Below are some of the Ordinances passed by the honorable members of the Sangguniang Bayan of Bauan for the year 2011. To wit;
Ordinance No. 11-03-0019, Amending section 122 under Article
XIII of Ordinance No. II Series of 2004 known as Revised Bauan Traffic
Ordinance of 2004
Ordinance No. 11-04-0020, An Ordinance requiring all
Commercial, Industrial and Educational Establishments to install within their
respective facilities Closed Circuit Television Cameras (CCTV)
Ordinance No. 11-05-0021, Imposing control over the Transport,
Hauling and Disposal of Municipal Waste, Industrial Waste, Scrap Materials,
Toxic Materials and Used Oil and providing penalties for violations thereof,
and for other purposes
Ordinance No. 11-05-0026, Imposing an increase of One Peso and
Fifty Centavos (P1.50) on Tricycle Fare
Ordinance No. 11-08-0034, Banning the use of Non-Biodegradable
Plastic Carry Out Bag and Polystyrene Foam at point of sale by Retail/Business
establishments in the Municipality of Bauan and providing education and
incentives for shoppers to use reusable bags at affected Retail/Business Establishments
in the Municipality of Bauan
NO. 11-03-0019
AMENDING SECTION 122
UNDER ARTICLE XIII OF ORDINANCE
NO. II SERIES OF 2004
KNOWN AS REVISED BAUAN
TRAFFIC ORDINANCE OF
2004
(SPONSOR: HON. HERMINIO M. DOLOR)
WHEREAS, Section 122 OF Article XIII- Cargo and
Delivery Truck Routes states the following. To wit;
“All delivery trucks…
TRUCK BAN - Vehicles 4,000KGS in
weight or those with 6-10 wheels are hereby prohibited to enter the Poblacion
from 6:00AM to 9:AM…….and other seafoods.”
WHEREAS, considering the relevance to prohibit
the entry of the subject vehicles in the herein subject areas of Bauan, this
council hereby amends the subject section 122 of Article XIII so that after
approval of this august body, this section shall now be read as follows. To
wit;
All delivery trucks/vans may use any
of the streets in the Poblacion.
TRUCK BAN - Vehicle over 3,800 kgs
in weight or those with 6-10 wheels are prohibited to travel along the
territorial jurisdiction of Bauan, Batangas from 6:00AM to 9:00AM and from
4:00PM to 7:00PM except for vehicle used either in the transportation of
perishable goods which by their nature deteriorate or decompose rapidly and
easily such as fish, shrimps, other seafoods and medicines or those vehicles
that have been granted with special permit to travel”.
NOW
THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, by this august body to pass into law
the amendments as herein incorporated under this ordinance and for this
ordinance to take effect ten (10) days after approval by the Sangguniang Bayan
and publication in a newspaper of local circulation.
Approved – March 18, 2011
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NO.
11-04-0020
AN ORDINANCE REQUIRING
ALL COMMERCIAL , INDUSTRIAL AND EDUCATIONAL ESTABLISHMENTS TO INSTALL WITHIN
THEIR RESPECTIVE FACILITIES CLOSED CIRCUIT TELEVISION CAMERAS (CCTV)
(SPONSOR: HON. HERMINIO M. DOLOR)
WHEREAS, Section 16, Chapter 2, Title One,
Book II of the Local Government Code of 1991 provides that xxx. Within their
respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture,
promote health and SAFETY, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance
economic prosperity and SOCIAL JUSTICE, promote full employment among their
residents, MAINTAIN PEACE AND ORDER, and preserve the comfort and convenience
of the inhabitants;
WHEREAS, the letter of former Bauan PNP
Chief, PCI Luisito C. Sanchez to the Hon. Juan M. Magboo, Vice Mayor of this
Municipality, reported that from January to May, 2010 alone, PRO4-A obtained
the highest number of murder cases nationwide totaling Three Hundred Seventy-Four
(374) cases of which, Batangas PPO had registered Ninety-Eight (98) murder
incidents;
WHEREAS, the unprecedented and unexpected
occurrence of these crimes against lives also found its way in Bauan,
endangering the lives of common people who deserves peace, order and security;
WHEREAS, the proliferation of these killings
and public unrest hamper the overall direction of progress and development of
the municipality and could disinterest prospective investors from doing
business in Bauan;
WHEREAS, in the hope of checking the growing
number of civil unrests, the former PNP Chief of Bauan proposed the
installation of “closed circuit television cameras” or CCTV’s not only by the
local government, but also by the business sector within their respective
facilities and along the major thoroughfares of Bauan;
WHEREAS, CCTV’s are capable of capturing live
events, situations and happenings taking place is a particular place and
broadcasting the same on a “Real Time” basis, thereby providing unmanned
protective security services to concerned individuals and establishments;
WHEREAS, the captured events or happenings by
CCTV’s that are attached to Digital Video Recorder or DVR are being recorded
and can be rewinded and reviewed at any given time, if warranted;
NOW THEREFORE, the Sangguniang Bayan of Bauan
hereby ordains and decrees:
Section 1. Title. This ordinance shall be known as the
“CCTV Ordinance of Bauan”; An Ordinance Requiring all Commercial, Industrial
and Educational Establishments to Install within Their Respective Facilities
Closed Circuit Television Cameras (CCTV).”
