Republic of the Philippines City of Santiago -000- OFFICE OF THE SECRETARY ~ SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 73"? REGULAR SESSION OF THE 8™ CITY COUNCIL HELD ON MARCH 24, 2015 AT THE SESSION HALL APPROVED UNDER SUSPENDED RULES. Sponsored by: Coun. Arlene Jane Alvarez-Reyes Coun. Celine Jeanne Abaya Siquian Coun. Wolfrando R. Lugod Coun. Christian Vincent Neville A. Aggabao Coun, Aisen Faith S, Marrero Coun. Nicasio B. Bautista IIT Coun, Kathrina V. Sable Coun, Hexilon G. Alvarez Coun. Alester Alejandro G. Dirige Coun, Brenda Ragsac-Luna Coun. Benzi Tan Chai ORDINANCE NO. 8THCC-069 PROHIBITING THE SUN-DRYING OF GRAINS AND OTHER AGRICULTURAL BY-PRODUCTS ON ALL CITY ROADS WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF SANTIAGO. WHEREAS, it has been observed that roads within the territorial jurisdiction of the City of Santiago are used as solar drying facilities to sun-dry grains and other by-products; WHEREAS, this practice causes the inconvenient passage of traffic and passers-by, and poses danger to health and safety of motorists and pedestrians; Vv WHEREAS, this activity is considered a nuisance, that endangers the health and safety ol\motorists and pedestrians, and obstructs or interferes with the free passage of any road or street; WHEREAS, Section 30 Republic Act No. 917 otherwise known as ‘Highway Act of (953? states that, “/t shall be unlawful for any person to usurp any portion of a right-of-way; to mnvert any part of any public highway, bridge, warp or trail to his own private use, or 10 struct the same in any manner; or to use any highway, ditch for irrigation, or other private poses”. WHEREAS, Section 8.1.3 of the implementing Rules and Regulations of Chapter XIX of Presidential Decree 856 otherwise known as the Code on Sanitation of the Philippines considered public or private premises maintained and used in a manner injurious to health as nuisance and declared, to wit: “Section 8.1.3. There shall be no xxx materials xxx unto public streets or sidewalks that affects and obstructs the convenient passage of traffic and passers-by. xxx” WHEREAS, there is an urgent need to abate the said malpractice in order to safeguard the health and safety of motorists and pedestrians. NOW THEREFORE, be it ordained by the Sangguniang Panlungsod, in session duly assembled, that - Page of 3 pages of Ordnance NaNO &SECTION 1. Title - This ordinance shall be known and cited as “An Ordinance Prohibiting the Sun-Drying of Grains and other Agricultural By-Products on all City Roads within the Territorial Jurisdiction of the City of Santiago”. SECTION 2. Applicability - This Ordinance shall apply to all persons, natural or juridical, who are directly or indirectly engaged in the harvest and trade of grain products, in the trade and processing of agricultural products, whether for personnel consumption or otherwise, such as but not limited to milling of rice, com and beans; extraction of juice from sugarcanes, sawing of logs and lumbers; peeling of coconut fruits; and extraction of coconut meat. SI construe: (ION 3. Definition of Terms - As used in this Ordinance, the following terms shall a. Sun-drying - the act of scattering and exposing anything under the heat of the sun unto any road, as defined under this Ordinance, for the purpose of having it dried, and regardless whether the same shall be for personal consumption or otherwise. b. Grain - the seeds of fruits and various food plants that are used for food or other commercial usage either for animal consumption or other industry. For purposes of this, Ordinance, the term shall include but not limited to rice, corn, beans and peanuts. ¢. Agricultural By-Products - something that is produced in usual industrial or biological process in addition to the principal product. For purpose of this Ordinance. the term shall include but not limited to rice hull, rice and com bran, coconut husk and shell, sugareane bagasse, sawdust, corn husk and cob, lumber, firewood, etc, City Road - except for the Pan-Pacific Highway and private roads right-of-way which are for exclusive use for the owner, this shall refer to all roads traversing within the territorial jurisdiction of the City of Santiago, including all barangay roads and those formerly classified as provincial roads. It shall include any part of the road, whether paved or otherwise, extending from either side’s shoulder. SECTION 4. Prohibitions ~ itis hereby prohibited for any person, natural or juridical, to satter rice, corn, beans, peanuts, rice hull, rice and corn bran, coconut husk and shell, sugarcane se, sawdust, com husk and cob, lumber, firewood, etc. onto any road, as defined under this Hedinance, exposing them under the heat of the sun for the purpose of having them dried, SECTION 5. Penalties - Violators of Section 4 hereof shall be meted with the penalties as follows: a, Sun drying of any grain or any agricultural by-products for personal use or consumption: First Offense - Fine of P 500.00 Second Offense = Fine of P_ 800.00 ‘Third and Succeeding Offenses - —_—_—~Fine of P 1,000.00 . Sun drying of any grain or any agricultural by-products for trade by a private person: First Offense = Fine of P_ 800.00 Second Offense - Fine of P 1,000.00 ‘Third and Succeeding Offenses - —_—_—Fine of P 2,000.00 c. Sun-drying of any grain or any agricultural by-products by a person engaged in the business or trade of agricultural products: First Offense ~ Fine of P2,000.00 and one (1) month suspension of Mayor's Permit to conduct Business. Second Offense - Fine of P3,000.00 and three (3) months suspension of Mayor’s Permit to conduct Business. Third Offense - Fine of P5,000.00 and cancellation of Mayor's Permit to conducts Business. Page 2 of 3 pages of Ordinance NoStHCC-064¢In any of the said offenses, the fine shall be borne by the owner of the grain or any agricultural by-products being sun-dried. SECTION 6. Implementing Agency and Implementing Rules - The Department of Public Order and Safety (DPOS), in coordination with the City Permits, Licensing and Inspection Office (CPLO) shall be in-charge in the implementation of the provisions of this Ordinance. For its effective implementation, they may promulgate rules and regulations necessary to carry out the objectives of this Ordinance, subject to the approval by the ‘Sangguniang Panlungsod. SECTION 7. Repealing Clause - All other ordinances and issuances inconsistent with any provision of this Ordinance are hereby repealed, amended and modified accordingly. SECTION 8. Separability Clause - If, for any reason/s, any part or provision of this Ordinance shall be declared unconstitutional or invalid by any competent authority, the other provisions not affected thereby shall continue to be in full force and effect. SECTION 9. Effectivity Clause - This Ordinance shall take effect fifteen (15) days following the completion of its publication and posting requirements. ENACTED, March 24, 2015. CERTIFIED TRUE AND CORRECT: Lani UMANUT Acting Seorbtary’to the Sanggunian ATTESTED: ATTY. MARCEEANO &CABUCANA JR. City Vice Mayor & Presiding Officer APPROVED: descr. JOSEPH SALVADOR TAN City Mayor i THIS IS TO CERTIFY that the above Ordinance was published in the Valley Star in its April 27 — May 03, , 2015 issue. oF Acting Se¢retary to the Sanggunian Page 3 of 3 pages of Ordinance No.SthCC-069