Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14" Sangguniang Panlungsod 18Regular Session Series of 2017 AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR ‘SESSION HELD AT THE SP SESSION HALL ON MAY 11, 2017 ENT: Honorable Jose S, Aquino II - City Vice Mayor Presiding Officer Honorable Glenn C. Carampatana - Member Honorable Ferdinand E. Nalcot - Member Honorable Rema E. Burdeos - Member Honorable Derrick A. Plaza - Member Honorable Joseph Omar O. Andaya - Member Honorable Cherry May G. Busa -Member Honorable Vincent Rizal C, Rosario - Member Honorable Ehrnest John C. Sanchez - Member ON OFFICIAL BUSINESS: Honorable John Gil S. Unay, Sr. ~ Member (in Davao City) ABSENT: Honorable Cromwell P. Nortega - Member The meeting was called to order at exactly 10:45 in the morning. SP ORDINANCE NO. 5286-2017 AN ORDINANCE REVISING SP ORDINANCE 2591-2005 ENTITLED, “AN ORDINANCE AUTHORIZING THE IMPOUNDING OF BICYCLES, PEDICABS, MOTORIZED TRICYCLES AND MOTORIZED TRISIKAD APPREHENDED FOR ILLEGAL OPERATIONS, AND FOR OTHER PURPOSES” Be it ordained by the Honorable Sangguniang Panlungsod of Butuan City in session assembled and by authority of the same that:Page two SP Ord, No. 5286-2017, cont'd. SECTION 1. TITLE. This Ordinance shall be known as “AN ORDINANCE AUTHORIZING THE IMPOUNDING OF MOTOR VEHICLES INCLUDING BICYCLES, PEDICABS, AND MOTORIZED TRICYCLES FOR ILLEGAL PARKING, FOR OPERATING WITHOUT THE NECESSARY PERMIT (COLORUMS) AND FOR FAILURE TO CARRY A DRIVER'S LICENSE WITH THEIR CERTIFICATE OF REGISTRATION AND UPDATED OFFICIAL RECEIPT, AND FOR OTHER PURPOSES”. SECTION 2. DEFINITION OF TERMS. For purposes of this Ordinance, the following words and phrases shall mean: a. MOTOR VEHICLES - any vehicle propelled by any power other than muscular power using the public highways, but exempting road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle shall be classified as separate motor vehicle with no power rating, b. BICYCLE ~ a vehicle composed of two wheels held in a frame one behind the other, propelled by pedals and steered with handle bars attached to the front wheel. c. PEDICAB~a small pedal operated vehicle, used as a public or private transport. d. MOTORIZED TRICYCLE- a three-wheeled vehicle based on the same technology as bicycles or motorcycles, and powered by electric motors, motorcycles, scooter or car engines, which is commonly used as public transport. e. ILLEGAL PARKING - the act of parking vehicles in an illegal or restricted area such as fire zone, where signs are posted, in crosswalks, on sidewalks, or blocking a fire hydrant as dictated by area traffic laws. £ COLORUMS - refers to those public-utility vehicles that don’t have the necessary permit to operate in a specific route, or those that don’t have a legitimate LTFRB permit. g. DRIVERS LICENSE ~ a document issued by the Land Transportation Office (LTO) permitting a person to operate a motor vehicle. h. OFFICIAL RECEIPT — a document renewed annually issued by the Land ‘Transportation Office (LTO) evidencing payment of annual registration of a motor vehicle. i. CERTIFICATE OF REGISTRATION - a document issued by the Land Transportation Office (LTO) which serves as an evidence of ownership, registration and authority to operate a motor vehicle. SECTION 3. ILLEGAL PARKING. The following shall be subjected to impounding: a. Vehicles parked in a place where a “NO PARKING” sign is affixed;Page three ‘SP Ord. No. 5286-2017, cont'd b. ° ee Pome Vehicles parked within six (6) meters of any intersection or any curbed lane; Vehicles parked within four (4) meters of driveways or entrances to fire stations, hospitals, clinic and other similar establishments; Vehicles parked within four (4) meters of fire hydrants; Vehicles parked on the roadside of any