Title 24 – Public Safety and Order


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Chapter I

Flying of Kite and Trespassing at General Santos City International Airport

Section 1. No person shall fly nor cause the flying of kite, captive balloon, model plane or any flying gadgets, toy or similar object within the radius of five (5) kilometers from the boundary lines of General Santos City International Airport.

Section 2. No person or vehicle shall be allowed to enter or loiter around or within those designated areas of General Santos City International Airport to which entry is prohibited by the Air Transportation Office. For purposes of this Ordinance, the ramp, taxiway, runway, other aircraft movement areas of the airport, and such other areas as determined by the Air Transportation Office shall be considered as restricted areas at the General Santos City International Airport.

Except for animals duly allowed by proper authority to be transported in aircraft, no owner shall allow his/her animal of any kind to enter or loiter within the six hundred (600) hectares entire area of General Santos City International Airport.

Section 3. No person or entity shall litter any foreign or harmful object or particle that causes destruction to aircraft or its navigational equipment at the restricted areas of General Santos City International Airport.

Section 4. Any person, or owner of vehicle, animal, kite, captive balloon, model plane, or any flying gadget, toy or similar object found violating any provision of this Ordinance shall be punished by a fine of not less than Three Thousand Pesos (P3,000.00) but not more than Five Thousand Pesos (P5,000.00), or imprisonment of not less than thirty (30) days but not more than one (1) year, or both such fine and imprisonment at the discretion of the Court.

In case of urgent necessity as the circumstances may warrant, the authorized personnel of the Air Transportation Office shall employ necessary means to neutralize any animal that crosses, loiters or enters the premises of International Airport to prevent or avert damage or accident to aircraft and its passengers.

 

Chapter II

Noise Pollution

Section 1. Except in emergency cases, such as fire, and other calamity, and on special events like fiestas, the playing of dianas by the band during the Christmas Novena, Christmas Eve and the New Year’s Eve, the blowing of horn, or to make other disturbing noise during the restful quietness of the sleeping public between 2:00 o’clock A.M. to 5:00 o’clock A.M. is hereby prohibited.

Section 2. All owners of motor vehicles are prohibited to operate the same within the City without the factory made or factory provided-silencer or muffler the whole day. Further, the use of improvised exhaust tubes which produce too much noise is also prohibited.

Section 3. The installation, operation and use of loudspeakers connected with cinematograph apparatus, theatrical shows, showhouses or any other kind of entertainment for business purposes, inside or outside the premises of any place within the city, for the purpose of advertising or attracting attention of the public is hereby prohibited at any time of the day in order to avoid nuisance to the public or unnecessary inconvenience of any kind which maybe affected by such installation, operation and use of the above apparatus.

Section 4. The operation of motorcycles and vehicles without silencers and excessive blowing of horn is prohibited. Also, the removal of silencer or installation of accessories causing noise pollution is likewise prohibited. Accessories of motor vehicles causing noise pollution shall be confiscated and the same shall be turned over to proper authorities.

Section 5. Exceptions: Loudspeakers used in connection with the operation of any show house, or performance of any show for the enjoyment of its audience inside a moviehouse or showhouse concerned and also those operated and used inside the premises of any educational, charitable and/or political institution in connection with any celebration, affair or public meetings, programs for public entertainment at public plazas and parks or any meeting for lawful purpose should not be deemed as included in the operation of this Ordinance: Provided, That the use of loudspeakers on any moving vehicle which goes around the city for any of the purpose mentioned above shall also be deemed exempted from the operation of this Ordinance subject to the payment of licenses fixed by Ordinance No. 5-A, Series of 1961, and subject further to-

(a) Said Loudspeaker installed on any moving vehicle shall not be operated when passing in any school or hospital zone, court zone, church zone, and the City Hall, and that said loudspeaker shall be in operation only between 8:00 A.M. and 12:00 Noon and 2:00 P.M. to 6:00 P.M.

(b) Except in emergency cases, such as fire, and other calamity and on special events, like fiestas, the playing of dianas by band during the Christmas Novena, Christmas Eve and New Year’s Eve; it is unlawful to blow the horns or make other distributing noise during the restful quietness of the sleeping public between 11:00 pm to 4:00 am.

 

Section 6. The operation of videoke machines and other similar machines shall be regulated that will not annoy, irritate or tend to irritate, disturb any person or community. However, operation of the same during fiestas, festivals, etc., authorized by the city government is allowed. Celebration of personal occasion like birthdays and the like may be allowed until 12:00 midnight only.

Section 7. Any person or firm found violating this ordinance shall be punished by a fine of Two Thousand Pesos (P2,000.00) for the first offense, Three Thousand Pesos (P3,000.00) for the second offense, and Five Thousand Pesos (P5,000.00) and imprisonment of one (1) year without prejudice to the cancellation business permit for the third offense.

