any kind; 4. House encroachment that obstruct the road right-of-way, protruding gates, ‘conduct of household activities, and tents, except those being temporarily used for funerals and other similar activities; e. Store encroachments and indiscriminate signages and advertisements; f. Obstructing barangay outposts, halls, markers and directories; oo g. Conduct of sports, sports facilities, and other related activities; h. Drying of rice or other crops; i. Obstructing and/or hazardous trees; Municipal Ordinance No. 04-2021 Page 2 of 4 Road Clearing Ordinance of the Municipality of Pandan, Antique7 J. Construction materials including sand, gravel, cement, steel, bars, logs and the like; k. Debris, waste materials and other junked items; and |. Other structures, materials or activities identified by the LGU as obstructions through their road inventory. SECTION 4. PROHIBITED ACTS — The following are hereby prohibited: a. Perform any act that will result to any road obstructions as defined under Section 3 of this Ordinance; b. Willingly or wittingly refused to abate or remove existing road obstructions as defined under Section 3 of this Ordinance. SECTION 8. EXEMPTIONS ~ Tiangge during fiesta and other occasions are exempted on the Condition that necessary permits have obtained. Provided, that the exempted activities shall only be for a definite period. Provided further occupants and costumers of the said tiangge will only occupy the sidewalks so it will not impeded the free flow of vehicles. SECTION 6. IMPLEMENTING STRATEGY. a. The Barangay shail regularly conduct road clearing of all public roads within its territorial jurisdiction. The Municipal police Station, Municipal Fire Station and the Municipal Disaster Risk Reduction Office shall assist the Barangays in the conduct of their regular road clearing operations. A monthly report shall be ‘submitted to the DILG not later than the last working day of the month. b. Any permanent roofs, or coverings either detached by the violator from the buildings existing on any public roads shall be removed. ©. All road obstructions along public roads are hereby declared nuisance per se and as such are subject to summary statement without a need of judicial proceedings. d. Obstructing and/or hazardous trees may be pruned in accordance with rules imposed by the DENR ®. The Municipal Mayor is hereby authorized to donate the confiscated items to the PNP, BFP, MSWDO, BJMP and other institution. SECTION 7. PENALTIES — Any violation of this ordinance shail be penalized as follows: a. Any road obstructions as defined in this ordinance shall be summarily abated, dismantled, confiscated, forfeited and disposed. b. Any person whether natural or juridical found violating any provision/s of this ordinance and/or its implementing rules and regulations shall be imposed with a fine which shall accrue to the local treasury as follows: Municipal Ordinance No. 04-2021 Page 3 of 4 Road Clearing Ordinance of the Municipality of Pandan, AntiqueFirst Offense: Written warning Second Offense: Confiscation of items. The confiscated items shall be donated to PNP, BFP, MSWDO, BJMP and other institutions upon discretion of the Municipal Mayor. Third Offense: Php1,000.00 and confiscation of items. SECTION 8. INFORMATION CAMPAIGN AND DISSEMINATION ~ Information campaign and dissemination of the Ordinance shall be done through the local community radio, DYNC 88.5 fm, Pandan, Antique. SECTION 9, IMPLEMENTING RULES AND REGULATIONS — The Office of the Municipal Mayor in consultation with the DILG, PNP, BFP, Barangay Officials and Municipal Treasurer shall promulgate the rules and regulations to carry out the provisions of this Ordinance within ‘sixty (60) days from its effectivity. SECTION 10. SEPARABILITY/REPEALING CLAUSE - If any provision of this Ordinance is held invalid or unconstitutional, other provisions not affected shall continue to be in full force and effect. All previous ordinances, rules, regulations, executive orders or memoranda are hereby superseded, amended and modified. SECTION 11. EFFECTIVITY — This Ordinance shall take effect upon approval and compliance with the mandatory posting and/or publication requirement prescribe under RA 7160 otherwise known as the Local Government Code UNANIMOUSLY ADOPTED. CERTIFIED CORRECT: SIMEONA D. LOMUGDANG SB Secretary ATTESTED: RAYMUND NONATO V. GUMBOC Vice Mayor Presiding Officer Date Submittea:_1 0 FEB 2021 APPROVED: PLARIDEL E. SANCHEZ VI Date Approved: _15 FEB 2021 Municipal Mayor Seeger Date Releases:_15 F26 Al Municipal Ordinance No. 04-2021 Page dof ‘Road Clearing Ordinance of the Municipatity of Pandan, Antique