MUNICIPAL ORDINANCE NO. 2006-056

Republic of the Philippines
Province of Aklan
Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 40TH REGULAR SESSION HELD AT THE TOURISM BUILDING ON DECEMBER 21, 2006

PRESENT:

Hon. Nilda B. Tambong - Vice Mayor, Presiding Officer
Hon. Mark V. Quimpo - SB Member
Hon. Lillian Q. Tirol - SB Member
Hon. Melanie V. Tolentino - SB Member
Hon. Ariel O. Fernandez - SB Member
Hon. Gregorio R. Malapad, Jr. - SB Member
Hon. Arnaldo M. Tejada - SB Member
Hon. Madeline A. Regalado - SB Member
Hon. Jerry R. Malbas - SB Member, ABC Vice President
Hon. Glenn G. Sucro - SB Member (Sick Leave)
Hon. Edjo Benjie Y. Aranas - SB Member, SK President (Official Travel)

"ORDINANCE NO. 2006-056

AN ORDINANCE REGULATING THE USE OF ROADS, STREETS, ALLEY, PARK OR SQUARE DURING THE CELEBRATION OF ATI-ATIHAN FESTIVAL AND/OR ANY SIGNIFICANT EVENTS RECOGNIZED BY THE LOCAL GOVERNMENT UNIT

