EXCERPTS FROM THE MINUTES OF THE 64TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON OCTOBER 03, 2017.
Hon. Luis Renir B. Burce Acting City Vice Mayor,
President Pro-Tempore & Member,
Hon. Raul Roi B. Borejon Temporary Chairman to the Session & Member,
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member, &
Hon. Danilo C. Buenconsejo Member.
N O N E
On Official Business:
Hon. Preciocisima B. Tanggo (Pres., LMB) Member.
Acting City Mayor:
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Proponent: HON. LUIS RENIR B. BURCE
City Ordinance No. 029- 2017
AN ORDINANCE REGULATING PARADES, PUBLIC ASSEMBLY, AND OTHER SPECIAL EVENTS IN THE CITY OF TABACO.
SECTION 1. TITLE – This Ordinance shall be known as “PARADES, PUBLIC ASSEMBLY AND SPECIAL EVENTS REGULATION ORDINANCE OF THE CITY OF TABACO”.
SECTION 2. PURPOSE – This Ordinance is intended to regulate, through permitting of certain public events such as parades, motorcades, fun runs, public assemblies and other special events or affairs to be conducted on streets, avenues, sidewalks, bridges, alleys, parks, rights-of-way and other public places of the City of Tabaco for the protection of the health, welfare and safety of the general public.
SECTION 3. AUTHORITY – This Ordinance is enacted to implement the mandates of Section 16 (General Welfare), and Article III, Section 458 (5) (v) and (vi), of Republic Act 7160, otherwise known as the Local Government Code (LGC) of the Philippines.
SECTION 4. DEFINITION OF TERMS – As used in this Ordinance, the following terms shall be defined as follows:
- Parade – shall mean any march, motorcade, caravan, promenade, cavalcade, fun run/ walkathon, or other similar activities consisting of persons, animals, vehicles, floats or a combination thereof, upon any public streets, avenue, sidewalk, alley, and other public place within the City of Tabaco, with an intent of attracting public attention that interferes with the normal flow or regulation of traffic.
- Permit – shall mean an official document giving someone authorization to do something or giving authority or consent to someone to do something. An approved application as used in this Ordinance shall serve as a permit.
- Person –shall mean any individual or person, firm, partnership, association, corporation, institution, company or organization of any kind.
- Public Assembly – an assembly or gathering of persons or group of persons upon any public street, sidewalk, alley, and other public place for a common purpose as a result of prior planning which impedes or tends to impede pedestrian or vehicular traffic including but not limited to carnivals, concerts, beer plazas, rallies, demonstrations, fireworks displays and presentations.
- Special Event – shall mean any competitive activity consisting of running or walking or biking, races, relays, marathon or other athletic type of activities, on any public street, avenue, sidewalk, alley, and other public place within the City of Tabaco.
- Freedom Park – shall mean the public plaza in the meantime that freedom park, which is centrally located within the Poblacion, is not yet determined and designated by the Sanggunian.
SECTION 5. PERMIT – It shall be unlawful for any person to conduct a parade, public assembly and/or other special events in or upon any public streets, sidewalk, avenue, alley or other public place within the City or knowingly participate in any such event, unless or until a permit to conduct such parade, public assembly and other special event has been obtained from the Office of the City Mayor. However, no permit shall be required if the public assembly, which constitutes an exercise of the right of freedom of speech and the right to peaceably assemble to petition the government for redress of grievances shall be done or made in a freedom park herein defined and constituted. In the latter case, the only requirement will be written notices to the police and the Mayor’s Office to allow proper coordination and orderly activities.
5.1 Any person who desires to conduct parade, public assembly or special event, shall apply for a permit at least five (5) calendar days before the date of the proposed event in the Office of the City Mayor.
5.2 The City Mayor may consider any application for a permit to conduct parade, public assembly or special event which is filed less than five (5) days prior to the date of such event.
