_ ””_ OFFICE OF THE SANGGUNIANG BAYAN EXCERPT FROM THE MINUTES OF THE 24th REGULAR SESSION OF THE SANGGUNIANG BAYAN HELD ON 02 AUGUST 2017 AT THE BULWAGAN NG SANGGUNIANG BAYAN, CAPAS LEGISLATIVE BUILDING, MUNICIPAL HALL. PRESENT Vice Mayor ROSELLER B. RODRIGUEZ Presiding Officer Coun, FEUPE L. ONG Member Coun. ALEX C. ESPINOSA. Member Coun. JULIET G. MENEZ Member iMG PANL ALAM Coun. DANILO S. DIZON Member E Cc E Vv E Coun, JESUS M. LOPEZ Member § ey ‘Coun. PORFIRIO D. LAXAMANA JR. Member oe Coun. BENZ A. PINEDA Member “ARLAG Coun. REYNALDO S. RAMOS: Member Coun, TEODOROS. TANGLAO, JR. Excoficio member / LNB Rep. ‘Coun, RODRIGO 7. GUTIERREZ Exofficio member /IP-ICC Rep. + ABSENT : None ai MUNICIPAL ORDINANCE NO. 006-2017 / (Series of 2017) “AN ORDINANCE REGULATING THE OPERATION OF PIGGERY AND POULTRY FARMS IN THE MUNICIPALITY OF CAPAS” \ . anmicir : Na Section 1. This Ordinance shall be a known as “AN ORDINANCE . REGULATING THE OPERATION AND MANAGEMENT OF POULTRY, PIGGERY AND OTHER LIVESTOCK RAISING IN THE MUNICIPALITY OF CAPAS.” ARTICLE IL PURPOSE Section 1. As enshrined in the 1937 Philippine Constitution, it is the declared policy of the State to protect and promote the right to health of the people and instill health consciousness among them and to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature, In pursuance of this (N pon policies, this Ordinance is enacted for the purpose of regulating all iggery, poultry and livestock raising in the Municipality of Capas: x ARTICLE 1 ‘OBJECTIVES ‘Settion 1. To ensure that all piggery, poultry and other livestock raising businesses and activities in the Municipality of Capas are compliant with all existing pertinent laws, rules and regulations, particularly those issued eee ae& Pe bby the Department of Environment and Natural Resources, the Department of Agriculture and the Housing and Land Use Regulatory Board, as well as applicable local ordinances including this Ordinance; Section 2. To protect public health and safety and promote the general ‘welfare, with particular focus on minimizing, if not eliminating, foul odor, Ay infestation and water pollution; Section 3. To assist in the growth of piggery, poultry and livestock businesses and activities in the Municipality of Capas through regulated management and administration. ARTICLE IV SCOPE AND COVERAGE Section 1. This Ordinance shall be enforced within the territorial jurisdiction of tho Municipality of Capas, Section 2, The provisions of this Ordinance shall apply to all applications to establish, put up and operate piggery and poultry farms in the Municipality of Capas as well as the expansion of existing poultry and Piggery farms. Existing poultry and piggery farms which are already ‘operating upon the effectivity of this Ordinance shall be enjoined to ‘comply with tho provisions ofthis Ordinance. Section 3. In case of existing poultry and piggery farms which ceased to _ ‘operate for more than one (1) year, the revival thereof shall be considered 7 ‘5 a new application to operate such poultry and piggery farm and shall be covered by the provisions of this Ordinance. ARTICLE DEFINITIONS OF TERMS: ‘As used in this Ordinance, the following torms shall bo dofined as follows ANIMAL WASTES - means a material composed of excreta, with or without bedding materials and/or Animal drags, collected from poultry, ruminants or other animals excopt humans BACKYARD FARM - refers to raising of (swine) animals in household backyard; BODY OF WATER- most often refers to large accumulations of water, such as oceans, seas, and lakes, but it includes smaller pools of water such as ponds, wetlands, or more rarely, puddl COMMERCIAL FARMS - shall refer to any parcel of land devoted to the aising or brcoding of animals used for commercial purposes. It is ‘generally managed and operated by the owner or a tenant; CONTRACT GROWERS - enlties/ndividual engaged in raising animals based on an agreement with contracting party (company or individual) ‘The contract grow provides housing, labor and other necessities in rearing animals; INSPECTION ~ an act by an official inspector to ensure compliance with the ‘rules and regulations including but not limited to quality assurance Program, hygiene and sanitation program, sanitation and standard ‘operating procedures and hazard analysis control program; uy ‘ . \ : & ® ke ppb, 4 eGe * Mr. JAY LAWRENCE S. SANGALANG. Secretary to the SB Attested and Certified tobe duly adopted : ROSE! GUEZ Municipal Vice Mayot/Presiding Officer With our concurrence : sr Coup. i. ONG Coun, ALEX ¢. fSPINOSA SB Mettber $3 Member are oo Coun. nang non ces ee SBMember oun. PORFIRIO D. LAXAMANA, JR. Ce ee ’ $8 Member pipun © bons = INEDA Coun.’ fee nay iB Ae SB/Mem! Coun. TEODOR: LO, JR. Coun. zo il SB met iu “officio er Ex-Officio LNB Representative mies Representative , L.B., DPA. Municipal MayorAagette f hore ARTICLE VIII REGULATED ACTS Section 