In case of juridical person, the owner, operator or manager thereof shall be liable.

 

Chapter III

Selling of Distilled Beverage, Liquor, Wine, Spirit and Other Intoxicating Drinks

A. Prohibition on Selling of Distilled Beverage, Liquor, Wine, Spirit and Other Intoxicating Drinks to Minors

Section 1. Definition of Terms. – As used in this Ordinance, the following terms shall mean:

  • Minor – is a person below the legal age of eighteen (18) years.
  • Distilled beverage – is a drinkable liquid containing ethanol that is produced by means of distilling fermented grain, fruit, or vegetable.
  • Liquor – is an alcoholic beverage that has been flavored with fruit, herbs, nuts, spices, flowers, or cream and bottled with added sugar. Liquor is typically quite sweet; it usually not aged for long but may have resting periods during its production to allow flavors to marry.
  • Wine – is an alcoholic beverage often made of fermented grape juice or other fruit and vegetable by using various types of yeast, sugar, acid, enzyme or other nutrient.
  • Spirit – refers to distilled beverage that contains no added sugar and has more than twenty percent (20%) alcohol by volume (ABV), such as brandy, fruit brandy, gin, rum, tequila, vodka and whisky.
  • Other Alcoholic or Intoxicating Drink – is any drinkable liquid containing ethanol that is produced by means of fermentation of grain, fruit, or vegetable that contains less than twenty percent (20%) alcohol by volume (ABV). It includes beer, tuba and other indigenous or naturally-produced alcoholic drink or its concoctions.
  • Business Establishment – includes hotel, motel, inn, pension house, resort, restaurant, sari-sari store, beer house, videoke bar, disco house, fun house, convenience store and the like doing business within General Santos City.

 

Section 2. Prohibited Acts. – The following acts are hereby declared prohibited:

  • Selling or offering distilled beverage, liquor, wine, spirits and other alcoholic or intoxicating drinks by business establishment to a minor;
  • Allowance by business establishment of a minor to bring in and drink distilled beverage, liquor, wine, spirits and other alcoholic or intoxicating drinks within its premises; and
  • Selling or offering distilled beverage, liquor, wine, spirits and other alcoholic or intoxicating drinks in any business establishment to a person of legal age after 3:00 o’clock in the morning up to 6:00 o’clock in the morning of the same day: Provided, that, even after 3:00 o’clock in the morning, any hotel, motel, and pension house may sell or offer distilled beverage, liquor, wine, spirits and other alcoholic or intoxicating drinks to its guest who is not a minor provided that such person is billeted therein.

 

Section 3. Penalty Clause. – Any violation of Section 2 hereof shall be punished by a fine of P3,000.00 or imprisonment of ten (10) days, or both such fine and imprisonment at the discretion of the Court. If the violator is a corporation, partnership, or cooperative, the president or manager shall be liable therefor; if the establishment is a single proprietorship, the owner or proprietor shall be held liable.

Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, signature, age and address of the person apprehended, (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the amount of fine which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person apprehended for extra-judicial settlement of his/her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the court of law.

 

B. Selling of Intoxicating Liquor or Beverage at Land Transportation Terminal

Section 1. The sale, drinking and serving of intoxicating liquor or beverage in all public utility land transport terminals operating in General Santos City is hereby prohibited.

Section 2. Violation of this ordinance shall subject the offender/s to the following:

a) Violation by the store owner or manager:

First Offense         –     P2,000.00
Second Offense    –     P3,000.00
Third Offense    –    P5,000.00 or an imprisonment of not more than six (6) months or both at the discretion of the court and shall be sufficient ground for the cancellation/revocation of business permit to operate/sell. If the offender is a corporation, the owner, operator or manager thereof shall be liable hereof.

b) Violation by the drinker:     P1,000.00

 

C. Selling, Purchasing or Drinking of Intoxicating Liquor Inside Cockpits, Indoor Stage Presentation, Cultural or Sports

Section 1. The sale, purchase and/or drinking of any intoxicating liquor or beverage inside any cockpit/gallera, and other indoor stage presentations, cultural or sports is prohibited.

Section 2. Any person who shall violate the proceeding provision shall suffer a penalty of fine of P1,000.00 or 15 days imprisonment or both at the discretion of the court.

Section 3. The permit to operate of any operator/owner of any cockpit and other indoor stage presentations, cultural or sports who shall allow the commission of Section 1 shall automatically be revoked and/or cancelled.

 

Chapter IV

Throwing or Placing of Stones or Any Hard Object on Roads

 

Section 1. The willful placing of stones, tree branches, cans, or any similar hard objects on all roads and streets, or without removing the same after use thereof as substitute for early warning device, within the City of General Santos is hereby prohibited.

