EXCERPTS FROM THE MINUTES OF THE 6TH REGULAR SESSION OF THE SANGGUNIANG BAYAN OF SAN ESTEBAN, ILOCOS SUR HELD AT THE SB SESSION HALL ON FEBRAURY 8, 2021 AT 9:00 AM
LnB Pres. BEVERLY S. ELAYDO
Chairman, Comm. on Barangay Affairs
SBM HENRY A. ELECCION
Chairman, Comm. on Transportation
MUNICIPAL ORDINANCE NO. 2021 – 02 AN ORDINANCE ADOPTING PROVINCIAL ORDINANCE NO. 021-18 OF THE SANGGUNIANG PANLALAWIGAN OF ILOCOS SUR – AN ORDINANCE REGULATING THE USE OF THE PROVINCIAL, MUNICIPAL AND BARANGAY ROADS WITHIN THE JURISDICTION OF SAN ESTEBAN, ILOCOS SUR TO MINIMIZE, IF NOT, TO PREVENT THE OCCURRENCE OF ACCIDENTS AND TO ENSURE A SMOOTH FLOW OF THE TRAFFIC FOR THE CONVENIENCE AND SAFETY OF THE PEOPLE
Be it enacted by the Sangguniang Bayan Members of the Municipality of San Esteban, Ilocos Sur in their Regular Session, that:
SECTION 1. TITLE OF THE ORDINANCE.
This Ordinance shall be as “An Ordinance Regulating the Use of the Provincial, Municipal and Barangay Roads within the jurisdiction of San Esteban, Ilocos Sur for the Safety and Convenience of the People.”
SECTION 2. DECLARATION OF POLICY.
The Municipality of San Esteban, Ilocos Sur hereby declares and commits to ensure the safety and convenience of all the people especially those travelling along the national and other public roads within the territorial jurisdiction of the Municipality.
SECTION 3. PURPOSE OF THE ORDINANCE.
To ensure a safe, clear, travel-comfortable highway, and public roads, free from all obstruction thereby minimizing traffic accidents and for faster and smoother flow of traffic.
SECTION 4. DEFINITION OF TERMS.
a. Alternate Route – a substitute road designated by the local government unit aside from the national highway.
b. Public Road – refers to provincial, municipal, barangay roads paved, cemented or asphalted for public use.
a. ROW (Road Right-of-Way) – means the land secured and reserved to the public for transport and travelling purpose.
b. Debris – the pieces that are left after something has been destroyed.
c. Kuliglig – a three wheeled vehicle driven by a gas engine for purposes of transporting farm produce and other materials.
d. Tractor – a 4-wheeled farm machinery used for tilling the soil.
e. Kurong-kurong – a three wheeled motorcycle with an attached carries used for transporting goods.
f. Sidewalk – the path along the side portion of the road designated to walk on.
g. Crops – refers to any agricultural produce planted by farmers consumed for foods.
h. Bicycle – any two wheeled pedaled vehicle.
i. Motorcycle – any two wheeled motor vehicle run by gas or electric motor.
j. Obstruction – something that blocks or obstruct the public road.
SECTION 5. PROHIBITED ACTS. It shall be prohibited for any person to:
- Usurp any portion of a right-of-way.
- Build, erect, construct, plant or fabricate any of the following structures, objects and such other similar items and activities along the provincial, municipal, and barangay 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.
Page 3/Mun. Ord. N. 2021-02 –
a. Plants and plant boxes.
b. Driveways and ramps occupying or protruding to the sidewalk.
c. 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 provincial, municipal and barangay 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 vehicle, and other businesses within the sidewalk and other parts of the right of way.
d. Disposal of household/commercial/industrial wastewater and sewage into the sidewalk, curb and gutter, and travel way.
e. Raising or 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 along the provincial, municipal and barangay 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. 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 provincial, municipal and barangay public roads within their respective jurisdiction and henceforth:
- Municipal Engineer
- Municipal Planning and Development Coordinator
- Mun. Disaster Risk Reduction Management Officer
- Member of the San Esteban PNP
- Member of the Bureau of Fire Protection
- President – Liga ng mga Barangays
- NGOs Representative
Page 4/Mun. Ord. N. 2021-02 –
SECTION 7. RAISING AWARENESS MECHANISM – This ordinance shall be posted in the Bulletin Board located at the municipal hall, all barangay halls, the Official Website of the LGU and other Social Media Flatforms being used by the LGU.
Residents shall also be informed during the conduct of Barangay Assembly day and other meetings that are being conducted in the Barangays and Municipality.
SECTION 8. PENALTIES.
a. For violators on this ordinance, they shall be meted with this penalty:
- First Offense – Penalty of P 500.00
- Second Offense – Penalty of 1, 500.00
- Third and Succeeding Offenses – Penalty of P 2, 500.00
SECTION 9 – SEPARABILITY CLAUSE – If, for any reason, any portion or provision of this Ordinance shall be found to be unconstitutional or invalid, other parts or provisions thereof which are not affected thereby, shall continue to be in full force and effect.
SECTION 10 – REPEALING CLAUSE – All ordinances in conflict with, or inconsistent thereto are hereby repealed or modified accordingly.
SECTION 11 – EFFECTIVITY CLAUSE – This Municipal Ordinance No. 2021 – 02 shall take effect after its approval.
ENACTED, this 8th day of February 2021 at San Esteban, Ilocos Sur.