MUNICIPAL ORDINANCE NO. 2016 - 452

 

AN ORDINANCE PROHIBITING THE USE, SALE, DISTRIBUTION AND ADVERTISEMENT  OF CIGARETTES AND OTHER TOBACO PRODUCTS IN CERTAIN PLACES, IMPOSING PENALTIES FOR VIOLATIONS HEREOF AND PROVIDING FUNDS THEREOF AND FOR OTHER PURPOSES. 

Be it ordained as it is hereby ordained by the Sangguniang Bayan of Compostela, Compostela Valley that:

Section 1. Title. -  This Ordinance shall be known as the “Smoke Free Ordinance of the Municipality of Compostela.”

Section 2. Purpose. - To safeguard public health and ensure the well being of all its constituents by protecting them from the harmful effects of smoking and tobacco consumption.

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 Municipality of Compostela, Province of Compostela Valley.

Section 4. Definition of Terms. As used in this ordinance the following terms shall mean:

Minor - refers to any person below eighteen (18) years old.

Public conveyances -  refers to modes of transportation servicing the general population such as but not limited to, elevators, airplanes, ships, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles.

Public places - refers to enclosed or confined areas of all hospitals, medical clinics, schools, public transportation terminals and offices, and buildings such as private and public offices, recreational places, shopping malls, movie houses, hotels, restaurants and the likes.

Smoking - refers to the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhaled or smoked.

Tobacco - refers to agricultural components derived from tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products;

Tobacco Products - refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended for smoking, sucking, chewing or snuffing or oral  or nasal use, such as cigarettes and cigars;

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).

Section 5. Prohibited Acts – The following acts are declared unlawful and prohibited by this Ordinance:

  1. Smoking in enclosed or partially enclosed public places, workplaces, public conveyances, or other public places, as defined in Section 4, such as:

      a.1 Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for persons under eighteen (18) years old;

         a.2 Elevators and stairwells;

         a.3 Location in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;

         a.4 Within the buildings and premises of public and private hospitals. Medical, dental and optical clinics, health centers, nursing homes, dispensaries and laboratories;

         a.5 Public conveyance and public facilities including airport and ship terminals and train and bus stations, restaurant and conference halls, except for separate smoking areas;

         a.6 Food preparation areas;

  1. Selling or distributing tobacco products in a school, public playgrounds or other facility frequented by minors, or within 100 meters from any point in the perimeter of these places;
  2. Selling or distributing tobacco products to minors; and
  3. Purchasing tobacco products from minors.

Section 6. Designated Smoking And Non-Smoking Areas

In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person to the other than smoker to tobacco smoke, the owner, proprietor, possessor, manager or administrator of such places shall establish smoking areas. All designated smoking areas shall at least have one (1) legible and visible sign posted, namely “SMOKING AREA” for the information and guidance of all concerned. Non-smoking areas shall likewise have at least one (1) legible and visible sign namely: “NO SMOKING AREA’’ or “NO SMOKING”.

Section 7. Persons Liable. – Any person or entity who commits any of the prohibited acts stated herein; 

Section 8. Penalties. – The following penalties shall be imposed on violators of this ordinance, to wit:

  1. First Offense…….. …….. a fine of P 500.00
  1. Second Offense……………..a fine of P 1,000.00
  1. Third and Subsequent……..a fine of    P 2,500.00,  or imprisonment for a period

Offenses not exceeding thirty (30), days or both at the discretion of the court.      

- Revocation or suspension of business license or permit (in case of a business entity or establishment), if applicable.

- Community Service. If a violator is unable to pay the fines imposed, he or she may choose to render community service. For every hour of community service rendered, his outstanding fine shall be reduced by an amount equivalent to triple the hourly minimum wage of the municipality.

COMPROMISE PENALTIES:

          If the violator voluntarily admits the violation without need for a judicial proceeding, he/she may be collected immediately a fine as compromise penalty, to wit:

  1. First Offense…….. ……..       a fine of  P 400.00
  2. Second Offense…………….. a fine of P 800.00
  3. Third and Subsequent…….. a fine of    P 2,000.00,  or community service if

     Offenses unable to pay the said compromise penalties.

Section 9. Citation Ticket System.- Violators of this Ordinance shall be informed of their violations and the penalty associated with such violation by means of a Citation Ticket System;

Section 10. Smokefree 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:

  1. Local Chief Executive;
  2. Chairperson, SB Committee on Health;
  3. Business Permit and Licensing Officer;
  4. Municipal Health Officer;
  5. Representative/s of one or more civil organizations (CSO) designated by the Local Chief

    Executive;

  1. Representative of the Philippine National Police (PNP);
  2. Municipal Treasurer; and
  3. President of the Liga ng mga Barangay (ABC);

Section 12. Duties and Responsibilities of the Task Force. -  The Task Force headed by the Local Chief Executive in coordination with the Municipal Health Officer, shall formulate the implementing rules and guidelines relative to the enforcement and implementation of this Ordinance, such as but not limited to the duties and responsibilities of the Smokefree Task Force.

Section 13. Enforcement on Individuals. – Members of the PNP shall apprehend and issue Citation Tickets against persons caught smoking in places where such is prohibited. They shall forward copies of the tickets they issue violators to the Municipal Treasurer’s Office regularly, at least thrice a week.

Section 14. Enforcement on Public Conveyances. – Members of the PNP and/or persons duly deputized by the Task Force shall inspect public conveyances during their regular hours of operation and shall issue Citation Tickets upon discovery of any violation of this Ordinance. They shall forward copies of the tickets they issue to the Municipal Treasurer’s Office regularly, at least thrice a week.     

Section 15. Enforcement on Establishments. – The inspection team to be appointed by the Local Chief Executive shall conduct inspections of establishments and buildings to determine their compliance with the provisions of this Ordinance. Regular inspections shall be conducted at least once every month or simultaneously with other regular inspections done by the (LGU), whichever is more frequent, during normal hours of operations of the establishment. The inspection team shall issue a Citation Ticket against the establishment upon finding of non-compliance with or of any violation of this Ordinance.  The inspection team may apprehend individual violators and request the assistance of the PNP in doing so.

Section 16. Repealing Clause. – All ordinance/s contrary to or inconsistent with this Ordinance is/are hereby repealed or modified accordingly.

Section 17. 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 18. 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 the Municipality of Compostela.

          UNANIMOUSLY CARRIED AND APPROVED.

  

 

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