Section 2. Any person or persons found violating this Ordinance shall be subject to a fine of P1,000, and/or an imprisonment of at least five (5) days but not exceeding six (6) months or both such fine and imprisonment at the discretion of the Court, without prejudice to the reparation of damages to offended party.

 

Chapter V

Loitering, sleeping or hanging around at Public Market

 

Section 1. Loitering, sleeping or hanging around the public market from 10:00 p.m. to 3:00 a.m. is hereby prohibited, except at meat section which curfew hour is from 10:00 pm to 2:00 am of the following day.

Section 2. Violation of this Ordinance shall subject the violator to a fine as follows:

First offense – P 50.00
Second offense – P 100.00
Third offense – P 200.00 or six (6) months imprisonment or both such fine and imprisonment at the discretion of the court.

Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed by this Ordinance, the enforcement officer shall forthwith issue a citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a) the name, signature, age and address of the person apprehended, (b) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c) the amount of fine which is payable in favor of the City Government of General Santos, and (d) notice requiring the person apprehended for extrajudicial settlement of his/her violation by paying the prescribed fine at the Office of the City Treasurer within ten (10) working days from issuance thereof, otherwise, appropriate complaint shall be filed against him/her with the appropriate government agency such as the City Prosecution Office, for the filing of appropriate charge against him/her with the Court of Law.

 

Chapter VI

Sale or Distribution of Combustible or Flammable Liquids, or Petroleum Products

Section 1. Declaration of Policy – The sale or distribution of combustible or flammable liquids such as oils, fuels, lubricants and the like within the City of General Santos is hereby declared prohibited, unless the following requirements are complied with:

  1. Environmental Compliance Certificate (ECC)
  2. Department of Trade and Industry (DTI) Permit
  3. Barangay Clearance
  4. Business Permit from the City Government

Section 2. Prohibited Acts. – Any person is likewise hereby prohibited to vend, peddle or deliver the aforementioned products except to authorize seller or dealer of the same or to persons or business entities authorized by proper authorities to store petroleum products necessary or incidental to their business operations.

Section 3. Creation of General Santos City Task Force Gasolina. – The General Santos City Task Force Gasolina shall be created to be composed of the following:

Chairperson : The City Administrator
Vice-Chairperson : The Head of the Office of the City Planning and Development Coordinator or his/her duly authorized representative

Members:

  1. The Punong Barangay of respective barangays;
  2. The City Fire Marshall or his/her duly authorized representative from the Bureau of Fire Protection; and
  3. The City Director of the Philippine National Police or his/her duly authorized representative

Section 4. Duties and Functions. – The created Task Force shall exercise their respective duties and functions as mandated by their respective offices and with the following additional delineated duties:

  1. The Task Force shall conduct inspections in every barangay and confiscate illegal sale of flammable or combustible liquids and if necessary shall file appropriate charges to the court;
  2. The Task Force shall meet every end of the quarter to prepare reports and subsequently submit to the Office of the City Mayor.

Section 5. Storage and Safekeeping. – The City Government shall properly keep all confiscated flammable and combustible liquid and hazardous materials. The confiscated flammables or hazardous materials shall be properly documented, such as inventories and taking of pictures of those items shall be done for presentation to the court as evidence.

Section 6. Formulation of IRR. – The Office of the City Mayor, through General Santos City Task Force Gasolina, shall formulate rules and regulations for the proper and effective implementation of this ordinance.

Section 7. Penalties. –  In violation of this Ordinance the offender(s) shall be punished by a fine of Five Thousand Pesos (P5,000.00) or imprisonment of six (6) months to one year, or both at the discretion of the court.

 

Chapter VII

Provision of Top Cover for Bulk Haulers

Section 1. Bulk haulers such as sand and gravel, commercial and industrial wastes, palay husks haulers and the like are hereby required to provide their trucks with top covers for safety purposes.

Section 2. The owner and driver of aforementioned truck haulers shall be subject to a fine of P2,000.00 for the first offense, P3,000.00 for the second offense, P5,000.00 and imprisonment of ten (10) days for the third and succeeding offenses.

Section 3. Penalty shall be imposed to both the owner and driver of the hauler trucks.

 

Chapter VIII

Provision of Trained Lifeguard at Swimming Resort

Section 1. Owners of all public beaches, swimming pools, springs and other swimming resorts in the City of General Santos are required to provide trained and Red Cross certified lifeguards in their establishments.

Section 2. No Permit shall be issued/renewed to owners of all public beaches, swimming pools, springs and other swimming resorts in the City without presenting the updated lifeguards certificates.

