Republic of the Philippine
Province of Ilocos Sur
Municipality of Burgos
OFFICE OF THE SANGGUNIANG BAYAN
MUNICIPAL ORDINANCE NO. 19 s. 2020
REGULATING THE USE OF PUBLIC ROADS AT BURGOS, ILOCOS SUR IN ACCORDANCE WITH PROVINCIAL ORDINANCE NO. 021, S. 2018
Sponsopred by: Hon. Rodolfo V. Tamayo
Hon. Floro L. Balbalan
Be It Ordained That:
SECTION I. RATIONALE. Statistical data shows there is a rise in the occurrence of Vehicular Traffic Accidents along the National Highway and public roads at Burgos, Ilocos Sur can be attributed with over speeding, offensive driving, drivers’ error, unfamiliarity to road situation especially construction being undertaken, drunk driving, minors driving, improper use of the road shoulder, drying of agricultural products such as rice, vegetable seeds and corn, improperly parked vehicles, lack of road signs, slow moving vehicles such as tricycle, bikes, motorcycles, kuliglig and tractors, astray animals and other contributory factors that might cause road accidents;
Likewise, the presence of fallen electrical and other utility poles, tangled/twisted transmission/distribution and other lines of cable communications and utility service providers and fallen trees along national roads slow down the flow of traffic which might hamper speedy relief operations.
SECTION 2. DECLARATION OF POLICY – The Municipality of Burgos, Ilocos Sur hereby commits to ensure the safety and convenience of people especially those travelling along the national and other public roads at Burgos, Ilocos Sur.
SECTION 3. PURPOSE OF THE ORDINANCE – To ensure a safe, clear, free from all obstructions public roads, thereby, minimizing traffic accidents.
SECTION 4. DEFINITION OF TERMS – the following words when use in this ordinance shall mean:
a. Alternate Road – a substitute road designated by the local government unit aside from the national highway.
b. Public Road – refers to public national, provincial, city/municipal, barangay roads paved, cemented or asphalted for public use.
c. Highway – includes pavements, shoulders, embankments, right-of-ways, bridges, ferries, drainage structures, signs, guard rails, and related protective structures.
d. ROW (Right-of-Way) – means the land secured and reserved to the public for transport and travelling purposes.
e. Marshall – a person designated to arrange and direct the procession.
f. Funeral Procession – the transfer of the remains of a dead person using the public road.
g. VCT (Violation Citation Ticket) – a receipt issued to violators stating their violations and is issued by the authorized and deputized persons, institutions/agencies in the government.
h. Canopy – a piece of cloth, mantle, used as a temporary shelter.
i. Humps – a protruding semi-circle concrete structure across the road designed to slow down the movement of a vehicle.
j. Debris – the pieces that are left after something has been destroyed.
k. Industrial Wastewater – wastewater that is discharge by industries as an undesirable liquid or effluent.
l. Kuliglig – a three wheeled vehicle driven by a gas engine for purposes of transporting farm produce and other materials.
m. Tractor – a four wheeled farm machinery used for tilling the soil.
n. Kurong-kurong – a three wheeled motorcycle with an attached carrier used for transporting goods.
o. Sewage – refuse liquids or waste matter usually carried off by sewers.
p. Sidewalk – the path along the side portion of the road designated to walk on.
q. Crops – refers to any agricultural produce planted by farmers consumed for foods.
r. Bicycle – any two wheeled pedaled vehicle
s. Motorcycle – any two wheeled motor vehicle run by gas or electric motor.
t. Obstruction – something that blocks or obstruct the public road.
SECTION 5. PROHIBITED ACTS. It shall be prohibited for any person to:
Usurp or take over any portion of a right-of-way;
- Convert any part of any public roads, bridge, wharf or trail to his own private use or to obstruct the same in any manner;
- Build, erect, construct, plant or fabricate any of the following structures, objects and such other similar items and activities along the national highways and public roads, to wit:
a. All kinds of private temporary and permanent structures, such as buildings, houses, shanties, stores, shops, stalls, sheds, posts, canopies, billboards, signages, advertisements, fences, walls, railings, basketball courts, garbage receptacles, carriageway, curb and gutter, sidewalks, shoulders, canals and other portions within the defined road right-of-way.
b. Plants and plant boxes.
c. Driveways and ramps occupying or protruding to the sidewalk.
d. Humps, whether permanent or temporary.
- Allow the presence/occurrence of any of the following structures, objects and such other similar items and activities along the national highways and public roads, to wit:
a. Construction materials, such as sand, gravel, cement, lumber and steel bars, earth spoils, waste materials, debris, embankment, heaps, and the like.
b. Vehicles and equipment, including junked items, that is parked, occupying or protruding to the sidewalk or shoulder.
c. Vending, repair of vehicles, and other businesses within the sidewalk and other parts of the right-of-way.
d. Disposal of household/commercial/industrial waste water and sewage into the sidewalk, curb and gutter, and travel way.
e. Raising or tethering, tying of animals or allowing them to roam near or within the right-of-way.
f. Washing and drying of clothes, crops and similar items
- Conduct sports and other related activities, including kite flying, along national highways and public roads;
- Occupy the middle of the road of the half lane while driving a funeral car, tricycle, bicycle, motorcycle, kuliglig, tractor, kurong-kurong and the like.
SECTION 6. ALTERNATE ROUTES – The local government units in the areas must designate an alternate routes for the vehicles mentioned under Section 5, (6). However, if there are no alternate routes, then they must use the outer lane of the national highway which is the shoulder or the “right-of-way”.