5.3 The application for a permit shall be made in writing in a form approved by the City Mayor. The application shall contain the following information:
- The name, address and telephone number of the applicant;
- The name, address and telephone number of the person/persons, corporation or association, institution sponsoring the activity, if any;
- A statement indicating the purpose of the event;
- The days and hours for which the permit is intended;
- The expected time frame from the start up to the end of the event or events;
- If an admission fee is required, indicate the corresponding amount;
- The park, public area or portion thereof for which such permit is desired;
- An estimate of the anticipated attendance;
- A description of facilities and equipment to be utilized, including the number of pieces of equipment for music or other devices for the amplification of sound and the proposed location of the same;
- A statement indicating any private security personnel who will be engaged by the applicant to guard on the site;
- A sketch showing the portion of park, public area, street or streets requested to be closed, if any;
- The location of parking area for motor vehicles and the means of ingress and egress to such parking areas;
- Other information which the City Mayor shall find reasonably necessary to be included in order to make a fair determination as to why a permit should be issued;
- In case of parades, motorcades, fun run and similar events, provide the location of the assembly area, location of the disbanding area, the route to be traveled, and the approximate time when the event will assemble, start and terminate; provide a description of the number and type of individual floats, marching units, vehicles and bands; the maximum length of such parades or motorcade in kilometers or a fraction thereof; and the maximum and minimum speed;
- In case there is a need for an Ambulance for parades, motorcades, fun run and similar events, request is to be provided the permittee to the City Disaster Risk Reduction Management Office (CDRRMO) for reservation and standby of ambulance unit; and
- In case of Fire Drills, the Bureau of Fire Protection (BFP) and concerned Office of the City shall closely coordinate with the Public Safety Office (PSO) for possible closing of road networks temporarily and identification of alternative route in case the same will be conducted in the major thoroughfares or may affect the traffic flow of the major streets of the City.
SECTION 6. ACTION TO BE TAKEN ON THE APPLICATION – The Mayor or any official acting in this behalf shall issue or grant permit unless there is a clear and convincing evidence that the public assembly will create a clear and present danger to public order, public safety, public convenience, public morals or public health.
6.1. The Mayor or any official acting in his behalf shall act on the application within two (2) working days from the date the application was filed, failing which, the permit shall be deemed granted. Should for any reason the Mayor or any official acting in his behalf refuse to accept the application for a permit, said application shall be posted by the applicant on the premises of the Office of the Mayor and shall be deemed to have been filed.
6.2. The applicant must be immediately informed and be heard on the matter if the Mayor or any official acting in his behalf believes that there is imminent and grave danger of a substantive evil warranting the denial or modification of the permit.
SECTION 7. PERMIT AND IMPOSITION OF FEE FOR CONDUCT OF GROUP ACTIVITY – Except when the activity is an exercise of the right of freedom of speech and the right to peaceably assemble to petition the government for redress of grievances, every person, as defined under this Ordinance, who shall conduct, or hold any program or activity involving the grouping of people within the jurisdiction of this City, shall obtain a Mayor’s permit therefore for every occasion of not more than five (5) calendar days and shall pay the City Treasurer the corresponding fee in the following schedule:
- Conferences, meetings, rallies and One Thousand Pesos (₱ 1,000.00)
demonstration in parks
City plaza, in front of the city mall,
roads or streets
- Social Three Hundred Pesos (₱ 300.00)
- Benefit Five Hundred Pesos (₱ 500.00)
- Coronation and Ball Five Hundred Pesos (₱ 500.00)
- Promotional Sales Five Hundred Pesos (₱ 500.00)
- Other Group Activities Five Hundred Pesos (₱ 500.00)
7.1. Provided further, that the person, or group of persons obtaining such permit shall indicate thereto the specific name of the public place, such as but not limited to the city terrace, city plaza, city mall, public market, streets and alleys within the vicinity of the city proper, intended for the purpose of the conduct of such activity.