Section 3. As practicable, owners of these establishments are likewise required to provide facilities such as watch tower and other life saving facilities to enable to control the behavior of the swimmers, and to quickly respond and resuscitate drowning victims. Likewise, visible lifeguard uniforms shall be worn in any swimming event.

Section 4. If any customer/swimmer in any swimming establishment will be drowned in the absence of a lifeguard, the hospitalization and mortuary expenses incurred by the victim shall be shouldered by the owner of said establishment, provided the victim is not under the influence of any intoxicating drug or liquor or they shall be held liable in accordance with the Civil Code on Quasi Delict.

Section 5. This Ordinance shall take effect after the training and issuance of certifications of the lifeguards which shall not be later than December 31, 1994.

Section 6. Any owner/operator of all public beaches, swimming pools, springs and other swimming resorts in the City of General Santos found to have violated the mandate of this Ordinance No. 09, Series of 1994 shall be fined of Five Thousand Pesos (P5,000.00) or subjected to an imprisonment of not more than six (6) months or both fine and imprisonment at the discretion of the court, and cancellation and revocation of permit and/or license of the offender upon conviction.

 

Chapter IX

Manufacture, Distribution, Sale or Display of Pellet Gun

Section 1. The entry, manufacture, distribution, sale and display of pellet guns in the City of General Santos are hereby prohibited.

Section 2.  As used in this Ordinance, the term-

(a) “Pellet Gun” means any toy gun or toy firearm with a mechanism or part that enable the same load and discharge or hurl pellet made of hard material, the importation, manufacture, distribution, sale, and display of which are not within the purview of the provisions of Letter of Instructions No. 1264, series of 1982.

(b) “Entry” shall mean the act or practice of trading or bringing in pellet gun in the country from an outside or foreign source.

(c) “Manufacture” shall mean the process or operation of making a pellet gun.

(d) “Distribution” means the act of marketing, supplying, merchandising or disposing of pellet gun in the market.

(e) “Sale” shall mean the act of selling, peddling, or retailing pellet guns, whether for money or any other material consideration.

(f) “Display” shall mean the act of exhibiting or showing pellet gun in a commercial establishment or enterprise for the purpose of trading or commercial purposes.

Section 3.  The following penalties shall be imposed upon individuals found guilty violating this Ordinance:

(a) The penalty of one (1) year imprisonment and a fine of five thousand pesos (P5,000.00) shall be imposed upon any individual who shall unlawfully enter or manufacture pellet gun in the City of       General Santos;

(b) The penalty of six (6) months to one (1) year imprisonment and a fine of three thousand (P3,000.00) shall be imposed upon any individual who shall unlawfully distribute or sell pellet gun in the City of General Santos;

(c) The penalty of three (3) months imprisonment and a fine of one thousand pesos (P1,000.00) shall be imposed upon any individual who shall unlawfully display pellet gun in the City of General Santos.

 

Chapter X

Barangay Tanods to Undergo Drug Test and Neuro-Psychiatric Examination

Section 1. All Barangay Tanods of General Santos City are mandated to undergo drug testing and neuro-psychiatric examination.

Section 2. Expenses that may be incurred in undergoing drug test and neuro-psychiatric examination shall be paid by the barangay concerned prior to their appointment for the position or continued appointments as Barangay Tanods.

Section 3. Manner of Drug Test.

  1. Drug test shall be made upon submission of their application for the position.
  2. Drug test and neuro-examination shall be conducted by any LTO accredited Drug Testing Centers in General Santos City and/or the local PNP Crime Laboratory.
  3. The PNP Patrol “ATOMM” Team shall validate the results of the drug test and neuro-psychiatric examination of the tanods and shall recommend to the Barangay Peace and Order Council the retention or termination of any tanod from the service.
  4. Random drug testing shall be conducted during incumbency of tanods.

Section 4.  Penalty Clause.

  1. Any prospective Barangay Tanod who fails the drug test and neuro-psychiatric examination shall be automatically disqualified.
  2. Any currently appointed Barangay Tanod who fails the drug test and neuro-psychiatric examination shall be removed from office after due investigation.

Section 5. All provisions under this Ordinance shall be in conformity with the Dangerous Drugs Act.

 

Chapter XI

Barangay Tanod Awards Committee

Section 1. Creation. – There shall be a Barangay Tanod Awards Committee (BTAC) which shall be under the Peace and Order Committee of the City of General Santos.

