LAOAG CITY ORDINANCE NO. 2013-066 (THE FIRE AND PYROTECHNIC ZONE OF LAOAG CITY)

Republic of the Philippines

Province of Ilocos Norte

CITY OF LAOAG

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE RECORD OF PROCEEDINGS OF THE 19th regular SESSION OF THE 9th SANGGUNIANG PANLUNGSOD OF LAOAG HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON NOVEMBER 25, 2013.

PRESENT:

Hon. Michael V. Fariñas        City Vice-Mayor/Presiding Officer

Hon. Jeff Ericson P. Fariñas   S.P. Member

Hon. Sonia B. Siazon              S.P. Member

Hon. Franklin Dante A. Respicio    S.P. Member

Hon. Derick B. Lao                          S.P. Member

Hon. Shirley Ong Sin             S.P. Member

Hon. Joseph H. Tamayo                  S.P. Member

Hon. Edison H. Bonoan                   S.P. Member

Hon. Ferdinand L. Domingo           S.P. Member

Hon. Edison U. Chua              S.P. Member

Hon. Rudys Caesar G. Fariñas II      S.P. Member (ABC Rep.)

Hon. Gabriel Victor S. Maulit                   S.P. Member (SK Rep.)

ABSENT:

Hon. Donald G. Nicolas         S.P. Member (Travel Abroad)

  

WHEREAS. Memorandum Circular No. 2012-193 dated December 6, 2012, signed by the Honorable Secretary of the Department of the Interiors and Local Governments (DILG)   that reiterates and conveys to  all Local Government Units to consider implementing the earlier MC No. 2010-048 which is “Regulating the sale Manufacture, distribution and use of Firecrackers, Polyvinyl Pipe or “BOGA” and other Pyrotechnic Devices.”

   WHEREAS, every Yuletide Season, particularly on New Year’s eve, it has become a part of the Filipino tradition to welcome the new year in full jubilation and with a “big bang” using various kinds of fireworks;

   WHEREAS, national records show that great dangers and disastrous events can happen if there is an uncontrolled and improper management  on the sale, distribution and use of powerful and dangerous fireworks; and,

   WHEREAS, in the City of Laoag, the yuletide season of each year is an opportunity which dynamic entrepreneurs do not want to go by without taking advantage of the huge profits that is gained in business undertakings, a situation where fireworks of various kinds are sold almost everywhere, anywhere which, can place many things such as public safety in jeopardy; and.

   WHEREAS, The City Government has to adopt measures based on MC No. 2010-0148 and MC No. 2012-193 and as provided under RA 7183, with all noble intentions of promoting and ensuring public safety, and measures that can somehow mitigate the dangers of the improper disposal, sale of various kinds of pyrotechnics,

   NOW THEREFORE, upon motion of the Hon. JOSEPH H. TAMAYO, duly seconded by Hon. Edison A. Bonoan, the Body with the members present in Session

   RESOLVE, as it is hereby resolved to pass and approve

CITY ORDINANCE NO. 2013-066

Series of 2013

ORDINANCE IDENTIFYING AND ESTABLISHING THE NORTHERN AREA UNDER THE BRIDGE OF LAOAG TO INCLUDE A PORTION OF JUAN LUNA STREET (back of the Holy Spirit Academy of Laoag) AS THE FIRE AND PYROTECHNIC ZONE of LAOAG CITY (for a period limited to the Yuletide Season each year) FOR PLYING TRADE IN REGARD TO THE SALE / DISTRIBUTION OF VARIOUS KINDS OF FIREWORKS/PYROTECHNICS; AND, THAT NO OTHER AREAS IN LAOAG CITY SHALL BE USED FOR THE SAME PURPOSE, PROVIDING PENALTIES IN VIOLATION HEREOF.

   Be It Ordained that: -

   Section 1.  The NORTHERN AREA UNDER THE BRIDGE OF LAOAG TO INCLUDE A PORTION OF JUAN LUNA STREET (back of the HSAL, Laoag) is identified and established as the FIRE AND PYROTECHNIC ZONE of Laoag City (for a period limited to the Yuletide Season each year)   for plying trade in regard to the sale / distribution of various kinds of fireworks/pyrotechnics; and, that no other areas in Laoag City shall be used for the same purpose.