WHEREAS, pursuant to Republic Act 7160, known as Local Government Code of 1991, the Sangguniang Bayan of Kalibo is mandated to enact ordinance pertaining to the Temporary Closure of National or Local Roads, Streets, Alley, Park or Square as stipulated in Rule VIII of Article 45 of the Rules and Regulations Implementing the Local Government Code;
WHEREAS, on the other hand, every Local Government Unit has the sworn obligation to enact measures that will ensure public health, safety and convenience while maintaining peace and order and promoting the general prosperity and welfare of the inhabitants;
WHEREAS, it is deemed imperative to enact this ordinance in order to regulate the proper utilization of any street, road, thoroughfare or any other public places during Market Day, Ati-Atihan Season, Food Festival Sa Kalye, Christmas Season or other significant official events.
NOW THEREFORE, in view of the foregoing premises, upon motion made and duly seconded, be it ordained by the Kalibo Sangguniang Bayan in session duly assembled, that:
Section 1: Title – An Ordinance Regulating the Use of Roads, Streets, Alley, Park or Square During the Celebration of Ati-Atihan Festival and/or Any Significant Events Recognized by the Local Government Unit.
Section 2 – Definition of Terms
a) Public Place – it covers any national or local roads, street, alley, sidewalks, road shoulder, passage, Kalibo Public Area. Trading Center Area, Food & Transport Terminal, Kalibo Shopping Center, BLISS Park, Pastrana Park and Magsaysay Park, Business Establishments, Commercial Buildings and/or any public places in the Ati-Atihan Town of Kalibo.
b) Vendors – includes peddlers, ambulant vendors, stallholders, Proprietor or Owner of Business Establishments or Commercial Buildings.
c) Tent/s (Tolda) – a portable shelter usually of canvass stretched over a supporting framework of poles and pegs.
d) Makeshift (Papag) – something that is temporary assembled which made of light materials and used for display of goods offered for sale.
e) Corporation – Private or Public Corporation including Non-Government Organization, Peoples Organization and Civil Society organization.
Section 3 – Prohibition
a) No vendors, individuals, group or corporation shall be allowed to occupy any National or Local Streets, Roads, Alley, Sidewalk and/or any Public Places in this municipality except otherwise covered and regulated in this ordinance.
b) No vendors, individuals, group or corporation shall be allowed to put up, place or install any obstacle including the display of goods or items, sign boards, signpost or any structure that can cause blockage to the passage of the pedestrian, commuters, public or private vehicles in any public places except otherwise covered and regulated in this ordinance.
c) No individuals, group or private corporation shall be allowed to install signposts, signboards or any structure in the easement or intended for the road right of way (National or Local Roads) except for the posting of warning sign or traffic safety device or any other form of signs giving precautionary measures and the like as authorized and approved by the Office of the Local Chief Executive.
d) No Permit, No Occupation policy shall govern in so far this ordinance is concerned.
Section 4 – Exemption
a) Notwithstanding the provision of Section 3, this prohibition shall not be enforced during Market Days, Wednesday and Sunday or during Ati-Atihan season or other significant official events particularly in the designated area mentioned in this ordinance and provided further that they shall secure clearance or Mayor’s Permit prior to their occupation on the said public places.
Section 5 – Designated Area covered by the exemption for vending of goods, items ad other commodities as stated in this ordinance.
a) Kalibo Public Market Area – covers sidewalks, alley and passage may be utilized by legitimate stallholders or any interested vendors provided that a temporary permit from the Office of the Municipal Mayor is secured, specifically during market days (Wednesday and Sunday) only provided further that the same shall not be made along the streets (national/provincials roads) of public market area.
b) Kalibo Trading Center (Satellite Market) / Food and Transport Terminal – covers the open space or vacant area and passage near the Aklan River and within the vicinity of the Trading Center which shall be utilized for vending or selling of goods, merchandise and other commodities for public consumption sold by Ambulant Vendors especially during Wednesdays and Sundays of every month.
c) Kalibo Shopping Center – covers sidewalks, passage and/or alley which may be utilized during the duration of the Ati-Atihan Season only.
d) Pastrana Park – Portion of Pastrana Park (Basketball Court) and sidewalk shall be utilized as venue for Trade Fair Center or Food Festival during Ati-Atihan Season, Christmas Season and Special Events Only.
e) Magsaysay Park – covers the whole portion and the perimeter of the said park shall be utilized during Ati-Atihan and Special Events.
f) Martelino Street – Corner XIX Martyrs Street to corner Archbishop Gabriel Reyes Street may be utilized during Food Festival sa Kalye held every month of June.
g) Streets/Roads – Regalado Street – from corner C. Laserna Street to Martelino Street; Ave. Veterans Avenue – from corner Regalado St. to F. Quimpo Street; Archbishop Gabriel M. Reyes Street – from corner Mabini Street to Veterans Avenue shall be utilized as Flea Market Area during Ati-Atihan Season Only.
h) One Side of the Side Walk – C. Laserna Street (right side) – from cor. Arch. Bishop Gabriel Reyes to Regalado Street.
i) One Lane of the Street – Regalado Street, left lane from cor. Mabini Street to Veterans Avenue Ati-Atihan season only.
j) Other Public Place – side walk, passage or open space of Business Establishment, Institution or Commercial Building may be utilized as vending area during Ati-Atihan Season provided that proper coordination with the Office of the Municipal mayor – Transport and Traffic Management Unit shall be done purposely to verify the feasibility/suitability of the area for vending and provided further that the same will not create obstruction to merrymakers and pedestrians as regulated by the Municipal Government.
