Republica de Filipinas

Ciudad de Zamboanga
OFICINA DEL ALCALDE sine

Pili W.0:
| Raceived By:
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January 5, 2023 ware.
THE HONORABLE PRESIDING OFFICER AND MEMBERS
Sangguniang Panlungsod
RT Lim Blvd., Zamboanga City

Gentlemen and Mesdames:

We respectfully transmit the 1S" Indorsement dated January 5, 2023 of Atty. Haydee Gretchen
G. Panganiban, City Legal Officer, the duly reviewed TWO (2) PROPOSED ORDINANCE
initiated and drafted by the Office of the City Administrator entitled:

1. “An Ordinance Amending Section 6 and 7, Article XII Ordinance No. 248 Series of
2002 entitled “The Revised Traffic Code For Zamboanga City” as amended by
Ordinance 448 and incorporating Section 12- Use of Wheel Clamps to immobilize
illegally parked vehicles and 14-Officers authorized to remove illegally stopped
vehicles, and for other related purposes” and
2. “An ordinance regulating the Use of the Sidewalks in the City of Zamboanga and
providing penalty therefor. (Codify Ordinance No. 240,197 and Added Item)”.

Anent thereto, it is respectfully requested for the August Body to take appropriate action on the
said proposed Ordinance.

Thank you.

Sincerely,

JOHN M. DALIPEN
City Mayor

9 CITY HALL, N.S. VALDERROSA STREET, ZAMBOANGA CITY. 7000, PHILIPPINES

@& www.zamboangacity.gov.ph @3 E-mail ad: zambocitygovt@gmail.com Progresoy Desarollo
& Tel Nos. (062) 991.2205 / (062) 901.6703 —d Telefax Nos. (062) 992.0420 / (062) 991.1889 Servicio Sincero
 Republica de Filipinas
Ciudad de Zamboanga :
OFICINA DEL SERVICIO LEGAL

See ; OFFICE OF
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1** Indorsement
January 05, 2023

Respectfully referred and transmitted to the Honorable Presiding Officer

and Members of the Sangguniang Panlungsod, through the Honorable City
Mayor, this City, two (2) PROPOSED ORDINANCE initiated and drafted by the
Office of the City Administrator entitled:

1. “AN ORDINANCE AMENDING SECTION 6 AND 7, ARTICLE XII

ORDINANCE NO. 248 SERIES OF 2002 ENTITLED THE REVISED
TRAFFIC CODE FOR ZAMBOANGA CITY’ AS AMENDED BY ORDINANCE
448 AND INCORPORATING SECTION 12 — USE OF WHEEL CLAMPS TO
IMMOBILIZE ILLEGALLY PARKED VEHICLES AND 14 — OFFICERS
AUTHORIZED TO REMOVE ILLEGALLY STOPPED VEHICLES, AND FOR
OTHER RELATED PURPOSES”; AND

2. “AN ORDINANCE REGULATING THE USE OF SIDEWALKS IN THE CITY

OF ZAMBOANGA AND PROVIDING PENALTY THEREFOR. (CODIFY
ORDINANCE NO. 240, 197 AND ADDED ITEM)”.

Thus, it is most respectfully requested of the August Body to take

appropriate action on the said proposed ordinance

Very truly yours,

City Government of Zamboanga

ocument Tracking System

I
| Atty. HAYDEE G G. PANGANIBAN+
City Legal Officer
€012300000167

g CITY HALL. N.S. VALDERROSA ST, ZONE IV, ZAMBOANGA CITY, 7000, PHILIPPINES
& www.zamboangacily.gov.ph 6 E-mail ad: zecitylegalagmail.com Progreso y Desarollo
& Tel Nos. (062) 991.7294 Servicio Sincero
 Republica de Filipinas
Ciudad de Zamboanga
OFICINA DEL ADMINISTRADOR

d WMA S

MEMORANDUM ORDER FICE OF THE ciry MAYOR |

No.1014Series 2022 wave E
E| (a, a Bi ‘ we i ES

SATE us tee? ah ?
DATE : December 29, 2022 = Qe wie 9-9 -
TO : Atty. Haydee Gretchen G. Panganiban “on Fr 8s ee id
City Legal Officer