Section 2. Declaration
of Policy. It is
hereby declared the policy of the Municipal Government:
A. To promote peace, order and
security within the territorial bounds of this municipality;
B. To ensure the safety, health and
well-being of all Bauangeños at all times, inside and out of their own
dwelling;
C. To provide fast and reliable police
assistance to anyone needing such help at all times;
D. To make use of modern technology in
providing basic peace and order services to our constituents; and
E. To enhance the capability of the
local police and local authorities in curtailing, if not totally eradicating
crimes against lives and properties in the municipality of Bauan.
Section 3. Guidelines
for Installation of CCTV’s.
All private and public schools, hospitals, banks and other monetary
institutions like pawnshops, lending investors, money changers, etc.,
commercial and industrial establishments are mandated by this Ordinance to
install CCTV’s on their premises/facilities based on the following:
A. Those who gross aggregate assets
based on their latest audited financial statements exceeds Fifty Thousand Pesos
(P50,000.00) to Five Hundred Thousand Pesos (P500,000.00) to install at least
four (4) channels of CCTV’s within their premises, dedicating at least one (1)
CCTV for monitoring the outer perimeter of their offices.
B. Those who gross aggregate assets
based on their latest audited financial statements exceeds Five Hundred
Thousand Pesos (P500,000.00) to One Million Pesos (P1,000,000.00) to install at
least eight (8) channels of CCTV’s within their premises, dedicating at least
one (1) CCTV for monitoring the outer perimeter of their offices.
C. Those who gross aggregate assets
based on their latest audited financial statements exceeds One Million Pesos
(P1,000,000.00) to install at least twelve (12) channels of CCTV’s within their
premises, dedicating at least two (2) CCTV’s for monitoring the outer perimeter
of their offices.
Section 4. Local
Government Participation for the Installation of CCTV’s. the Local Government of Bauan
through its annual budget under the Office of the Mayor shall allocate at least
Two Million Pesos (P2,000,000.00) through the CCTV Ordinance Enforcement Fund.
The Monitoring Team to be trained by the local government in handling and
effectively using CCTV system shall employ “Pan, Tilt and Zoom” (PTZ) cameras
with Infra Red capacity of not less than 100 meters. Infra Red capability
allows the monitoring team to see even through the dark. The zoom function of
the cameras will allow the user to focus and enlarge a subject being observed
like vehicle plates, suspicious persons and the like. This type of camera can
also pan or scan its surroundings at 360 degrees. The cameras tilting capacity
will allow it to view what is under the camera. These cameras will be attached
to light posts or on its specially constructed steel post for better viewing
and monitoring.
Section 5. Cooperation
and Coordination. The
local government of Bauan, by virtue of its Police Power, can require any
establishment to submit a copy of a recorded incident in a multimedia storage
like a compact disc (CD) that can be used to solve any crime against lives and
properties. The identity of the said establishment shall not be divulged to
anyone for security reasons.
Section 6. Preparatory
Period. Business and
educational establishments covered by this Ordinance are allotted sixty (60)
calendar days upon its approval by the august body of the Sangguniang Bayan of
Bauan to comply and install the CCTV’s.
Section 7. Imposition of
Penalty. Any business
and educational establishment found violating any provisions of this Ordinance
shall be penalized through the revocation of their business permits and/or
permits to operate.
Section 8. Repealing
Clause. Any and all
previous ordinance, administrative orders, rules and regulations or parts
thereof that are inconsistent with this ordinance are hereby repealed or
modified accordingly.