   Section 2.  PROHIBITION(s).

   2. a. No one shall be allowed to ply trade in the area without the proper permit to  operate business in the area without the corresponding license or business permit  to operate.

   2. b. No permanent structures shall be constructed in the designated area.

   2. c. No one shall exceed more than the space provided, allowed by or defined by the  terms and conditions governed in the permit to operate business or set by duly  authorized offices.

   2. d.  Smoking within the area shall be strictly prohibited.

   Section 3. SAFETY MEASURES. The following safety / precautionary measures shall be observed:

   3. a. Members of the PNP, several personnel from the Department of Public Safety as well as deputized Barangay Peace and Safety Officers (Barangay Tanods) shall be  deployed in the area to ensure that order, rules are observed.

   3. b. Relevant signages shall be put in strategic places within the area as reminders that Safety shall be observed at all times.

   3. c.  When and where possible, the DPS Ambulance with its personnel on duty, as well  as the mini fire truck of the BFP, Laoag City shall be stationed in an area nearby for  the duration of the period of operation granted by the city government.         

  

Section 4. PENAL PROVISION. In violation of this Ordinance, the following penalty shall apply

   4. a. For individuals who are selling outside the prescribed area the items mentioned in this ordinance:

          4.a.1.  First Offense – outright confiscation of all pyrotechnics / firecrackers / fireworks that are in the possession of the individual.

          4.a.2. Second and Final Offense - outright confiscation of all pyrotechnics / And or imprisonment of not less than two (2) days but not more than five (5) days depending upon the decision of the civil courts.

   4. b. For owners of business establishments who maintain/own a structure caught selling pyrotechnics / fire crackers Fireworks outside the prescribed area:

          4.b.1. First Offense – outright confiscation of all pyrotechnics / firecrackers / Fireworks that are in the possession of the entity and a fine of  Php1,500.00.

          4.b.2. Second Offense - outright confiscation of all pyrotechnics / firecrackers / fireworks that are in the possession of the establishment and a fine of  Php3,000.00

          4.b.3. Third Offense - outright confiscation of all pyrotechnics / firecrackers / fireworks that are in the possession of the establishment and a fine of  Php5,000.00.

   Section 5. IMPLEMENTATION.

   5.a.  This Ordinance shall be Implemented by the Local Chief Executive with the  PNP and other law enforcement agencies.

   5.b.  The Barangay Chairmen and the BPSOs of the Barangays that have jurisdiction over  the location of the FIRE AND PYROTECHNIC ZONE shall be activated and deputized  to monitor, apprehend violators of this Ordinance.

   Section 6. EFFECTIVITY CLAUSE. This Ordinance shall take effect immediately upon approval.

   Section 7. SEPARABILITY CLAUSE. If any part of this Ordinance is declared juridically as unconstitutional or unlawful, such declaration shall not affect the other parts or sections hereof that are lawful and constitutional.

  

Section 8. REPEALING CLAUSE. All Ordinances, resolutions, motions, legal orders and other issuances inconsistent with this Ordinance shall be deemed repealed, modified or amended accordingly.

Carried

   Approved this 25th day of November, 2013, by the members of the Sangguniang Panlungsod present with the following votes:

Those in favor:  J.E. P. Fariñas, Siazon, Respicio, Lao, Ong Sin, Tamayo, Bonoan, Domingo, Chua, R.C.G. Fariñas II, Maulit.

Nays:  N o n e

Abstentions:  N o n e

   I HEREBY CERTIFY that the foregoing is a true, correct, and faithful excerpt from the Record of Proceedings of the 19th Regular Session of the 9th Sangguniang Panlungsod held at the Sangguniang Panlungsod Session Hall, Laoag City on November 25, 2013.

(SGD)ENRICO A. AURELIO

Secretary to the Sanggunian

Attested:

(SGD) MICHAEL V. FARIÑAS

City Vice-Mayor/Presiding Officer

Approved: (Dec. 2, 2013)_

(SGD) CHEVYLLE V. FARIÑAS

City Mayor