Section 2. Composition. – The Barangay Tanod Awards Committee (BTAC) shall be composed of the following:

Chairperson : City Director, PNP Gen. Santos City Police Office

Vice-Chairperson : City Director, DILG City Office

Members:

  1. President, Liga ng mga Barangay (LnB)
  2. Chairperson, SP Committee on Peace and Order
  3. Chief, Bureau of Fire and Protection (BFP)
  4. Department Head, City Social Welfare and Development Office (CSWDO)
  5. City Legal Officer, City Legal Office (CLO)
  6. Director, Philippine Drug Enforcement Agency (PDEA)
  7. 1 (one) NGO Representative selected from the City Peace and Order Council

Section 3. Functions of the Barangay Tanod Awards Committee and Secretariat. –

A. Barangay Tanod Awards Committee:

  1. To formulate the Criteria for the Search for the MODEL BARANGAY TANOD UNIT and BEST PERFORMING BARANGAY TANOD;
  2. To deliberate on the selection of the model barangay tanod unit based on the criteria set by the guidelines
    1. To conduct on-site evaluation and interview to identified barangays; the schedule of which will be agreed upon by the committee members; and
  3. To recommend to the Chairperson of the City Peace and Order Committee, Sangguniang Panlungsod, the winning Barangay Tanod Unit and Best Performing Tanod.

B. Secretariat:

  1. The PNP City Director of General Santos City shall act as the Secretariat of the Barangay Tanod Awards Committee;
  2. Initiate and coordinate the necessary activities for the Search for the Model Barangay Tanod Unit and Best Performing Barangay Tanod;
  3. Prepare and consolidate Evaluation Sheets/Forms for the conduct of the Search; and
  4. Facilitate the Awards of the winning Barangay and Tanods in coordination with the POC Secretariat.

 

Section 4.  Awards Categories and Criteria. –

Categories:

“MODEL BARANGAY TANOD UNIT “

“BEST PERFORMING BARANGAY TANODS”

  1. MOST COURAGEOUS TANOD
  2. MOST DEDICATED TANOD
  3. ENVIRONMENTALIST TANOD
  4. HUMANITARIAN TANOD

 

Criteria:

  1. MODEL BARANGAY TANOD UNIT

ORGANIZATION: 40%

  • 5% – Organized/Constituted the Barangay Peace and Order Committee;
  • 5% – Barangay Tanod Unit properly organized thru an Organization Structure;
  • 10% – Members of the Barangay Tanods appointed by the Punong Barangay with concurrence of the Sanggunian;
  • 10% – Membership of the Chief Tanod or any appointed Tanod to their Barangay Peace and Order Committee; and
  • 10% – Presence of a Female Tanod in the Unit

ACCOMPLISHMENTS: 60%

  • 10% – Presence of an Updated Barangay Public Safety Plan;
  • 10% – Periodic Submission of Reports of Accomplishments to the DILG City Director;
  • 10% – Quality of the Accomplishments

To include:
a) Enforcement of ordinances;
b) To assist the law enforcement agencies, implementation of search and warrant arrests; and
c) Implement warrantless arrest;

  • 10% – The Barangay has a Low Crime Rate (PNP ASSESSMENT);
  • 10% – Conduct of Regular Meetings of all Barangay Tanod; and
  • 10% – Skill and Knowledge of Tanod Members Regularly Enhanced thru attendance to Seminars or Training.

d)BEST PERFORMING BARANGAY TANODS

 

BEST IN PUBLIC SAFETY AND SECURITY

  • Who has shown exemplary courage in fighting against lawless elements, terrorism, illegal gambling and all forms of vices, drug pushing/addiction/trafficking, arresting of fugitives;
  • smuggling/syndicated crimes, kidnapping, carnapping, and man-made and natural disaster.
 

 

 

 

 

 

 

 

MOST DEDICATED TANOD

 

  • Who has shown exemplary performance in conducting patrol/ronda, assistance in facilitating smooth flow of traffic, tracking of missing persons, assistance on judicial processes such as execution of warrant of arrests, rendered other functions as directed by the Barangay Captain.
  • Wears Uniform during on-duty
  • Works overtime
  • Approachable and courteous
  • Regularly coordinates with the PNP, CSWDO, and other Government. Agencies
 

 

 

 

ENVIRONMENTALIST TANOD

  • Who has shown exemplary performance in the protection of environment, control of public disturbance, and fire prevention.
  • Participates in the Greening Program.
 

 

 

HUMANITARIAN TANOD

 

  • Who has shown exemplary performance in the protection of women’s rights, child abuse, sexual harassment, assistance on accident/emergencies and disaster, and trafficking in persons.


Section 5.
Prizes.

Model Barangay Tanod Unit

Best in Public Safety & Security

Dedicated Barangay Tanod

Environmentalist Barangay Tanod

Humanitarian Barangay Tanod

>  Plaque plus P50,000.00 cash

>  Plaque plus P10,000.00 cash

>  Plaque plus P10,000.00 cash

>  Plaque plus P10,000.00 cash

>  Plaque plus P10,000.00 cash


Section 6.
Manner of Selection/Evaluation. – The 26 Barangay Tanod Units of General Santos City are automatic entries to the Search. The succeeding selection and evaluation period shall be from January 2013 to September 30, 2013, and every three (3) years thereafter.