parked vehicle and a vehicle not in motion; Vehicles parked on crosswalks or pedestrian lanes; Vehicles parked in front of a private driveway; Vehicles parked on sidewalks, paths and alleys not intended for parking; and Vehicles parked on or near bridges. SECTION 4, OTHER GROUND FOR IMPOUNDING. The following shall be subjected to impounding: a b. c. Vehicles operated without the necessary permit or otherwise classified as “Colorum” as defined under Section 2 of this Ordinance. Vehicles operated by drivers who failed to carry a valid Driver's License. Vehicles operated by drivers who failed to carry a Certificate of Registration and updated Official Receipt. SECTION 5. An impounding fee shall be collected from apprehended vehicles subject to the following schedule: a. Public Utility Van (PUV) - Five Hundred Pesos (P500.00) / day b. Public Utility Jeepney (PUJ) ~ Four Hundred Pesos (P400.00) / day c. Trucks and other types of vehicle - Five Hundred Pesos (P500.00) / day d, Pedicab and Single Bicycle = One Hundred Pesos (P100.00) / day e, Motorized Trisikad and single Motorcycle - Two Hundred Pesos (P200.00) / day f. Motorized Tricycle - Three Hundred Pesos (P300.00) /day SECTION 6. The operators and/or drivers of the impounded vehicle shall be given Five (5) days from the date of impounding to redeem their vehicles. A daily storage fee shall then be collected after Five (5) days subject to the following schedule: saerPp f. Public Utility Van (PUY) - Five Hundred Pesos (P500.00) / day Public Utility Jeepney (PUJ) ~ Four Hundred Pesos (P400.00) / day ‘Trucks and other types of vehicle _- Five Hundred Pesos (PS00.00) / day Pedicab and Single Bicycle - Fifty Pesos (P50.00)/ day Motorized Trisikad and single Motoreycle - Seventy-Five Pesos (P75.00) / day Motorized Tricycle = One Hundred Pesos (P100.00) / day SECTION 7. The following towing fee shall be collected: a, Trucks = Two Thousand Pesos (P2,000.00) b. Public Utility Jeepney (PUJ) and Public Utility Van (PUV) _ - One Thousand Pesos (P1,000.00) ¢. Motorized Trisikad, Motorized Tricycle and single Motoreycle - Five Hundred Pesos (P500.00) d. Pedicab and Single Bicycle - Two Hundred pesos (P200.00) SECTION 8. An impounding pen shall be provided at the LTTMO Compound, Butuan City.SECTION 9. The Land Transportation and Traffic Management Office (LTTMO) and the Chief of Civil Security Unit shall be the official custodians of all impounded vehicles. They shall keep an inventory of the items confiscated and disposed of in accordance with the established standard operating procedures. They may deputize personnel to assist them in their functions. SECTION 10. After a lapse of 90 days or 3 months, impounded vehicles not redeemed within the prescribed period shall be confiscated in favor of the government and shall be disposed thru public auction through the City Treasurer's Auction Sale. Funds collected as cost of disposal shall accrue to the General Fund of the City Government as miscellaneous income. SECTION 11. REPEALING CLAUSE. Other Resolutions and Ordinances which are inconsistent with any of the provisions of this Ordinance are hereby amended, repealed and/or modified accordingly. SECTION 12. EFFECTIVITY CLAUSE. This Ordinance shall take effect after its approval and compliance of the required posting and publication as provided in Section 511 of R.A. 7160 or the Local Government Code of 1991. LET COPIES of this Ordinance be furnished to the concemed implementing agencies. Unanimously Approved Date Enacted: May 11, 2017 APPROVED: JOSE S. AQUINO II City Vice Mayor Presiding Officer ATTESTED: A RA B. CABALLES,, City Government Department Head II City Secretary Author : Hon. Ehrnest John C. Sanch Movant: Hon. Ehrnest John C. Sanchez Seconder _: Hon. Ferdinand E. Nalcot