Section 9. Separability
Clause. If any part
or provisions of this ordinance shall be held unconstitutional or invalid, the
other parts of provision hereof, which are not affected thereby, shall continue
to be in full force and effect.
Section
10. Effectivity. This
Ordinance shall take effect ten (10) days after its publicationin newspapers or
other forms of print media of local circulation.
Approved
– April 15, 2011
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NO. 11-05-0021
IMPOSING CONTROL OVER
THE TRANSPORT, HAULING AND DISPOSAL OF MUNICIPAL WASTE, INDUSTRIAL WASTE, SCRAP
MATERIALS, TOXIC MATERIALS AND USED OIL AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER PURPOSES
(SPONSOR: HON. WILLIAM C. ABRAHAN)
(CO-SPONSOR: HON PRESNEDY N. BACAL)
Be
it enacted by the Sangguniang Bayan of Bauan in session assembled:
Section 1. Short Title. This ordinance shall be known as the
Municipal Waste and Industrial Waste and Scrap materials Control Ordinance of
2011.
Section 2. Scope. This ordinance shall cover the
importation, processing, handling, storage, distribution, use and disposal of
municipal waste, industrial waste and scrap materials including the entry and
transit within the jurisdiction of Bauan and for whatever purposes.
Section 3. Purpose. It is the policy of the Municipality
to protect the health and well being of its constituents through the
elimination of unregulated and open dumpsite and uncontrolled transport of
waste materials originating from Bauan to other points outside of Bauan and
from other points outside of Bauan to Bauan whether in transit or terminating
in Bauan. As such, the establishment in sanitary in landfill or duly approved
handling or disposition of municipal waste and scrap material shall be
encouraged within the Municipality.
Section 4. Handling,
Transport, Processing and Disposal of Waste. The following rules and procedure is hereby adopted.
Section 5. Penalty
Provision. There
shall be a fine of TWO THOUSAND FIVE HUNDRED PESOS (PHP 2,500.00) and/ or an
imprisonment of FIVE DAYS (5) for any violation committed against this
ordinance.
Section 6. Separability
Clause. If for any
reason, any provision of this Ordinance is declared to be unconstitutional or
invalid, other provisions hereof not so affected shall continue to be in full
force and effect.
Section 7. Repealing
Clause. All
ordinances, rules and regulations as parts thereof which are inconsistent with
the provision of this ordinance are repealed or modified accordingly.
Section 8. Effectively. This Ordinance shall take effect
after approval by the Sangguniang Bayan and publication in a newspaper of local
circulation as provided under the Local Government Code of 1991 and Internal
Rules and Procedure of the Sanguniang Bayan.
Approved
– May 6, 2011
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NO. 11-05-0026
IMPOSING AN INCREASE OF
ONE PESO AND FIFTY CENTAVOS (P1.50) ON TRICYCLE FARE
(SPONSOR: HON. JEROME ALVIN B.
MONILLA)
WHEREAS, the BAUAN-TODA headed by its
President, Mr. Betring Bautista, requested this council on March 23, 2011 by
virtue of BAUAN –TODA KAPASYAHAN BILANG
01-2011 for a fare hike in the amount of TWO PESOS (P2.00);
WHEREAS, another letter dated April 26 duly
signed by all Presidents composing BAUAN TODA was endorsed to the Sangguniang
Bayan (SB) by the Local Chief Executive Mayor Ryanh Dolor on April 28, 2011;
WHEREAS, on May 10, 2011, a public
consultation regarding the said request was conducted by the SB’s Transport
Committee to hear the sentiments of all sectors in order to decide whether the
said request has merits to pass the approval of the Sangguniang Bayan;
NOW,
THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED by the Honorable Members of the
Sangguniang Bayan to pass and decree the following provisions of law. To wit;
Section 1. Scope. This ordinance shall be known as
imposing a One Peso and Fifty Centavos (P1.50) increase on Tricycle Fare.
Section 2. Minimum Fare. A minimum fare of NINE PESOS AND
FIFTY CENTAVOS (P9.50) is hereby imposed on the passengers of the following
routes:
1.
PLASSATODA ROUTE
2.
PANDATODA ROUTE
3. PMBK TODA ROUTE
4.
SAFTODA ROUTE
5. NURSERY POBLACION 2 TODA ROUTE
6. BSMPC TODA ROUTE
7. VMCG TODA ROUTE
Section 3. Privilege
Discount. A discount
of One Peso (P1.00) shall be given to both the students, persons with
disabilities (PWD) and senior citizens. An identification card shall be
presented to avail of the said discount. PWD’s, however, are not required to
present ID.