(For the Best Performing Tanods in the different categories: Best in Public Safety and Security, Most Dedicated, Environmentalist, and Humanitarian Tanods)

  1. The Punong Barangay shall submit nominees to each category;
  2. The Nominees shall be endorsed by the barangay Peace and Order Committee and Supervisor of the Tanod Unit; and
  3. Interview by the BTAC.

Section 7. Awarding Ceremony. – The awarding ceremony will be done in a formal program during the Kabarangayan Awards which is held every December of the year to be attended by all members of the Barangay Peace and Order Council dubbed as “Search for the Outstanding Barangay Tanods in General Santos City.”

Section 8. Honorarium. – Each member of the Barangay Tanod Awards Committee and the Secretariat shall receive honorarium of PhP 3,000.00 for the period of the evaluation.

Section 9. Funding Requirements. – Funds for the awards shall be taken mainly from the annual budget allocation of the Peace and Order Council of the City.

Section 10. Logistics Support. – A partnership agreement shall be established between the City of General Santos and any civic club of good standing which shall share resources in the preparation of the program, venue and other pertinent facilities, equipment and supplies needed for the awarding ceremony.

 

Chapter XII

Firecracker

A. Firecracker in General

Section 1. It is the declared policy of the City Government of General Santos to regulate and control the manufacture, distribution, sale and use of firecrackers consistent with, and in furtherance of, public safety, order and security, as well as enhancement of cultural tradition.

Section 2. As used in this Ordinance, the term firecracker shall mean as cylinder or of any type or make that is usually made of thick paper, contains an explosive and a fuse and is discharged for amusement to make a noise.

Section 3. It shall be unlawful to manufacture, distribute, sell, or use all firecrackers of any make, type, or size within the City of General Santos at any time, subject to the following exceptions:

  • When the firecrackers are used by the City of General Santos in connection with the celebration of its foundation or charter anniversary or any of its festivals or celebration;
  • When the use of the regulated firecrackers by any other person or entity at any occasion is authorized by the City Government.

Section 4. Any person or entity, other than the City of General Santos, desiring to use firecrackers in connection with the holding of fair, anniversary or any important occasion or celebration shall apply for exemption with the Office of the City Mayor. The application shall state the purpose for which the firecrackers shall be used, the exact time and duration when the firecrackers shall be used, and the location where such items shall be used. The approval of such application shall be at the discretion of the City Mayor.

Section 5. Any violation of this Ordinance shall suffer the offender thereof to an imprisonment of one (1) year or a fine of Five Thousand Pesos (P5,000.00) or both such fine and imprisonment at the discretion of the court.

No person or entity shall be issued business permit by the City Government in the manufacture, distribution or sale of firecrackers. In case a legitimate business establishment shall manufacture, distribute or sell firecrackers in addition to its usual line of business, the business permit of said legitimate business establishment shall be cancelled and the firecrackers shall be confiscated and destroyed by the City Government.

B. Watusi

Section 1. It shall be unlawful and prohibited for any person to manufacture, distribute, sell, dispose of, or possess within the City a certain firecracker commonly known as “WATUSI”.

Section 2. Any act done in violation of this Ordinance shall subject the offender to a penalty of not less than three (3) months but not more than six (6) months imprisonment, or a fine of not less than P2,000.00 but not more than P5,000.00, or both such fine and imprisonment at the discretion of the court. However, if such offender is a minor who is less than eighteen (18) years old, he or she shall be exempt from the penalties under this Ordinance, provided, that all “WATUSI” found under the offender’s possession shall be confiscated and may be used as evidence against the particular person who may have caused, made, or instigated said offender to manufacture, sell, dispose of, possess or use the said “WATUSI”.

 

Chapter XIII

Closed Circuit Television Security Camera

Section 1. Owners or management of banks and other financial institutions, land transportation, terminals, airport and seaport, public and private markets, government institutions, drug stores, groceries, gas stations, malls, pawnshops, colleges and universities, hotels, resorts, restaurants, convenience stores and other establishments operating twenty-four (24) hours in the City of General Santos shall install Closed-Circuit Television (CCTV) security camera with digital video recorder in their respective establishments: Provided, That this requirement shall be optional for establishments having yearly gross sales of less than Two (2) Million Pesos.

Section 2. Compliance of this Ordinance by the owners or management of said establishment shall be a pre-condition for the renewal of business or Mayor’s permit.

Section 3. Any owner or management of such establishments shall grant the personnel of Philippine National Police access to the video recorder of cctv security camera when necessary in gathering of intelligence information.

Section 4. The Office of the City Mayor shall issue rules and regulations for the smooth implementation of this Ordinance.