THRU : John M. Dalipe

City Mayor
All of this city er nent of tae

a
RE
+a
: Proposed Ordinances
AU MLN
We are referring you herein two proposed ordinances entitled “AN ORDINANCE AMENDING
SECTION 6 and 7, ARTICLE XII OF ORDINANCE NO. 248 SERIES OF 2002 ENTITLED “THE
REVISED TRAFFIC CODE FOR ZAMBOANGA CITY” AS AMENDED BY ORDINANCE 448
AND INCORPORATING SECTION 13 - USE OF WHEEL CLAMPS TO IMMOBILIZE
ILLEGALLY PARKED VEHICLES AND 14 - OFFICERS AUTHORIZED TO REMOVE
ILLEGALLY STOPPED VEHICLES, AND FOR OTHER RELATED PURPOSES” and “AN
ORDINANCE REGULATING THE USE OF SIDEWALKS IN THE CITY OF ZAMBOANGA
AND PROVIDING PENALTY THEREFOR. (Codify ordinance No. 240, 197 and added item)”.

This office recommends that these proposed ordinances be certified as urgent for its approval to serve as
a deterrent to would be violators considering this Office in coordination with other departments and
agencies will be enforcing fully the Department of Interior and Local Government (DILG) Memorandum
Circular on Road Clearing in the New Normal next year. In addition it will also give teeth and clothe our
enforcers on the ground in the performance of their mandates.

In this regard may we request for your assistance and review of same and endorsement to the Sangguniang
Panlungsod of Zamboanga City for approval. Thank you.

Mario B. ml CEO VI

°] CITY HALL, N.S. VALDERROSA ST., ZONE IV, ZAMBOANGA CITY, 7000, PHILIPPINES
& www.zamboangacity.qov.ph @ &-mail act: zc acimofiicea gmail.com Progreso y Desarollo
& Tel Nos. (062) 991.1630 / (062) 991.4985 Servicio Sincero
 Republic of the Philippines
SANGGUNIANG PANGLUNSOD
City of Zamboanga

PROPOSED ORDINANCE NO.

AN ORDINANCE AMENDING SECTION 6 and 7, ARTICLE XII OF ORDINANCE

NO. 248 SERIES OF 2002 ENTITLED “THE REVISED TRAFFIC CODE FOR
ZAMBOANGA CITY” AS AMENDED BY ORDINANCE 448 AND
INCORPORATING SECTION 13 - USE OF WHEEL CLAMPS TO IMMOBILIZE
ILLEGALLY PARKED VEHICLES AND 14 - QFFICERS AUTHORIZED TO
REMOVE ILLEGALLY STOPPED VEHICLES, AND FOR OTHER RELATED
PURPOSES

EXPLANATORY NOTE

WHEREAS, on December 10, 2002, the Sangguniang Panlungsod of Zamboanga

City enacted Ordinance 248, otherwise known as the “Revised Traffic Code for
Zamboanga City”;

WHEREAS, on August 15, 2018, the Sangguniang Panlungsod of Zamboanga

City enacted Ordinance 448, entitled “An Ordinance Amending Section 6 of Ordinance
248, Series of 2002, entitled, “The Revised Traffic Code for Zamboanga City”;

WHEREAS, there is a sharp increase in traffic violators in the city. The

administrative fines is low compared to that of the fines imposed by the Land
Transportation Office. To further thwart the increasing number of violators and to attune
to the times in order to strengthen the cffcectivencss in the cnforcement of the provisions of
Ordinance 248 as amended;

NOW THEREFORE, be it ordained by the Sangguniang Panlungsod of Zamboanga,

that:

SECTION 1. Section 6, Articie XII of Ordinance No. 248, series 2002, otherwise
known as “The Revised Traffic Code for Zamboanga City as amended by Section 1 of
Ordinance 448, is hereby further amended to read as follows:

x x x

“SECTION 6 - ADMINISTRATIVE FINE.- In case the apprehended motorist

opted not to be criminally prosecuted in Court, he/she may pay an
administrative fine of One Thousand (P1,000.00) Pesos for the first
offense, One Thousand
Two Hundred Fi 1,250.00) Pesos for the second
offense and One Thousand Five Hundred (P1,500.00) Pesos for the third and
succeeding offenses payable at the Office of the City Treasurer within a
period of three (3) days from the apprehension, and upon the presentation
of the receipt of payment to the Chief of the Traffic Division, Zamboanga
City Police Office, the case against the apprehended motorists
immediately be dropped and his/her driver's license immediately be returned.
Should the apprehended motorist fail to pay the administrative fine/s after
three (3) days, the Office of the City Administrator shall_officially
communicate with the Land Tra rtation Office ional OfficeIX (LTO-
RO IX) for the blacklisting of the Driver License of the violator and Vehicle
 corresponding official receipt shall be issued. Payment can also be made at
any official redemption center.