7.2. Fun runs, races, relays, and other similar activities conducted by schools, public or private schools especially the pre- schools shall be exempted from payment of charges.
7.3. The fee imposed in this section shall be paid to the City Treasurer upon filing of application for permit with the City Mayor.
7.4. The Permittee shall furnish a copy of Permit issued by the City Mayor to the Office of the Chief of Police.
7.5. All parades as defined in this Ordinance must be applied free of charge. For public assembly and special event as defined under Section 4 (d) and (e), a non-refundable fee respectively shall be collected as administrative costs.
SECTION 8. TIME, PLACE, AND MANNER OF RESTRICTIONS – The following prohibitions and regulations shall apply to activities requiring permits:
8.1 It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly permitted activity requiring a permit to knowingly fail to comply with any of the condition of the permit.
8.2 No permit shall be issued for an activity during hours that commence before six o’clock in the morning (6:00 AM) up to seven o’clock in the morning (7:00 AM), and from four o’clock in the afternoon (4:00 PM) to six o’clock in the evening (6:00 PM); except those activities conducted in the early morning which involve athletic activities such as but not limited to fun runs, walkathon, bike-a-thon, triathlon, racing, relays and similar activities conducted in the early morning before sunrise.
8.3 Parades, special events or public assembly and any similar activities, requiring permit shall be granted by the City Mayor on a first come, first served basis.
8.4. All parade participants shall assemble at the time and location designated in the parade permit and shall disperse from the parade route immediately after the conclusion of the parade.
8.5. The maximum time necessary for completion of the activities requiring a permit may not exceed five (5) hours unless otherwise authorized by the City Mayor. And a corresponding fee of one hundred pesos (₱ 100.00) per hour shall be charged for the extension of time for the activity. City street setup and detachment, including barricades, shall not be included in the five (5) hour activity time limit.
8.6. The organizers of the activity shall assure that participants are not in possession of firearms or other deadly weapon, nor intend to engage in violence or any other unlawful conduct, and do not intend to incite others to do so.
8.7. The permit may limit or condition the number of participants, the length of the event, the time and location, or the manner of the event when necessary to prevent violence; to avoid interference with movement of police or fire vehicles or ambulances and where such limitations or conditions provide ample opportunity for the exercise of protected rights.
SECTION 9. PARKING ON PARADE ROUTES AND ON ANY SPECIAL OCCASION – The Public Safety Office (PSO) is hereby authorized, whenever in its judgment, it is necessary to prohibit or restrict the parking of any vehicle on either or both sides of any street or portion thereof, constituting a part of the route of a parade or a procession, or on any special occasion, and also on any street adjacent thereto by placement or posting of temporary signs setting forth such restrictions. When signs are placed or posted prior to the parade, procession or special occasion, it shall be unlawful to park or leave unattended any vehicle in violation of such signs.
The Traffic Enforcer or Police assigned in the area is hereby authorized to remove or cause to be removed, any vehicle left unattended or parked in violation of such signs at the owner’s expense.
SECTION 10. POLICE PROTECTION – The City Mayor with the assistance of the Public Safety Office (PSO) shall determine as to what extent additional police protection is reasonably needed for the parade, public assembly or special event for traffic control and public safety. The City Mayor shall base this decision on the size, location, duration, time and date of the event, the number of streets and intersections to be blocked, and the need to detour or preempt citizens’ travel and use of the streets and sidewalks.
The Public Safety Office (PSO) shall determine if the activity will in any way disrupt traffic in its route and determine further if such activity is a violation of any Law or City Ordinance.
The Public Safety Office (PSO) shall coordinate with the Permit and Licensing Unit regarding the said activity, to assess if there is an objection and duplication in the conduct of said activity.
If additional police protection for the Public Assembly is necessary, the City Mayor shall so inform the applicant for the Permit. The applicant then shall have the duty to secure the police protection deemed necessary by the City Mayor at the sole expense of the applicant.
