Dag city 0-482 ORDINANCE INSTITUTING CERTAIN SECURITY MEASURES FOR THE PROTECTION OF THE LIVES AND PROPERTY OF DAGUPEÑOS AND PROVIDING PENALTIES THEREFOR FOR NON-OBSERVANCE WHEREAS, Article III, Section 458 (a), paragraph 1, subparagraph (ii) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, empowers the local sanggunian to “maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for violation of said ordinances;” WHEREAS, there is a new wave of committing crime against persons or property with the use of two-wheel motor vehicles perpetrated by two or more people riding in tandem providing convenience that facilitate escape and hiding their identities with the use of full face helmet; WHEREAS, it has also been noted that crimes against person and property such as robberies, holdups, burglaries, snatching and sometimes rape, are being likewise committed not necessarily in banking institutions and their environs but more often in other business establishments as well such as schools and universities, shopping malls, restaurants, hotels and motels, supermarkets and gasoline stations, and other high risk businesses; WHEREFORE, on motion of Councilor Joey Netu B. Tamayo, duly seconded by___________________________, the following is hereby adopted as a measure of protection and security of people who sojourn in the City of Dagupan: Section 1. Title. This Ordinance shall be known as ORDINANCE INSTITUTING CERTAIN SECURITY MEASURES FOR THE PROTECTION OF THE LIVES AND PROPERTY OF DAGUPEÑOS AND PROVIDING PENALTIES THEREFOR FOR NON-OBSERVANCE. Section 2. Definition of Terms. 1. Motor vehicle - any vehicle propelled by gasoline or diesel engine constructed principally for the conveyance of persons or for the transport of goods and other movable properties in public highways, roadways or streets; 2. Highway, Roadway or Street - refers to any national, city or barangay road or passage way where motor vehicles can pass; 3. Driver/operator – refers to the person who mounts the vehicle and operates the same. 4. Back rider – refers to the person or persons who mount the motor vehicle behind its driver; 5. Standard protective motorcycle helmets – appropriate types of helmets for motorcycle riders and back riders that comply with the specifications issued by the Department of Trade and Industry (DTI) which meets designated safety standards. (ref. Motorcycle Helmet Act of 2009 (R.A. No. 10054) 6. Closed Circuit Television (CCTV) Camera- a television system in which signals are not publicly distributed but are monitored, primarily for surveillance and security purposes which relies on strategic placement of cameras, and observation of the cameras input on monitors somewhere. 7. High risk businesses – covers establishments such as, but not limited to, jewelry stores, pawnshops, money couriers, wire transfer services, hospitality establishments, Philippine Amusement and Gaming Corp. outlets, nightclubs, KTV bars, health clubs, massage parlors, and all others deemed as such by the One Stop Shop Business Center (OSBC). Section 3. – Scope and Coverage of this Ordinance. – This ordinance shall cover all single type motor vehicles, privately operated, passenger or owner driven, whether registered at the local Land Transportation Office or elsewhere in the country as long as they traverse any highway, road or street within the territorial jurisdiction of the City of Dagupan, as well as all business establishments/enterprises located and registered therein; Section 4. All motorcycle riders, including drivers and back riders, who are required to wear standard protective motorcycle helmets while driving in any type of road and highway pursuant to Section 3, Republic Act. No. 10054 are hereby required to remove their helmets upon entering and while within the city limits of Dagupan City to identify themselves and submit to a reasonable search by authorized Philippine National Police (PNP) personnel. Wearing of bonnets shall likewise be regulated in the same manner, either worn alone or underneath a helmet. For this purpose, resistance or refusal by the driver or back rider to remove the helmet and/or bonnets worn or to submit to a search of the moving vehicle, upon demand by a PNP personnel shall be punished with the following penalties, to wit: First Offense: P 200 fine Second Offense: P 300 fine Third Offense and subsequent offense P 500 plus imprisonment as the court may deem proper. Section 5. Amending Section 4 of Ordinance No. 1922-2008, “Providing for Supplementary Rules on the use of Motorcycle Helmets,” Section 4 of Ordinance No. 1922-2008, “Providing for Supplementary Rules on the use of Motorcycle Helmets” reading in full s follows: “Section 4. EXEMPTIONS. The motorcycle drivers and their passengers are exempted from wearing helmet during authorized parades and processions provided that the moving motorcycle has a speed limit below fifteen (15) kilometer per hour. Failure of the driver to observe speed limit is punished by One Thousand Five Hundred Pesos (Php1,500.00)”. The above-cited section shall be amended as follows: Section 4. EXEMPTIONS ON THE USE OF HELMET, PENALTY AND ENFORCEMENT AUTHORITY. a. EXEMPTIONS ON THE USE OF HELMET. The motorcycle drivers and their passengers are exempted from wearing helmet during authorized parades and processions. They are likewise mandated to remove the same at authorized checkpoints by law enforcement agencies; provided that motor vehicle riders with speed limit below 15 kph are likewise exempt from wearing helmets at the Central Business District, including but not limited to: Caranglaan, Mayombo, M.H del Pilar, Arellano, A.B. Fernandez East and West, Pantal, Bonuan Gueset, Tapuac, Lucao, Perez Boulevard, Guilig, Malued, and such other areas hereafter identified as economically viable for