 

Chapter XIV

Carrying of Firearms

Section 1. TITLE. – This Ordinance shall be known as “Gun Control Ordinance of 2010”.

Section 2. DECLARATION OF POLICY. – It is the policy of the City Government to promote the safety of its inhabitants free from harm and protected from the injurious and deadly effects of acts of persons unnecessarily using firearms, ammunitions and explosives, whether licensed, permitted or not, in entertainment and other business establishments.

It is the objective of this Ordinance that the general public are at all times left secured respecting their personal safety shielded from possible harm brought about by acts of persons unnecessarily possessing and/or using such firearms in public places.

Section 3. DEFINITIONS OF TERMS.-

(a) Entertainment and Recreation Center – this refers to any place that offers entertainment to the general public that allows ingress and egress of persons to the establishment itself whether for a fee or free which includes, but not limited to, movie houses, theatres, videoke or sing along bars, disco clubs whether enclosed or not;

(b) Government Office – this refers to any office of the local and national government within the City which shall include City Hospital, City Public Market, City Terminal, City Slaughterhouse and City Parks and Plazas;

(c) Other Place of Public Convergence – refers to any place where the general public are allowed ingress and egress that includes, but not limited to, hotels, motels, lodging houses, restaurants, eateries, coffee shops, shopping malls, department stores, shopping arcades, churches and other house of worship, privately owned markets, educational institution, internet cafes whether enclosed or not, ports, resorts, terminals, and hospitals and health facilities;

(d) Firearms, Ammunitions and Explosives – shall mean the firearms, ammunitions and explosives contemplated under Republic Act No. 8294, or an Act Amending the Provisions of Presidential Decree No. 1866, as amended.

Section 4. PROHIBITED ACTS. – The following are prohibited acts:

(a) Any person in possession of any firearm, ammunition, or explosive is prohibited from entering any entertainment and recreation center, business establishment, government offices and other places of public convergence unless he/she is a member of the Armed Forces of the Philippines, the Philippine National Police or any duly constituted law enforcement agency who by proper legal documentation is legally permitted to carry such firearm, ammunition, or explosive by reason of an official mission inside the said premises or in hot pursuit therein relative to law enforcement inside the said premises.

(b) Entertainment and Recreation Centers, Business Establishments and Government Offices are prohibited from allowing any person in possession of any firearm, ammunition or explosive to enter their premises.

Provided that any firearm, ammunition and explosive duly turned-over to the security personnel or security guard of the entertainment and recreation center, business establishment and government office thereafter deposited and registered in the proper safekeeping area or place within the said entertainment and other business establishment shall not be considered to have been brought inside the said premises for purposes of this Ordinance.

Section 5. PERSONS LIABLE. – The following are liable under this Ordinance:

(a) Any person in possession of any firearm, ammunition or explosive who refuses to deposit his/her firearms and enters any entertainment and recreation center, business establishment, government office and other places of public convergence other than the members of the Armed Forces of the Philippines, the Philippine National Police or any duly constituted law enforcement agency who by proper legal documentation is legally permitted to carry such firearm, ammunition or explosive by reason of an official mission inside the said premises or in hot pursuit therein relative to law enforcement inside the said premises.

(b) The owner or operator of the entertainment and recreation center and business establishment and who allows any person in possession of any firearm, ammunition or explosive to enter its premises.

Provided, that if at the time any person in the possession of any firearm, ammunition or explosive is allowed entry into the entertainment and other business establishment the said owner or operator is not present or that the said owner or operator is a juridical person, the President, General Manager, Manager, Head, Supervisor, or any responsible person who has actual management or supervision of the establishment at that time shall be liable.

(c) Any security personnel or security guard assigned in the entertainment and recreation center, business establishment, government office and other places of public convergence who actually allows such person to enter said establishments and places shall also be liable.

Section 6. PENALTIES FOR VIOLATION. – The persons liable under this ordinance shall be penalized as follows:

(a) Those covered under Section 5, paragraphs a and b above and found guilty thereof shall be penalized with a fine of not more than Five Thousand (P5,000.00) Pesos or imprisonment of not more than one (1) year, or both, at the discretion of the court; and

(b) Those covered under Section 5, Paragraph (c) above and found guilty thereof shall be penalized with a fine of not more than Three Thousand (P3,000.00) Pesos or imprisonment of not more than six (6) months, or both, at the discretion of the court.

Provided, that if the offender is a member of the Armed Forces of the Philippines, Philippine National Police and other duly-constituted law enforcement agencies and not exempt from liability as provided in this Ordinance, the penalties in its maximum shall be imposed; and if ammunition or explosive is not duly permitted pursuant to applicable laws, he/she shall likewise be charged for such illegal possession in the proper courts under existing laws.