SECTION 11. NON-DISCRIMINATION – The City Mayor shall uniformly consider each application upon its merits and shall not discriminate in approving or denying Permits based upon political, religious, ethnic, race, disability or gender related grounds.
SECTION 12. EXCLUSION – The provision of this Ordinance shall not apply to religious processions during holy week and Santa Cruzan, funeral processions, military police convoy and visitors or dignitaries requiring military or police convoy. Provided that the Punong barangays shall closely coordinate with the Public Safety Office (PSO) on the conduct of religious processions of their respective barangays during the month of May in observance of the Santa Cruzan celebration.
12.1. Funeral processions along Ziga Avenue should be held within the center of the roadway following the broken line. Owner of funeral parlors/homes/centers shall closely coordinate with the Office of the Punong Barangay and the Public Safety Office (PSO) five (5) days prior to the conduct of the procession for traffic enforcers’ assistance and to assess the traffic impact generated by the procession for determination of possible alternate route.
12.2. The Public Safety Office (PSO) shall formulate rules and regulations, designate portions of the streets, avenues, and alleys to be utilized during funeral, religious processions and Santa Cruzan celebration, which include religious processions during holy week.
12.3. Programs or activities requiring admission fees for attendance shall be subject to the fees herein imposed even if they are conducted by exempt entities.
SECTION 13. ADMINISTRATIVE PROVISION – The Public Safety Office (PSO), in cooperation with other concerned agency shall be the lead office of the City to implement the provisions of this Ordinance.
13.1. The PSO shall be the advisory Office of the City Mayor in granting and denying of Permit, and likewise perform other functions may arise or may be assigned by the City Mayor concerning the implementation of this Ordinance.
13.2. The PSO shall formulate measures to require violators of this Ordinance through a demand letter as to why they should not be stopped in proceeding with their activity in addition to payment of the corresponding penalty
13.3. A copy of every permit issued by the City Mayor shall be furnished to the Chief of Police or Station Commander of the Philippine National Police (PNP) of the City who shall assign police officers to the venue of the program or activity to help maintain peace and order.
SECTION 14. COMPLIANCE WITH PERTINENT LAWS – Issuance of Permit under this Ordinance does not relieve the applicant of the responsibility to comply with all other existing and applicable ordinances of the City, such as but not limited to Solid Waste Management Ordinance, Air and Noise Pollution Management Ordinance, Anti-Smoking Ordinance, and other laws, rules and regulations, and shall obtain required permits and licenses necessary for the event.
SECTION 15. PENALTY CLAUSE – Any person violating any provision of this Ordinance shall be penalized in the following manner:
- First Offense One Thousand Pesos (₱ 1,000.00)
- Second Offense Two Thousand Pesos (₱ 2,000.00)
- Third and succeeding offenses Five Thousand Pesos (₱ 5,000.00)
The Public Safety Office (PSO) shall state guidelines to apprehend parties who shall proceed, is about to proceed or is in the act of conducting the said activity without the necessary permit required by this Ordinance for the conduct of the said activity.
SECTION 16. REPEALING CLAUSE – All ordinances or parts of ordinance, law, memorandum orders, circulars, rules and regulations, which is in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 17. SEPARABILITY CLAUSE – Should any section, clause, or provision of this Ordinance be declared invalid by a court of competent jurisdiction, it shall not affect the validity of the remaining portions of this Ordinance.
SECTION 18. EFFECTIVITY CLAUSE – This Ordinance shall take effect immediately fifteen (15) days following the completion of its publication in at least two (2) local newspapers of general circulation within the premises of Tabaco City.
We hereby certify to the correctness of the foregoing Ordinance.
LUIS RENIR B. BURCE RAUL ROI B. BOREJON
Proponent Temporary Chairman to the Session
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
NESTOR T. SAN PABLO
Acting City Mayor