Redemption - All clamped vehicles not redeem within twelve (12) hours
shall be towed to the impounding area subject to the additional payment
of the corresponding towing charges and storage fee.

Government not liable for damages. - The City Government of Zamboanga

shall not be held responsible for any damage to the vehicle caused by any
Movement or attempted movement of the vehicle by the
owner/driver/operator while the wheel is clamped: Provided, that a notice
of immobilization shall be placed on the driver side windshield of the
vehicle.

f. Prohibition. - It shall be unlawful and/or illegal to remove or attempt to

remove or destroy the wheel clamp, and shall subject the offender to an
additional fine of 5,000.00 for all types of vehicles or one (1) month
imprisonment or both, at the discretion of the Court.

SECTION 14. OFFICERS AUTHORIZED TO REMOVE ILLEGALLY

STOPPED VEHICLES
a. Whenever any police or traffic enforcer finds a vehicle parked on a road
in violation of any of the foregoing provisions, such enforcer is hereby
authorized to move such vehicle, or require the driver, or other personin
charge of the vehicle to move the same, to a position off the paved or main
traveled part of such road;

Whenever any traffic enforcer finds a vehicle unattended upon any bridge
or causeway where such vehicle constitute an obstruction to traffic, such
officer is hereby authorized to provide for the removal of such vehicle to
the nearest garage or other place of safety;

c. The driver or owner of said vehicle shall bear the expenses incurred
including but not limited to towing fees.

SECTION 4. | REPEALING CLAUSE. The aforecited provisions of Ordinance

248 as amended is hereby further amended accordingly. All other ordinances and other city
issuances, or any part or parts thereof, which are inconsistent with the provisions of this
ordinance are hereby deemed repealed or modified accordingly.

SECTION 5. SEPARABILITY CLAUSE. Should any provisions of this

Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the
remaining provisions not so declared shall remain valid and effective.

SECTION 6. EFFECTIVITY. This Ordinance shall take effect in accordance

with the provisions of the Local Government Code of 1991, as amended.

ENACTED: , 2022 as an urgent measure.

HON. JOSEPHINE E. PAREJA

Presiding Officer
 ‘Republica de Filipinas
Ciudad de Zamboanga
OFICINA DEL ADMINISTRADOR |
it

Republic of the Philippines

City Council
City of Zamboanga

PROPOSED ORDINANCE NO.

AN ORDINANCE REGULATING THE USE OF SIDEWALKS IN THE

CITY OF ZAMBOANGA AND PROVIDING PENALTY THEREFOR.
(Codify ordinance No. 240, 197 and added item)

EXPLANATORY NOTE

WHEREAS, on November 27, 1956, the Sangguniang Panlungsod of Zamboanga City

enacted Ordinance 197, entitled “AN ORDINANCE REGULATING THE USE SIDEWALKS
IN THE CITY OF ZAMBOANGA AND PROVIDING PENALTY THEREFOR”;

WHEREAS, on July 03, 2002, the Sangguniang Panlungsod of Zamboanga City

enacted Ordinance 240, entitled AN ORDINANCE AMENDING SECTION 3 OF
ORDINANCE NO. 197, SERIES OF 1956, ENTITLED, "AN ORDINANCE
REGULATING THE USE OF SIDEWALKS IN THECITY OF ZAMBOANGA AND
PROVIDING PENALTY THEREFOR";

WHEREAS, on July 29, 2019, pursuant to the directive of President Rodrigo Roa
Duterte during his fourth State of the Nation Address (SONA), the Secretary of the
Department of Interior and Local Government (DILG) issued Memorandum Circular (MC)
No. 2019-121, directing LGUs to clear roads of illegal structures and constructions;

WHEREAS, in view of the return to normal economic activity brought about by the
decline in the number of COVID-19 cases and the de-escalation of Alert Levels in various parts
of the country, there is a current need to resume the implementation of road clearing during
the so-called new normal;

WHEREAS, on June 20, 2022, the DiILG Secretary issued DILG Memorandum
Circular No. 2022-085 directing All Provincial Governors, City Mayors, Municipal Mayors,
Punong Barangays, Heads and Members of Local Sanggunians; All DILG Regional Directors
and the BARMM Minister of the Interior and Local Government; The OIC, Philippine
National Police and all Local Operating Units Of The PNP; The Fire Director, Bureau Of Fire
Protection and all Local Operating Units of the BFP; to continue the Implementation Of Road
Clearing in the New Normal;