Section 6 – Temporary Mayor’s Permit – no permit shall be issued by the Local Chief Executive to any person, entity, owners, stallholders, proprietor, corporation or any individual should the utilization of the said public place is not in conformity to this ordinance.
Section 7 – Revocation of Mayors Permit – The Local Chief Executive has the right to revoke permit issued to any individual, entity, corporation, group or society when public convenience, public safety, health and security so demands and when Permittee has violated the regulations or provisions of ordinances of the Municipality of Kalibo.
Section 8 – Person in Authority – The Local Chief Executive or his duly authorized representative shall issue a corresponding permit to Requesting Party provided that the latter states his/her intention including the duration of the activity in a written order or request for permit.
The Philippine National Police/Ordinance Officers or Deputized Law Enforcers by the Local Chief Executive and the PNP including the Task Force for Public Safety and the Peace and Order council, in the exercise of its Police Power, shall take possession of goods or other commodities and shall be accounted for in the presence of the owner of such before safekeeping which shall serve as evidence in court, upon payment of the required fees, the same shall be delivered to the owner.
Should the owner/s failed to redeem the goods which is under the custody or safe keeping of the PNP, within a reasonable period as stated in this ordinance, non-perishable goods shall be sold by the Municipal Government through public auction and the proceeds of which shall be deposited in the Local Treasury to serve as funds for the indigency program of the Local Government Unit; In case of perishable goods wherein the owner/s failed to redeem the same within five (5) hours, it shall be turned over to Charitable Institution or to Penal Institution.
Section 9 – Penalty – any person, entity, owners, stallholders, proprietor, corporation, or any individual who failed to secure a Temporary Mayor’s Permit shall be liable and be punished/penalized as follows:
For below P5,000.00 worth of goods/commodities confiscated. A fine of Five Hundred Pesos or imprisonment of one month or both at the discretion of the Court.
For P5,000.00 – P10,000.00 worth of goods/commodities confiscated – A fine of Two Thousand Pesos or imprisonment of two months or both at the discretion of the Court.
For 10,000.00 and above worth of goods/commodities confiscated – A fine of Two Thousand Five Hundred Pesos or imprisonment of Four Months or both at the discretion of the Court.
Forfeiture of Rights – In case the offender is in the state of insolvency and fails to redeem within a period of ten (10) days from the order of the court or 60 days from the date of confiscation such (Non-Perishable) goods/commodities, shall be subjected for auction sale upon posting in three (3) conspicuous public places and publication in the generally circulated newspaper in the Province of Aklan for two (2) weeks.
In case the violator opted not to be prosecuted in court, he/she may pay with the Office of the Municipal Treasurer or its duly authorized representative a Compromise Penalty or Administrative Fine of Two Hundred Pesos (P200.00) if the goods confiscated is below Five Thousand Pesos (5,000.00) and One Thousand Pesos (1,000.00) if the goods confiscated is more than Five Thousand Pesos (5,000.00) but not exceed Ten Thousand Pesos (P10,000.00) and Two Thousand Pesos (P2,000.00) for Ten Thousand Pesos (P10,000.00) or more worth of goods all in Philippine Currency and shall be deposited to the Local Treasury as fund for the development programs of this municipality.
Section 10 – Local Government Code, Municipal Revenue Code and Other Laws – in the absence of any applicable provision in this ordinance, the Local Government Code, the Municipal Revenue Code and other pertinent laws shall be applicable by analogy or shall be used as Legal Basis for the implementation of this ordinance.
Section 11. Separability Clause – should there be any section or provision in this ordinance that shall be duly declared void and ineffective by final judgment as promulgated by competent judicial authority, other sections or provisions thereof shall continuously remain valid and enforceable.
Section 12 – Repealing Clause – Ordinance No. 95-0007, known as an Ordinance Prohibiting Vendors From Occupying/Installing Tents (Toldas), Makeshift (Papag) On Any Street in the Municipality of Kalibo Except On Market Days, Ati-Atihan Season Or Other Events Designated And Authorized By The Municipality Of Kalibo; Ordinance No. 30 Series of 1994 known as an Ordinance Prohibiting The Use of Pastrana Park Or Any Portion Thereof As Sites Of Trade Fairs, Baratillo Sales, Rolling Stores, Sari-Sari Stores And Other Business Promotion Or Operation Effective Immediately, Ordinance No. 2002-057 known as an Ordinance Prohibiting Any Display of Goods, Merchandize, Signs, Signposts Along Public Areas Such As Sidewalks, Pedestrian Lanes And Road Shoulders And Prescribing Penalties For Violation Thereof and Resolution No. 2005-01 known as Resolution For The Temporary Closure of Portion Of The Kalibo Pastrana Park, Magsaysay Park; Regalado St., From Corner C. Laserna St. To Martelino St., From Corner Mabini St., To Veterans Avenue, Veterans Avenue-From Corner Regalado St., To XIX Martyrs St., Archbishop Gabriel Reyes St. From Corner Mabini St. To Veterans Avenue Including The Vicinity Within The Perimeter Of Magsaysay Park As Flea Market Area. Respectively and or any ordinance or resolution, Or Executive Order of this Municipality that are inconsistent with the provisions of this ordinance is deemed repealed, amended or modified accordingly.

ENACTED, December 21, 2006

I hereby certify to the correctness of the above stated ordinance as to form.

(Sgd.) DIANA T. FEGARIDO
Sangguniang Secretary

Attested:
(Sgd.) NILDA B. TAMBONG
Vice Mayor

Approved:
(Sgd.) RAYMAR A. REBALDO
Municipal Mayor

Madyaas Pen: June 23, 2007