growth . b. PENALTY. In case of violation of Section 4 of this Ordinance, the driver’s license shall be confiscated by the apprehending officer. The erring driver shall also be fined with a penalty of One Thousand Five Hundred Pesos (Php 1,500.00) as evidenced by a Citation Ticket. The fine imposed shall be payable to the City Treasurer’s Office within three (3) days or seventy two (72) hours from the date of the issuance of the Citation Ticket. Upon payment of the required fine, the driver’s license shall be released immediately. However, if after three (3) days, no penalty payment was tendered, the corresponding case for violation of the City Ordinance shall be filed in the Municipal Trial Court for appropriate trial. c. ENFORCEMENT AUTHORITY. It shall be the duty of the Public Order and Safety Office (POSO) and all other qualified personnel authorized by the City Mayor to enforce the provisions of this Ordinance. The enforcement authority (POSO officers and qualified personnel authorized by the City Mayor) shall be in proper uniforms. Checkpoints shall be done in random places in the City. The enforcement authority shall use proper barricades and signs in the conduct of checkpoints as a protocol. Section 6. The City Government shall support the installation of additional strategic mobile Police Community Precincts situated in the entry points of the city, schools and other areas upon recommendation by the Philippine National Police. Section 7. Banking and financial institutions and other business establishments identified by the PNP as crime prone are to put bank alarms directly connected with the PNP and/or other national law enforcement agencies, in addition to the installation of surveillance cameras. All banks that offer automated teller machines (ATM) services within its premises to its clienteles are likewise mandated to employ security guards to ensure round the clock safety and protection of anyone who uses the same. Pursuant to this provision, failure of banks to employ security guards which offer ATM services on 24 hour security basis, within a period of thirty (30) days from the effectivity of this Ordinance, shall be ground for withdrawal of business permit. Further, no business permit shall be renewed or be issued in favor a bank offering ATM services unless and until compliance with the requirement on employment of security guards on a 24 hours basis. Section 8. Installation of Surveillance Camera. All new business establishments/enterprise and as well as existing establishments/enterprises applying for renewal of business permit, both with minimum capitalization or income of One Million Pesos (P1,000,000.00) shall be required to install security cameras and security systems within their premises. The CCTV or video surveillance system must be capable of delineating on playback the activity and physical features of individuals and areas within the premises and must be able to record such images on digital, optical or magnetic media to increase the likelihood of identifying any perpetrators should a crime take place within their establishment. Security cameras must be installed such as parking areas, entrances and exits, hallways, stairwells, toilets, elevators, shops and other areas. Business establishments must also set up a room where footage from the cameras are all recorded and monitored round the clock. The footage should be stored for at least two weeks from the time and date it was taken and should be accessible to the police if needed in an investigation. Business establishments must furnish a copy of surveillance videos to the PNP and other law enforcement agencies when so requested in order to aid in the conduct of such investigation. Section 9. The City Government of Dagupan shall give businesses described herein 120 days to comply with the new ordinance, while establishments that already have CCTVs are given 120 days to follow the new regulations. After 120 days, the city government shall henceforth start to require the installation of CCTV cameras in all establishments before a business permit could be issued. No business permits will be issued in January 2015 unless establishments covered by this Ordinance have complied with the provision set forth herein. Section 10. The City Government of Dagupan shall also acquire and install closed circuit television (CCTV) cameras in key strategic areas along the city’s major thoroughfares for maintaining security in medium to high secure areas and installations, for observing behavior of criminal and/or potentially dangerous elements, for traffic monitoring, building and grounds security, obtaining visual records of activities in situations where it is necessary to maintain proper security like periphery of banks and banking other financial institutions, schools, public places and other areas of greatest concentration of people convergence. Section 11. - Appropriations. - The sum necessary to effectively carry out the provisions of this Ordinance shall be sourced from the Annual Budget for the ensuing year pursuant to City Development Council Resolution No. 07, series of 2013, approving the proposed programs and projects funded under the 20% development fund of Dagupan for calendar year 2014. Section 12. Separability Clause. - If, for any reason or reasons, any part or provision of this Code shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. Section 13. Repealing Clause. - Ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed or modified accordingly. Section 14. Effectivity. This Ordinance shall take effect immediately upon its approval and after publication in a newspaper of local circulation. ATTY. JOEY NETU M. TAMAYO Principal Authorq
Posted on: Fri, 11 Jul 2014 00:56:19 +0000
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