NOW THEREFORE, be it ordained by the Sangguniang Panlungsod of Zamboanga, that:

g CITY HALL, N.S, VALDERROSA ST,, ZONE IV, ZAMBOANGA CITY, 7000, PHILIPPINES
B www.zamboangacity.gov.ph E-mail ad: zc admoffiicea gmailcom Progreso y Desarollo
& Tel Nos. (062) 991.1630 / (062) 991.4985 Servicio Sincero

| ll lye
 ‘Republica de Filipinas
Ciudad de Zamboanga
OFICINA DEL ADMINISTRADOR
Se

SECTION 1: Ordinance No. 240, entitled An Ordinance Amending Section 3 of

Ordinance No. 197, Series of 1956, Entitled, "An Ordinance Regulating the
Use of Sidewalks in the City of Zamboanga and Providing Penalty Therefor" is hereby
amended by incorporating therein SECTION 3A and to read as follows:

x X x

SECTION 3A: OTHER RESTRICTIONS. - The use of street sidewalks avenues,

alleys, bridges, parks and other public places in Zamboanga City for commercial and
personal purposes is hereby prohibited. Such prohibited acts include but not limited to
the following;
a. Placing tables and stall and depositing crates, boxes, or other obstructions
on public and private sidewalks.
Vending or selling of foods, magazines, newspapers, cigarettes, brooms
s

watches or jewelries, shoes and other footwear, and/ or other items;

Conduct of shoe-shining occupation;
Erde rh om 2. ©

Conduct of “religious” activities , such as preaching and seeking alms;

Doing house chores such as washing clothes, hanging clothes, , and bathing;
Vehicle garages and/ or vehicle repair;
Dumping garbage
Setting up of basketball court/goal.
Use of sidewalk to install pens of animals or keep animals in chains;
Storing of soft drinks or wines/liquor bottles and cases; drinking liquor and
Tr

beverages and holding picnics/ gatherings;

Storing of junk and recyclable materials; including junk vehicles.
a ore

Use of sidewalks for storage of construction materials for sale (pipes,

tubing, lumber, cement, and for the like);
. Housing extension or stall/ store extension, canopies including installation
of roofs or awning; extending over the sidewalks.
n. Installing of permanent or picket fence;
Use of sidewalks for plants , tree sand plant boxes; and
S

p. Sign or sign boards on or above sidewalks and detached from the business
establishment.
q. No person shall park a vehicle upon any roadway or sidewalk for purpose
of washing, greasing or repairing such vehicles.
r. Commercial and household remnants, left over things, wastes, standing
waters or the like be kept, piled or stacked for any purpose.

q CITY HALL, N.S. VALDERROSA ST., ZONE IV. ZAMBOANGA CITY, 7000, PHILIPPINES
& www. zamboangacity.qov.ph E-mail act zc. admoficea gmail.com Progreso y Desarollo
& Tel Nos, (062) 991.1630 / (062) 991.4985 Servers Sincero
 ‘Republica de Filipinas
Ciudad de Zamboanga
OFICINA DEL ADMIN Tae

SECTION 2: SECTION 3 of Ordinance No. 240, entitled An Ordinance Amending

Section 3 of Ordinance No. 197, Series of 1956, Entitled, "An Ordinance
Regulating the Use of Sidewalks in the City of Zamboanga and Providing Penalty
Therefor" is hereby amended and to read as follows:

“SECTION 3: (a) Any person or persons violating the provisions of this

ordinance shall be punished by a fine of Five Thousand Pesos (P5,000.00), or
less than Ten (10) days nor more than Thirty (30) days or both fines and
imprisonment at the discretion of the court if justice can be served best and if
the apprehended person(s) opted to pay an administrative fine of Five Thousand
pesos (P5,000.00), the same shall be accepted and the case is settled amicably.

The Office of the City Treasurer is hereby to authorized to collect the

administrative fines provided hereof and issue the proper official receipts

(b) Ifno administrative fine is paid before 5:00 0 ‘clock in the afternoon on
the day of the confiscation, all perishable goods confiscated shall be turned
over to any charitable institutions, orphanage or any rehabilitation center.

(c) In case of violation by an association, firm or corporation the President,

Manager or agent thereof, shall be criminally liable.

(d) Any officer, who makes unauthorized release of the goods confiscated
without the payment of administrative fine as provided hereof, shall be held
liable.”

