Let us draft a city ordinance on wires and cables. Below is an initial version. Add or delete as you please. When we are done let us take it to the city council. Republic of the Philippines City of Legazpi SANGGUNIANG PANLUNGSOD NG LEGAZPI ORDINANCE NO. ________ AN ORDINANCE SETTING STANNDARDS IN THE INSTALLATION OF CABLES AND WIRES ALONG THE STREETS OF LEGAZPI CITY, IMPOSING PENALTIES FOR VIOLATIONS THEREOF AND PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES WHEREAS, the 1987 Constitution of the Republic of the Philippines mandates the State to protect and promote the right to safety of the people and instill safety consciousness among them; WHEREAS, the citizens of Legazpi deserve the best living conditions; WHEREAS, the City of Legazpi has aspired to be a tourist destination and convention center; WHEREAS, -- NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED, BY THE SANGGUNIANG PANLUNGSOD OF LEGAZPI, IN SESSION ASSEMBLED, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, THAT: Section 1. Title. — This Ordinance shall be known as the “Cabling and Wiring Ordinance of Legazpi.” Section 2. Purpose. — It is the purpose of this Ordinance to ensure public safety and provide an ambience of aesthetics to be enjoyed by every citizen. Section 3. Coverage. — This Ordinance shall apply to all persons, whether natural or juridical, whether resident or not, and in all places, found within the territorial jurisdiction of the Province of Albay. Section 4. Definition of Terms. — As used in this Ordinance, the terms below shall have the meanings ascribed to them in this section. Any words or terms not defined shall be given their plain and customary meanings, unless the context requires otherwise, and shall be interpreted in a manner consistent with the purpose and spirit of this Ordinance. • Cable means • Wire refers to • Public places means all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including, but not limited to, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkways, entrance ways, waiting areas, and the like. • Workplace means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces. Section 5. Prohibited Acts. — The following acts are declared unlawful and prohibited by this Ordinance: • Installation of cables and wires that destroy the aesthetics of a building or public structure; Persons-in-charge shall be held similarly liable for the above acts if they are found to have allowed, abetted, or tolerated the same. Section 6. Duties and Obligations of Persons-in-Charge. — Persons-in-charge shall: • -- Guidelines for Inspection and Approval: • The cable or wiring system must be located below the ground in -- . Only applications with the following complete requirements shall be evaluated: • Proposed location of the cables and wires; • Barangay Clearance, and; • Business Permit. • Establish internal procedures and measures through which this Ordinance shall be implemented and enforced within the area of which a person is in charge, including, but not limited to, warning violators, and if they refuse to comply, asking them to remove all cables and wires, and if they still refuse to comply, reporting the incident to the City Engineer. • Ensure that all the employees in the establishment are aware of this Ordinance and the procedure and measures for implementing and enforcing it. Section 7. Persons Liable. — The following persons shall be liable under this Ordinance: • Any person or entity who commits any of the prohibited acts stated in Section 5 hereof; • Persons-in-charge who knowingly allow, abet, or tolerate the prohibited acts enumerated in Section 5, or who otherwise fail to fulfill the duties and obligations enumerated in Section 6 hereof Section 8. Penalties.—The following penalties shall be imposed on violators of this Ordinance: ENFORCEMENT Section 9. Cables and Wires Task Force. — A Task Force shall be created to aid in the implementation, enforcement and monitoring of this Ordinance The Task Force shall be composed of the following: • Local Chief Executive or his representative • City Engineer; • City Architect • Legal Officer; • City Tourism Officer • Business Permits and License Officer; • Representative/s of one or more civil society organizations (CSO) • Environment and Natural Resources Officer (ENRO); • Association of Barangay Captains (ABC) President; • Other member/s identified by the City Engineer whose specific function in the Local Government and role in the effective implementation of safety and aesthetics policies may be considered invaluable. Section 10. Duties and Responsibilities of the Task Force.— Other than (1) receiving, reviewing and processing reports of and complaints for violations of this Ordinance and (2) deputizing enforcers under Sections 13 to 16 hereof, the Task Force shall have the following respective duties and responsibilities: • The City Engineer shall • The City Architect shall • The Legal Officer shall • The City Tourism Officer shall • The Business Permits and License Officer shall • The Representative/s of one or more civil society organizations (CSO) shall • The Environment and Natural Resources Officer (ENRO) shall • The Association of Barangay Captains (ABC) President shall • The Other member/s identified by the City Engineer shall Section 11. Enforcement on Establishments. — One (1) year after the effectivity of this Ordinance, an inspection team composed of representatives from the Engineer’s Office, and the Permits and License Office, shall conduct inspections of power, telephone, cable tv, and similar establishments to determine their compliance with the provisions of this Ordinance. The inspection team shall issue a Citation Ticket against the establishment upon finding of non-compliance with or of any violation of this Ordinance. A Citation Ticket may be issued for each day that the establishment is found to be non-compliant. Re-inspection of the establishment shall be done on any day after the issuance of the Citation Ticket, but in no case more than ten (10) calendar days after such issuance. If the establishment fails to comply with the obligations stated in the Citation Ticket upon re-inspection, the inspection team shall recommend the suspension of the license to operate of the establishment, consistent with Section 8 (d) hereof. Section 12. Civilian Participation in Enforcement in LGU Levels. — Section 13. Disposition of Fees and Fines. - All fees and fines collected from any establishment charged with the violation of any section or provision of this ordinance shall be for the exclusive use in the continuous implementation of this Ordinance. Section 14. Repealing Clause. — All ordinances contrary to or inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 15. Separability Clause. —If any part or provision of this Ordinance is declared unconstitutional or invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof. Section 16. Effectivity Clause. — This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of local or general circulation or posting in at least two (2) conspicuous places in Albay Province. ENACTED BY THE SANGGUNIANG PANLUNGSOD NG LEGAZPI, IN ITS SESSION ON___________________. APPROVED: City Mayor
Posted on: Mon, 05 Jan 2015 04:56:34 +0000
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