EXCERPTS FROM THE MINUTES OF THE 58^TH REGULAR SESSION OF THE 6^th 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 AUGUST 22, 2017.

Present:

Hon. Luis Renir B. Burce                                      Acting City Vice Mayor &

President Pro-Tempore & Member,

Hon. Sheina Marie C. Onrubia                              Floor Leader & Member.

Hon. John Gio Ong-Bongao                                           Member,

Hon. Roderick P. Martirez                                             Member,

Hon. Arnaldo B. Bragais                                                Member,

Hon. Raul Roi B. Borejon                                              Member,

Hon. Oscar R. Rocha                                                     Member,

Hon. Julio C. Azada Chua, Jr.                                        Member,

Hon. Hector D. Rodriguez                                             Member,

Hon. Danilo C. Buenconsejo                                          Member, &

Hon. Preciocisima B. Tanggo (Pres., LMB)                    Member.

Absent:

N         O         N         E

On Official Business:

Hon. Nestor T. San Pablo                           City Vice Mayor & Presiding Officer.

Proponents:      HON. RAUL ROI B. BOREJON

HON. LUIS RENIR B. BURCE

City Ordinance No. 025- 2017

AN ORDINANCE REGULATING THE CONSTRUCTION OF SPEED HUMPS OR PLACING OF PROTUBERANCE ON PUBLIC ROADS WITHIN THE TERRITORIAL JURISDICTION OF TABACO CITY.

WHEREAS, Sec. 458, Paragraph 5, Subparagraph 7 of the Local Government Code of 1991 provides that “the Sangguniang Panlungsod shall approve ordinances which shall regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal and encroachments and illegal construction in public places;

WHEREAS, speed humps have recently become one of the most popular traffic calming measures in the country because they are effective in reducing speeds at minimal costs;

WHEREAS, various speed humps which do not comply with the standard designs and specifications were constructed on public roads within the City of Tabaco;

WHEREAS, said speed humps oftentimes obstruct the smooth flow of traffic and pose hazard to pedestrians;

WHEREAS, to avoid accidents especially during night time and to ensure efficient travel and passage of vehicles, there is a need to regulate the construction of humps on public roads within the City of Tabaco;

NOW, THEREFORE on motion of Hon. Borejon, duly seconded and subsequently approved by the body

BE IT ORDAINED, by the Sangguniang Panlungsod of Tabaco City in regular session assembled, that:

SECTION 1. SHORT TITLE. This ordinance shall be known as “Speed Humps Ordinance of Tabaco City”.

SECTION 2. PROHIBITED ACTS.  No person, natural or juridical, shall construct or cause the construction of any kind of humps on any public road within the territorial jurisdiction of Tabaco City without first securing a permit or approval from the City Engineering Office (CEO) and City Planning and Development Office (CPDO).

SECTION 3. DEFINITION OF TERMS. The terms as used in this ordinance shall be as follows:

1. Juridical Person – an artificial person having a personality created by law such as corporations, associations, institutions and the like as enumerated under Article 44 of the Civil Code of the Philippines.

1. Speed Hump – is a rounded traffic calming device placed across the road to reduce vehicle speed and volume on streets.

1. Truck route/ transit route – is used to designate a travel way more suited to larger vehicles.

SECTION 4. RULES AND REGULATIONS.

1. Any person, natural or juridical, desiring to construct speed humps on any public road within the City of Tabaco shall file an application for that purpose with the City Engineering Office (CEO) and City Planning and Development Office (CPDO) together with the Certificate of Concurrence form the Barangay Council of the Barangay where the speed humps is sought to be constructed/installed. Provided, in cases of hospitals and schools, the Chief of Hospital and Head of School, respectively, shall file the application.

2. Speed Humps will only be installed if one hundred percent (100%) of the home owners/residents immediately adjacent to the proposed speed humps (one vote per ownership) sign the petition request.

3. The following minimum criteria shall also govern the installation of speed humps in the City:
4. Speed humps will be available only on residential streets and on streets that have posted speed limit of twenty km per hour (20 km/ph.).
5. Speed humps will not be installed on any street designated as truck route or a transit route.
6. Speed humps should be installed on logical segments of local residential streets, separated from each other by approximately three hundred feet (300 ft.).
7. Speed humps will not be installed on any streets as to which there is, in the judgment of the CEO and CPDO, inadequate vertical and horizontal alignment and slight distances to allow for safe installation.
8. Speed humps will not be installed on any street that is a primary access route for emergency vehicles and would cause, in the judgment of the CEO and CPDO, unacceptable delay in response time to emergencies.
9. Upon receipt of the application, the CEO and CPDO shall, within fifteen (15) days, determine its merits based on the provisions in number 1, 2 and 3 of this section.
10. Upon approval of the application, the CEO and CPDO shall cause the construction of the speed humps.

6. The humps to be constructed or installed shall have the following specifications:
7. height – 7.5 cm to 10 cm;
8. width – 366 cm to 670 cm; and
9. length – 12 to 22 feet

An advance warning sign before and after each hump or the first hump or humps in series shall also be installed. Furthermore, said humps shall also be painted with yellow markings to enhance visibility.

7. The CEO and CPDO shall evaluate all existing humps and shall make proper recommendation for the alteration or demolition if found to be violative of the provisions of this ordinance.

8. Upon denial of the application by the CEO and the CPDO, the applicant may appeal the same to the City Mayor’s Office. The decision of the City Mayor shall be final and executory.

SECTION 5. FUNDING. Funds necessary for the implementation of this ordinance shall be provided under the Office of the City Engineering and shall be incorporated in the Annual Investment Plan (AIP) and Annual Budget of the City.

SECTION 6. PENALTIES. Any person, natural or juridical, who violates any provision of this ordinance shall be ordered to remove/demolish the road humps within fifteen (15) days. Failure to comply with the said order shall cause a fine of Five Thousand Pesos (₱ 5,000.00). Further, the City Engineering Office (CEO) will cause the alteration or demolition of the said road humps and the violator shall bear the expenses for the said alteration/demolition.

SECTION 7. SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this ordinance shall be declared unconstitutional by any competent authority, the remaining parts or provisions not affected thereby shall continue to be in full force and effect.

SECTION 8. REPEALING CLAUSE. Any orders, ordinances, rules and regulations, or part thereof which are inconsistent with this ordinance are hereby repealed of modified accordingly.

SECTION 9. EFFECTIVITY CLAUSE. This ordinance shall take effect fifteen (15) days immediately after publication in a newspaper of general circulation in Tabaco City.

APPROVED.

We hereby certify to the correctness of the foregoing Ordinance.

 (Sgd.)

                   RAUL ROI B. BOREJON                                                LUIS RENIR B. BURCE

                               Proponent                                                                        President Pro-Tempore

ATTESTED:

GLENDA B. PANTI

Secretary to the Sangguniang Panlungsod

                                                                                    APPROVED:

CIELO KRISEL LAGMAN-LUISTRO

City Mayor