Section 7. ADMINISTRATIVE SANCTIONS. – Entertainment and recreation centers, business establishments, and other places of public convergence covered by the Ordinance shall provide within their premises an adequate safekeeping area where all firearms, ammunitions and explosives of the persons entering these premises shall be deposited after registration and identification. The said firearms, ammunitions and explosives so deposited shall be kept under lock and key and fully secured.

This requirement shall be provided by the entertainment and other business establishments covered by this Ordinance within thirty (30) days from the effectivity of this Ordinance.

In addition to the penal liabilities provided under Section 6 above, any violation by the owner, operator, manager, supervisor or other persons connected with the entertainment and other business establishment covered by this Ordinance shall subject the entertainment and business establishment to administrative liabilities as follows:

First Infraction        – P3,000.00
Second Infraction       – P5,000.00
Third and subsequent Infractions – cancellation and/or revocation of the business permit.

All Government Offices in the City of General Santos shall provide within their premises an adequate safekeeping area where all firearms, ammunitions and explosives of persons entering these premises shall be deposited after registration and identification. The said firearms, ammunitions and explosives so deposited shall be kept under lock and key and fully secured.

Section 8. IMPLEMENTING RULES AND REGULATIONS. – Within thirty (30) days from effectivity of this Ordinance, the Office of the City Mayor, in coordination with General Santos City Police Office, shall formulate the rules and regulations for the effective implementation of this Ordinance.

 

Chapter XV

Establishment of Police Line

Section 1. Unauthorized persons who cross or breach a police line/cordon in General Santos City shall be punished under this ordinance.

Section 2. For purposes of this ordinance, the following terms shall mean:

  • Police line – a demarcation line which is drawn or made by law enforcement officers involved in a legitimate on-the-scene crime or the investigation or response, which purpose is to prevent bystanders or other individuals not involved in such operation, response, investigation or from getting near or proximate to the crime or fire scene. It is usually but not necessarily indicated by a yellow strip or clothing or other material which bears the words, “POLICE LINE, DO NOT CROSS.”
  • Authorized persons – refer to those allowed to enter the police lines such as: SOCO team, police investigators, ground commander or any other higher officer assigned by the City Director, and other persons who can aid in the investigation and who are duly authorized by law.

Section 3. Any person who violates this ordinance shall be punished by a fine of P5,000.00 or an imprisonment of 15 days or both such fine and imprisonment at the discretion of the court or a community service recommended by the Punong Barangay where the incident shall have taken place.

Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, signature, age and address of the person apprehended; (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance; (c.) the amount of fine which is payable in favor of the City Government of General Santos; and (d.) notice requiring the person apprehended for extra-judicial settlement of his/her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the Court of law.

 

Chapter XVI

Prohibition Against All Forms of Drag Racing

Section 1. All forms of drag racing in the City of General Santos are hereby prohibited. No person shall engage in drag racing using motorcycle, automobile, trucks, tricycle or any vehicle in any street, road, thoroughfare, racing track, drag strip, or any venue made for the same purpose at any given time within the City of General Santos.

Section 2. As used in this Ordinance, the following terms are hereby defined:

  • drag race – a race between motorcycles, cars or tricycles on a paved or unpaved straight tracks with the object of trying to maneuver each other in terms of speed in order to win a certain bet or price.
  • drag strip – a short straight tract used for drag racing.
  • Motorcycle – a two-wheeled road vehicle powered by a gasoline engine.
  • Tricycle – a two-wheeled road vehicle with sidecar
  • Automobile – a road vehicle usually with four (4) wheels and powered by an internal combustion gas or diesel engine designed to carry a small number of passengers.

Section 3. It is the duty of the traffic enforcer or deputized personnel to apprehend any person who engages in drag racing at any given time, place or event, as specified and described in this Ordinance.

Section 4. Any person or group of persons who violates this Ordinance shall be punished by a fine of Three Thousand Pesos (P3,000.00) or imprisonment of ten (10) days or both such fine and imprisonment at the discretion of the Court.

If the violator is a group, association, corporation, partnership, or cooperative, the group leader, president or manager shall additionally be liable thereof.

Where the violator of this Ordinance does not contest his or her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, signature, age and address of the person apprehended, (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the amount of fine which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person apprehended for extra-judicial settlement of his or her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the court of law.

Section 5. Any form of gambling during drag racing is hereby prohibited.

Section 6. The Philippine National Police (PNP) of the City of General Santos shall confiscate the bets and paraphernalia involved in drag racing gambling for purposes of filing the necessary charges.

Section 7. After the effectivity of this Ordinance, the City Mayor, in coordination with the City Transportation and Management Committee shall issue an Executive Order prescribing the rules and regulations for the smooth implementation of this Ordinance.

 

-oOo-


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