SECTION 7. FUNERAL PROCESSION – Funeral Procession along the highway is considered obstruction. If there are no alternate routes assigned by the local government units for funeral procession except the national highway, then the owners of the funeral company must occupy only the outer lane or shoulder and must use a string guide to be tied from the funeral coach to the tail end of the procession. A marshall shall also be designated to ensure that the procession is in order and the people will not encroach the middle portion of the right lane. Non-compliance is considered a violation penalized under .
SECTION 8. DEPUTIZED IMPLEMENTOR OF THIS ORDINANCE – The following who after the briefing and orientation on this ordinance shall be deputized to implement this ordinance and are hereby directed to immediately remove or cause the removal of all obstructions and prohibited uses within the right-of-way (ROW) of all national and public roads within their respective jurisdictions and henceforth:
- Municipal Engineering Office.
- Public Safety Office.
- Municipal Risk Reduction Management Office.
- Members of the Philippine National Police
- Barangay Government Units/Tanods
SECTION 9. SHARING FROM THE COLLECTION OF PENALTY – For the effective implementation of this ordinance, all deputized individuals, PNP,
Barangay Officials and Tanods, government agencies, (except with the DPWH, LTO and officials or employees of the Municipal Government) accredited
institutions, NGOs, are entitled to the shares of the collected penalty after proper accounting, as indicated below:
- If the implementing agency is PNP or Highway Patrol Group, 50 percent for the Municipal Government, and 50% for the PNP, or the Highway Patrol Group. The share of the respective PNP units must be used only for the operation of their respective offices or PNP stations.
- If the implementing agency is Local Government Unit, 50% for the Municipal Government and 50% for the Municipal or Barangay Government Unit.
- If the implementing agency is accredited institutions or N.G.O.s, 50% for the Municipal Government and 50% for the accredited institutions or NGOs.
- Their shares shall be used for the operation and maintenance of their offices and other public order and safety activities to include activities which is in relation to the implementation of this ordinance.
SECTION 10. OTHER PROVISIONS
- Should clearing operations for road widening, improvement and/or rehabilitation are to be conducted, no compensation shall therefore be paid and allowed on the removal of these obstructions.
- It is further directed that in cases where Applicants from Utility Agencies (Electric Cooperatives and Major Electric Power Distributors, Phones, Mobile, and Cable Service providers and the like) must first secure a permit with the DPWH and concerned property owner prior to the construction of building and or erection of posts or towers for their distribution lines.
- Existing posts being used by public utility companies such as NPC, ISECO, Cable Companies, and Telephone Companies, that are still located within the outer lane or shoulder of the Road’s Right-of-Way must relocate their posts so as not to cause obstruction. Failure to relocate 1 month after the issuance of the NOTICE OF OBSTRUCTION, shall be meted with a fine of ₱3,000.00 pesos for every posts.
SECTION 11. NOTICE TO VIOLATORS – Notice of Violation with its corresponding penalty shall be jointly issued to violators of this ordinance by the Mun. Mayor, the PNP Chief and the Mun. Treasurer.
SECTION 12. VIOLATION CITATION TICKET OR VCT.
- All trained/deputized implementer of this ordinance maybe issued the VCT and will be authorized to issue the receipt to violators by duly authorized persons or institutions, after training on the nature of this ordinance.
- These VCT’s are for the exclusive used of the agency or person to whom it was entrusted hence, these are accountable forms.
- Holder of these forms must at all times present the VCT for inspection by authorities, and must submit INVENTORY REPORT of its issuance every 2 weeks to the Municipal Treasurers Office for accounting and auditing.
- In case of non-usage or inactivity of the bearer to use, then it must be surrendered or recalled immediately to or by the Municipal Treasurers Office.
- The VCT may be recalled anytime upon order by the Municipal Mayor or his authorized representative. In case of unaccounted receipts, then the holder bearer is highly responsible for it.
SECTION 13. TREE PLANTING ALONG THE NATIONAL HIGHWAY – No tree planting or construction of tree boxes and other related activities will be made without the clearance from the DPWH.
SECTION 14. DUMPING OF SAND AND GRAVEL AND OTHER MATERIALS AND MACHINERIES ALONG THE HIGHWAY – All individuals, companies or contractors doing projects along the national highway such as roads, canals, bridges and other related jobs must place all the said materials in a very secured and orderly manner minimizing the area of obstruction. A visible adequate warning signs with reflectorized stickers or panels must be placed to secure these materials. Non-compliance by contractors or erectors to this provision would be penalized with P2,500.00. If these materials caused an accident , then a fine of P2,500.00 will be imposed excluding its civil and criminal liability.
SECTION 15. PENALTIES – Violators of this ordinance shall be meted with the following penalty:
a. First Offense – Penalty of ₱500.00
b. Second Offense – Penalty of ₱1,000.00
c. Third Offense – Penalty of ₱2,000.00
SECTION 16. SEPARABILITY CLAUSE – Any provision or portion of this ordinance found to be violative of the constitution or invalid shall not impair the other provisions or parts thereof which shall continue to be in force and in effect.
SECTION 17. REPEALING CLAUSE – Ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed and/or modified accordingly.
SECTION 18. EFFECTIVITY – This Ordinance shall take effect immediately after approval.
ENACTED UNANIMOUSLY THIS 7th DAY OF DECEMBER 2020 DURING THE REGULAR SESSION BY THE SANGGUNIANG BAYAN OF BURGOS, ILOCOS SUR.