1, Existing poultry and piggery farms shall be obliged to use chemical control of fies and its larvae to minimize source of pollutants, Section 2. It shall bo unlawful to directly discharge animal wastes in any. irrigation canal, river or riverbanks or any body of water. Section 3. All poultry and piggery farms must use such diet for their animals that minimizes foul odor in their waste and discharge. ‘Section 4. For backyard piggery farming, the animals shall be limited 10 three (8), two (2) pigs for fattaning and ono (1) sow for farrowing, and for backyard poultry, a total of twenty 20) fowls. Any volume ot poptiation in ‘excess of the prescribed number of heads shall be considered as ‘commercial farming, ARTICLE TX PENAL CLAUSE Section 1. A penalty amounting to One Thousand Pesos (Php!,000.00) shall ‘be imposed to all violators on the 1" offense, Two Thousand Pesos on the —* 2% offense, and upon tho 3" offense, the fine shall be Two Thousand Five - Hundred Pesos (Php2,500.00) and/or closure of the animal farm or : imprisonment of not exceeding six (6) months upon the diserotion of the Cour. ; ARTICLE X SEPARABILITY CLAUSE Section 1, If for reason or reasons, the provision or provisions of this \ Ordinance shall be held invalid or unconstitutional, other Parts thereof ‘which are not affected shall continue to be in full fees and. effect. \ ARTICLE Xt NS wot ee XQ Section 1, All ordinances, rules and regulations or any part thereof, whose \ provision are in conflict to the provisions of this Ordinance are hereby Yepealed, amended and modified accordingly, ARTICLE XI ‘EFTECTIVITY CLAUSE Section 1. This Ordinarce shall take effect upon approval and publication in a newspaper of local circulation in the Province of Tarlac for two (2) consecutive weeks. Adopted this 2nd day of August 2017 at the Bulwagan ng Sangguniat Bayan in session assembled.” — © hereby attest to the correctness of the foregoing ordinance denominated Municipal Ordinance No. 006-2017, series of 2017 titled, “AN ORDINANCE REGULATING THE OPERATION OF PIGGERY AND POULTRY | FARMS: ‘THE MUNICIPALITY OF CAPAS" consisting of seven (7) pages including Page on which the certification is writen and signed which was duly x adopted by the Sanggusiang Bayan during its 24th regular session held on (02 August 2017. wer fhe py PFARROWING - is a term specific to swine that refers to the action of giving, birth FATTENING = shall refer to the processes whereby the hogs are fattened, up to 200 pounds primarily for slaughter. MAJOR ROADS OR HIGHWAYS - refer to any city, provincial and national roads that link regional /provincial town conters and serving as the main ansportation arteriss, NEAREST GROUNDWATER « the nearest water beneath the earth's surface often between saturated soil and rock, that supplies wells and springs: PIGGERY FARM - shall refer to a parcel of land devoted to the raising or breeding, depasturiag, feeding or watering of pigsor swine. POULTRY - a colleetive term for all domesticated fowl as chicken, turkey, ducks or geese and game fowl; POULTRY FARM - shall refer to any parcel of land devoted tothe rising of domesticated forls which serve as sources of eggs and meat for human consumption as well as brooding of gamecocks. IFincludes any species of fowl such as chickens, ducks, geete, quails, pigeons, turkey, ostich, guinea fowl and ganecocks. SOW- rofors toa female adult swine or pig. STANDARD SEPTIC TANK - a watertight, multi-chambered receptacle, constructed within the set standards that receives sewage and partially digested organic mater in the sewage: ARTICLE VI ‘THE MUNICIPAL TASK FORCE. Section 1, The Municipal Task Force is hereby created to be composed of the following : X Chairman : Municipal Mayor Members : Muricipal Sanitation Officer Municipal Health Officer fr ‘Municipal Zoning Officer f\ Municipal Ageiculturist A} Municipal Planning and Development Otficor et Chief of Police \ ‘Community Environmental and Natural Resources Olficer Concerned Punong Barangay Representative from the Hog Raisers in the Municipality of Capas. Representative from the Poultry Raisers in the Municipality of Capas, Section 2, The Municipal Task Force shall have the authority to oversee the <4 \') jplomontation of tho provisions of this Ordinance including the periodic | sendy ancl anh Gber raved save os aye persded oy) les, regulations and guidelines mandated by national laws, *) Section 3. As a requirement for the issuance of business permit, a 0 certificate to operate shall be issued by the Municipal Task Force upon inspection ofthe piggery and poultry farm. gq” Oh ens” pARTICLE VIII STANDARDS AND REQUIREMENTS 1. Piggery and poultry farm shall be situated preferably in a high topography and broad terrain for good ventilation. For proper drainage, the farm should be located in a rolling terrain, Flood prone areas, and other environmentally critical areas like source of water supply shall be aveided, Piggery and poultry farm shall not be built on soils with high moisnare level ‘The soil must be well-drained and porous. 