ORDINANCE 11 series of 2005


EXCERPT FROM THE MINUTES OF THE 69TH REGULAR SESSION OF THE  14TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON THURSDAY, NOVEMBER 3, 2005.

PRESENT:

 

Hon. Florentina L. Congson                                   City Vice Mayor and Presiding Officer

Hon. Shirlyn L. Bañas-Nograles                          City Councilor (President Pro Tempore)

Hon. Jose Orlando R. Acharon                             City Councilor (Floor Leader)

Hon. Lourdes F. Casabuena                                   City Councilor (1st Assistant Floor Leader)

Hon. Minda L. Atendido                                         City Councilor (2nd Assistant Floor Leader)

Hon. Minardo A. Avila, Jr.                                   City Councilor

Hon. Jose Mari C. Natividad                                City Councilor

Hon. Dominador A. Lagare                                   City Councilor

Hon. Ramon R. Melliza                                           City Councilor

Hon. Zoilo C. Abing, Sr.                                          City Councilor

Hon. Eduardo D. Leyson III                                    City Councilor

Hon. Orlando A. Oco                                                City Councilor

Hon. Jose Mariano Constantino G. Gonzalez           City Councilor

Hon. Delia G. Rabanes                                            City Councilor (President, Liga ng mga Barangay)

Hon. Brian G. Estrellan                                          City Councilor (SK Federation President)

 

ABSENT:

NONE

NOW THEREFORE, on motion of City Councilor Eduardo D. Leyson III, duly seconded by City Councilors Jose Orlando R. Acharon, Lourdes F. Casabuena, Delia G. Rabanes and Shirlyn L. Bañas-Nograles, be it  –

 

RESOLVED, as it is hereby resolved, to enact the following Ordinance:

 

 

ORDINANCE NO. 11

Series of 2005

 

AN ORDINANCE PROHIBITING THE MANUFACTURE, DISTRIBUTION, SALE AND USE OF FIRECRACKERS IN THE CITY OF GENERAL SANTOS,

PROVIDING PENALTY FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES

 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Hon. Ramon R. Melliza, Hon. Jose Orlando R. Acharon,

Hon. Shirlyn L. Bañas-Nograles, Hon. Eduardo D. Leyson III

and  Hon. Minardo A. Avila, Jr. – Sponsors

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

 

Be it ordained by the Sangguniang Panlungsod of General Santos that:

 

Section 1. DECLARATION OF POLICY. – 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.  DEFINITION OF TERM. – 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.  PROHIBITED ACTS.  – 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:

 

(a)   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;

(b)   When the use of the regulated firecrackers by any other person or entity at any occasion is authorized by the City Government.

 

Section 4. WHERE TO FILE APPLICATION FOR EXEMPTION.- 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. PENALTY CLAUSE. – 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.

 

Section 6. REPEALING CLAUSE. – The provisions of previous local enactments, resolutions, memoranda, circulars, and other issuances inconsistent with this Ordinance are hereby repealed or modified accordingly.

 

Section 7.  SAVING CLAUSE. – In the event that a provision of this Ordinance is pronounced or decreed invalid or unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall remain in full force and effect.

 

Section 8. EFFECTIVITY CLAUSE .- This ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within General Santos City.

 

Enacted by the Sangguniang Panlungsod, City of General Santos, on its 69th Regular Session held on November 3, 2005.

 

 

CERTIFIED CORRECT:

 

 

              (SGD) ATTY. ROSENDO A. ROQUE
                   Secretary to the Sanggunian

 

 

ATTESTED BY:

 

 

(SGD) FLORENTINA L. CONGSON

City Vice Mayor and Presiding Officer

 

Approved by His Honor, the City Mayor on November 25, 2005.

(SGD) PEDRO B. ACHARON, JR.

City Mayor

 

N.B.

 

This Ordinance has been published in the THE SOUTHERN REVIEW as can be verified in its issue on December 26, 2005 to January 01, 2006.


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