Section 4. Special
Trips. The same
minimum fare shall apply to special trips or trips carrying at least one
passenger.
Section 5. Violation. Any violation in the imposition or
application of the provisions of this ordinance shall be meted with a fine of
FIVE HUNDRED PESOS (P500.00) for the first offense or suspension or revocation
of franchise on the following offenses depending on the discretion of the
authorized government agency tasked by existing laws to run and manage the
tricycle operations in the concerned Local Government Unit.
Section 6. Repealing Clause. The approval of this ordinance shall
likewise repeal previous ordinances, executive orders, or rules and
regulations regarding the imposition of
minimum or increase in tricycle fares.
Section 7. Separability
Clause. If any part
of this ordinance shall be held unconstitutional or invalid, the other parts or
provisions hereof, which are not affected thereby shall continue to be in full
force and effect.
Section 8. This ordinance shall take effect
after approval and publication on a newspaper of local circulation.
Approved – May 20, 2011
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NO. 11-08-0034
BANNING THE USE OF NON-BIODEGRADABLE
PLASTIC
CARRY OUT BAG AND POLYSTYRENE FOAM AT
POINT OF SALE BY RETAIL/BUSINESS ESTABLISHMENTS IN THE MUNICIPALITY OF BAUAN
AND PROVIDING EDUCATION AND INCENTIVES FOR SHOPPERS TO USE REUSABLE BAGS AT
AFFECTED RETAIL/BUSINESS ESTABLISHMENTS IN THE MUNICIPALITY OF BAUAN
(AUTHOR: HON. WILLIAM C. ABRAHAN,)
(CO-AUTHORS: HON. PRESNEDY N. BACAL,
HON. NEIL P. VALDEZ AND HON. JULIAN C. CASAPAO)
WHEREAS, the Municipality
of Bauan has a duty to
protect the natural environment the economy and health of the citizens of the
town; and
WHEREAS, plastic shopping bags and polystyrene foams create
a significant litter problem in the Municipality
of Bauan; and
WHEREAS, plastic bags and polystyrene foams contaminate
recycling operations and are otherwise difficult to recycle due to the
logistics of sorting, contamination of inks, and the low quality of the plastic
used, resulting in an extremely low estimated recycling rate for plastic bags;
and
WHEREAS, retail outlet stores could educate and encourage
their customers to use environmentally preferable alternatives to
non-biodegradable plastic bags which are readily available, including reusable
cloth bags and paper bags; and
NOW,
THEREFORE, THE COUNCIL OF THE MUNICIPALITY
OF BAUAN DOES ORDAIN AS
FOLLOWS:
SECTION 1. DEFINITIONS
A. “Affected retail/business establishments” means
any retail and/or business establishments located within the geographical
limits of the Municipality
of Bauan.
B. “Compostable or biodegradable bag” means a carry
out bag that is certified and labeled as meeting the current standard as set by
the Department of Environment and Natural Resources (DENR) or by any authorized
government agency that has control over the said certification.
C. “Customer” means any person purchasing food or
other materials from an affected retail/business establishment.
D. “Operator” means a person in control of or
having daily responsibility for, the daily operation of an affected
retail/business establishment, which may include, but is not limited to, the
owner of the affected establishment.
E. “Plastic carry out bag” means a non-biodegradable
plastic bag provided by a store to a customer at the point of sale. These bags
are often referred to as “t-shirt” or “sando” bags.
F. “Recyclable Paper Bags” means a paper carry out
bag provided by an affected retail establishment to a customer at the point of
sale for purpose of transporting groceries or other goods and meet all the
requirements as verified and found in the standards set by the authorized
government agency.
G. “Reusable Bag” means a bag that is specifically
designed and manufactured for multiple reuse and is (1) made of cloth or other
machine washable fabric, or (2) made of other durable material suitable for
re-use.
H. “Polystyrene Foam” means as a petroleum based
plastic made from the styrene monomer. A lightweight material known as styro
foam to most of the people and is used in all types of products from cups to
plates that keep food and beverages intact and safe.
SECTION 2. PROHIBITED ACTS AND
REQUIREMENTS
A. Affected retail/business establishments are
prohibited from providing plastic carry out bags or selling of polystyrene
foams to their customers at the point of sale to transport items. Reusable
bags, recyclable paper bags and compostable or biodegradable bags, including
biodegradable plastic bags, are allowed alternatives.