3. Commercial piggery and poultry farms shall be surrounded with a buffor zone to be planted with trees or shrubs. 4. Piggory and poultry farm shall not be located within a 25 meters radius from sources of grcund and surface drinking water. Commercial piggery and poultry farms shall be at least 1,000 motors away from the built-up areas (residential, corsmercial, institutional and industrial) a5 designated in the Municipality's Comprehonsive Land Use Plan while backyard poultry and piggery farms shall beat least 500 rmoters away from such built-up areas, 6. Establishment of commercial farming shall be located in accordance to © the zoning classifietion of the Municipality; 7, Commercial piggery farms shall be 800 meters away from the national highway and major roads while commercial poultry farms shall be 200 meters away from the national highway and major roads. 2, 8. Commercial piggery and poultry farms shall be at least one a) kilometer away from one another to minimize spread of pests and to reduce concentration of air pollutants in a given area. Such gap of distance for backyard poultry and piggery farms shall be 500 meters. 9. The position of farm buildings which house the animals shall be oriented towards the direction of the wind and/or sunlight and on an east-west direction, The long axis of the building with a double pen shall bo in laid in a northesouth direction to give all pens benefit of sunlight. 1O.Piggery farms are strictly required to construct biogas digester or standard soptic tank for animal waste disposal and conform with the following requirements: a. Itshall watertight; b, It shall be built on concrete and size ‘Proportional to the stock population; . It shall not bo constructed under any building within twenty-five (25) meters radius from the ‘nearest ground water. wy 4 11.Commercial piggery and poultry farms are excouraged to maintain a “f\_ gonerator set sufficient to supply powor to the farm buildings in order {0 avold problems in the water supply, ventilation & cooling, heating & oisturizing needs of the animals and their wastes in case of power failure. ' a i & %L. ARTICLE VIL REGULATORY REQUIREMENTS Section 1, Upon the effectivity of this Ordinance, the Municipal Zoning ‘Officer shalt conduct a comprehonsive consus o! all piggery and poultry farms in tho Municipality of Capas, Such census shall list the facility ‘owner/operator/contract grower (if on lease - contract of lease and the ‘duration of lease), location and area of farm, number of fowls, heads, swine and hogs and an inventory of the existing farm facilities. Section 2, All developers intending to establish, put up and operate piggery and poultry forms in the Municipality of Capas as woll as existing poultry and piggory forms which intond to expand its farms shall socure a ‘evelopment permit from the Sangguniang Bayan of Capas in accordance ‘with the Municipality's Comprehensive Land Use Plan. ‘Any deviation from the zoning classification in acting on the said applications may be allowed by the Sangguniang Bayan on valid and justifiable causes or reasons, Section 2, All plans, designs, specifications and spocial features of proposed poultry and piggery farm buildings should be submitted to the ‘Municipal Engineer for teview and approval prior to the issuance of business permit, ‘The applicable provisions of this Ordinance pertaining to such standards ‘and guidelines herein provided for shall form part of the requirements in the issuance of a building permit and business permit, Section 3. Plans for biogas digester must be prosented to the Municipal ‘Task Force for review and approval before construction. Section 4. All commercial piggery and poultry farms must be registered with the Bureau of Animal Industry. Section 5. All animal farms, whother backyard or commercial, are required to register their farms with the Barangay where they are located. Section 6. The fees payable on applications for permits and registration and upon the issuance/renewal thereof shall be in the amount imposed by the Municipality of Capas and the concerned Barangay. ‘Section 7. The Municipal Zoning Otficer and the Barangay where poultry and piggery farms are located shall keep a record ofall animal farms that have been issued permits and registration certificates as well as the renewal thereof which shall contain the following: a. The name and eddross of the holdor of permit who shall be actual operator of the animal farm; b, The location ofthe animal farm: ‘¢. The purpose for what the permit has been issued; . The date of the first permit issued on the date of any renewal ‘granted; /e. Every change of occupants and managemont of the farm since ‘the first permnit was issued; 4, Conditions under which the permit was issued, & ATF 6 the abby pe