(e) Items caught or confiscated will be brought to storage if it pertains to

vehicles, it will be towed, and if its owner will turn over their license or
vehicle registration the vehicles can be released after they settle the towing
fees as enumerated under Section 7, Article XII of Ordinance No. 248,
series 2002, otherwise known as “The Revised Traffic Code for
Zamboanga City;

SECTION 3: Ordinance No. 240, entitled An Ordinance Amending Section 3 of

Ordinance No. 197, Series of 1956, Entitled, "An Ordinance Regulating the
Use of Sidewalks in the City of Zamboanga and Providing Penalty Therefor" is hereby
amended by incorporating therein SECTION 3B and to read as follows:

°] CITY HALL, N.S. VALDERROSA ST,, ZONE IV, ZAMBOANGA CITY, 7000, PHILIPPINES
® wwwzamboangacity.gov.ph 63 E-mail ac: zc admofice.agqmailcom Progreso y Desarollo
& Tel Nos, (062) 991.1630 / (062) 991.4985 Servicio Sincero
 Republica de Filipinas
Ciudad de Zamboanga
OFICINA DEL ADMINISTRADOR ~
<ha
Seer

SECTION 3B. USE OF WHEEL CLAMPS TO IMMOBILIZE ILLEGALLY

PARKED VEHICLES ON SIDEWALKS.

a. Use of Wheel Clamps or Tire Locks - The use of wheel clamps or tire locks to
immobilize illegally parked and unattended vehicles in any street or area
designated as “no parking” or “tow-away zone” pursuant to this Ordinance is
hereby authorized.

b. Specification - The wheel or tire clamp is a yellow metal gadget or immobilizing

device duly registered, authorized and bearing the seal of Zamboanga City that
is placed on the left portion of the right tire of the vehicle, including container
vans, trucks, trailers and other multi-wheeled vehicles, and shall be installed
by the authorized personnel of the Office of the City Administrator.

ce. Fee - For the _release/removal of the said clamping device the
owner/driver/operator shall pay the fine of P2,000.00 for light four wheeled
vehicles. For medium four-wheeled vehicles, the owner/driver/operator shall
pay the fine of P3,000.00 and P 5,000.00 for heavy vehicles. All payments shall
be made at the Office of the City Treasurer, for which a corresponding official
receipt shall be issued. Payment can also be made at any official redemption
center.

d. Redemption - All clamped vehicles not redeem within twelve (12) hours shall
be towed_to the impounding area subject to the additional payment of the
corresponding towing charges and storage fee.

e. Government not liable for damages. - The City Government of Zamboanga

shall not be held responsible for any damage to the vehicle caused by any
movement or attempted movementof the vehicle by the owner/driver/operator
while the wheel is clamped: Provided, that a notice of immobilization shall be
placed on the driver side windshield of the vehicle.

{. Prohibition. - It shali be unlawful and/or illegal to remove or attempt to remove

or destroy the wheel clamp, and shall subject the offender to an additional fine
of 5,000.00 for all types of vehicles or one (1) month imprisonment or both, at
the discretion of the Court.

SECTION 4. REPEALING CLAUSE. The aforecited provisions of Ordinance 248 as

amended is hereby further amended accordingly. All other ordinances and other city
issuances, or any part or parts thereof, which are inconsistent with the provisions of this
ordinance are hereby deemed repealed or modified accordingly. Anhseead

q CITY HALL. N.S. VALDERROSA ST., ZONE IV. ZAMBOANGA CITY, 7000, PHILIPPINES
wwesrzamboangacity.gev.ph Ge E-mail act: zc admofice a gmail.com Progreso y Desarollo
t Tel Nos. (062) 991.1630 / (062) 991.4985 Servicio Sincero
 ‘Republica de Filipinas
Ciudad de Zamboanga
OFICINA DEL smite

SECTION 5. SEPARABILITY CLAUSE. Should any provisions of this Ordinance

be declared unconstitutional or invalid by a court of competent jurisdiction, the
remaining provisions not so declared shall remain valid and effective.

SECTION 6. EFFECTIVITY. This Ordinance shall take effect in accordance with

the provisions of the Local Government Code of 1991, as amended.

ENACTED: , 2022 as an urgent measure.

HON. JOSEPHINE E. PAREJA

Presiding Officer

\"] CITY HALL, N.S. VALDERROSA ST., ZONE IV, ZAMBOANGA CITY, 7000, PHILIPPINES
B wiew.zamboangacity.gov.ph Ge E-mail act ze admofficea gmail.com Progreso y Desarollo
& Tel Nos. (062) 991.1630 / (062) 991.4985 Servicio Sincero