B. Affected retail/business establishments are
strongly encouraged to provide incentives for the use of reusable bags through
the use of education and credits, rebates or tokens for individuals who bring
reusable bags.
C. If affected retail/business establishments choose
to use biodegradable plastic bags, they are encouraged to use the compostable
or biodegradable bags that are easily differentiated from non-biodegradable
plastic carry out bags, through color coding or other markings.
D. Nothing in this section shall be read to
preclude affected retail establishments from making compostable or
biodegradable bags available for sale or free to customers.
SECTION 3. LIABILITY AND ENFORCEMENT
A. The Municipal Mayor or his designee will have
primary responsibility for enforcement of this Ordinance. The Municipal Mayor
or his designee is authorized to promulgate regulations and to take any and all
other actions reasonable and necessary to enforce this Ordinance, including but
not limited to, entering the premises of any affected retail establishment to
verify compliance.
B. An affected retail/business establishment that
is operated in violation of any of the requirements of this Ordinance is deemed
a public nuisance and is subject to enforcement action pursuant to the
Municipal Ordinance. Penalties assessed for violations of this chapter are
specified herein.
SECTION 4. PENALTY
A. If the Municipal Mayor or his designee
determines that a violation of this Ordinance occurred, he/she will issue a
written warning notice to the operator of an affected retail establishment that
a violation has occurred.
B. If the affected retail establishment has
subsequent violations of the Ordinance, the following penalties will apply.
a. A fine, payable by the owner of the affected
retail establishment or the corporation itself in the amount of ONE THOUSAND PESOS (P1,000.00) for the first violation after the warning
notice is given.
b. A fine in the amount of ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) for the second
violation after the warning notice was given.
c. A fine in the amount of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) for the third or any
future violations after the warning notice was given.
C. Affected retail/business establishments may
request an administrative hearing to adjudicate any penalties issued under this
Ordinance by filing a written request with the Municipal Mayor, or his or her
designee. The Municipal Mayor, or his or her designee, promulgates standards
and procedures for requesting and conducting an administrative hearing under
this Ordinance. Any determination from the administrative hearing on penalties
issued under this Ordinance will be final and conclusive.
SECTION 5. CLINICAL, PERIODIC OR SPOT
INSPECTION FEES. There shall be a
fee of ONE HUNDRED PESOS (P100.00) Inspection Fees chargeable to the subject
establishments which fees shall be paid before the Municipal Treasury as
stipulated upon the inspection form presented by any official member of the
Monitoring Team.
SECTION 6. MONITORING TEAM. There shall be a monitoring team that shall conduct
a clinical, periodic or spot inspection to determine whether the subject
establishments are following the provisions of this ordinance. The said monitoring
team shall be created by an ordinance for which members shall be determined by
the chairman of the Committee on Environment who shall become the Chairman of
the herein provided Monitoring Team.
SECTION 7. DELEGATION OF AUTHORITY. The Chief Executive shall have the powers to
delegate such authority as maybe necessary to the members of the Monitoring
Team in an effort to ensure the success of the implementation of this
ordinance.
SECTION 8. EXEMPTIONS
A. No Retail/Business establishments in the Municipality of Bauan are exempt from this ordinance.
B. This Ordinance applies only to non-biodegradable
carry out plastic bags and polystyrene foams provided at the point of sale. The
provisions of this Ordinance do not apply to single use plastic/net bags
exclusively used to transport produce such as apples, oranges, grapes, carrots
and other similar fruits or vegetables to the point-of-sale counter of the
affected retail/business establishment.
SECTION 9. REPEAL CLAUSE
Nothing
in this Ordinance shall be interpreted or applied so as to create any
requirement, power or duty in conflict with the Philippine Constitution or any
other national or local laws.
SECTION 10. SEPARABILITY CLAUSE
If
any section, paragraph, sentence, clause, word or phrase of this ordinance is
for any reason held to be invalid or unenforceable by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining provisions
of this ordinance. The Council hereby declares that it would have passed this
ordinance and each section, paragraph, sentence, clause, word or phrase thereof
irrespective of any provision being declared unconstitutional or otherwise
invalid.
SECTION 11. EFFECTIVE DATE
This
ordinance shall take effect on September 17, 2011. The time between the
effective and the date of passage shall be an educational grace period.
Approved – August 10, 2011
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