Republika ng Pilipinas
Lungsod ng Pagadian
Tanggapan ng Sangguniang Panlungsod
50th Regular Session December 20, 1982
Bill No. 26
CITY ORDINANCE NO. 37
(GARBAGE)
"AN ORDINANCE PROVIDING FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF REFUSE OR GARBAGE IN THE CITY OF PAGADIAN AND PROVIDING PENALTIES FOR VIOLATION THEREOF"
ARTICLE I - Purpose and Declaration of Intent-
SECTION 1. - The purpose of this Ordinance is to Institute within the area of the City of Pagadian an orderly and modern program for the collection, transportation, and disposal of refuse and garbage of every and all kinds in order to promote the welfare, convenience, health and safety of the community. It is declared hereby, that it is for the public interest that the preparation, accumulation, storage, collection, transportation and disposal of refuse and/or garbage of every and all kinds be handled in such a manner as to prohibit the harborage and breeding of rodents and insects; reduce air pollution; prevent the spread of disease; and prevent unsightliness, which results in the depreciation of property values and prevents the comfortable enjoyment of life. It I also further declared that the burden of garbage disposal and collection shall henceforth be the join concern and responsibility of every resident in the City of Pagadian and the City Government. Violation, therefore, will henceforth be dealt with accordingly in order that maximum compliance is ensured.
ARTICLE II - Definition -
SECTION 1. - Garbage:
"Garbage" means any putrescible animal, fish, fowl, fruits, or vegetable refuse, resulting from the preparation, storage, handling, or consumption of foods, except food processing waste, vegetable and fruit packing waste, swill, and offal, and shall include containers or non-putrescible materials to which particles of putrescible materials are attached.
SECTION 2. - Refuse and/or Rubbish:
It is the non-organic waste from stores, offices and places of business; and include such things as floor sweeping, broken glass, rugs, paper, dust, dried leaves, etc.
SECTION 3. - Swill:
"Swill" means those particular waste materials which are wholly, or nearly so, edible and usable as food for animals or fowl, and are usually accumulated from clubs, hospitals, hotels, restaurants and other public eating places.
SECTION 4. - Waste:
"Waste" means the useless, unused, unwanted or discarded material and debris resulting from normal community activities, or materials which by their presence may injuriously affect the health; safety and comfort of persons, and whose presence tends to depreciate the vicinal property values, and includes all putrescible and non-putrescible solid or liquid waste, whether combustible or non-combustible, not otherwise defined in the various definitions contained in this Article.
SECTION 5. - Disposal Area:
"Disposal Area" means the premises or site where the disposal of waste, refuse, garbage, industrial waste and commercial garbage is permitted.
SECTION 6. - Garbage or Refuse Collector:
"Garbage or Refuse Collector" means any person collecting or transporting refuse in the City of Pagadian in accordance with this Ordinance or who provides such services pursuant to a contract.
ARTICLE III - System of Garbage Collection
SECTION 1. - Responsibility:
The ultimate responsibility of an efficient and sanitary system of garbage collection rests directly on each resident. It must be his duty and responsibility to observe strictly and at all times the rules and regulations prescribed for an efficient garbage collector. Each homeowner (head of the household) shall be responsible for the cleanliness of their premises; any infractions of the law regarding garbage dumping, littering, or violation of this Ordinance the homeowner, manager, etc. will be held liable.
SECTION 2. - Role of the City Government:
A - City Engineer
The City Engineer shall, oversee that the Garbage Collection System is working satisfactorily and efficiently:
1. A schedule of garbage collection for the different areas must be worked by the City Engineer's Office. The garbage collections scheduled must be announced to the general public.
2. He must provide the garbage or dump trucks to be used for hauling the garbage.
B - City Health Officer
The Office of the City Health Department is hereby charged to:
1. Field Sanitary Inspectors (SI) to different areas of the City of Pagadian in order to check, inspect, advise and/or instruct the homeowner on the correct and sanitary collection and disposal of their garbage. For the first infraction of the law, the homeowner's attention must be called by the Sanitary Inspector or a written memo should be left to the homeowner. For the second infraction the homeowner (or manager/in-charge) must be cited to appear before the City Health Officer (or his authorized representatives) to receive a lecture on the propriety of observing the provisions of this Ordinance. For the third violation, the homeowner must be charged in Court.
2. To inspect the garbage disposal area regularly in order to make recommendations to the City Mayor on the continued maintenance of the optimum sanitary requirements.
SECTION 3. - Role of the Barangays:
Each and every barangay's cooperation and involvement in the garbage collection and disposal shall earnestly solicited.
A. Duties of Officers and Barangay Police:
1. They shall help the Sanitary Inspectors to see to it that the Ordinance has been strictly complied with;
2. They shall help in the cleanliness campaign.
SECTION 4. - Mechanics of Operation:
A. Sanitary Garbage Receptacles: - Each homeowner ( or manager, in-charge, etc.) must provided sanitary garbage receptacle either metallic or plastic to be placed in their own premises while waiting for the Garbage Collector as scheduled; No garbage receptacle should be placed in front of each residence and no garbage will be collected if not placed in a proper receptacle. No such containers shall be kept in an unsanitary condition and shall be located in such a place as to be readily accessible, but away from the traveled portion of the street. All garbage receptacles or containers shall be removed immediately from the sides of the street after the collection trucks have passed.
B. Cleanliness of Premises: - Each homeowner (manager, in-charge, etc.) shall be responsible for the cleanliness (free from garbage dumping) of the area within his premises. Any garbage dumping by unauthorized person should be immediately reported to the Office of the City Health or the Police Department. A citizen's arrest may be effected against those dumping garbage wantonly, and such persons will be prosecuted to the full extent of the law.
ARTICLE IV - Violation and Penalties, Severability, Repeals and Effectivity.
SECTION 1. - Any person and/or homeowner found guilty of violating any provision of this Ordinance shall be punished by a fine of not less than Twenty (P20.00) Pesos nor more than Fifty (P50.00) Pesos or by imprisonment of not less than two (2) days nor more than one (1) week or both such fine and imprisonment at the discretion of the Court. If the violation is committed by a firm, corporation, the manager or person in-charge, with the management thereof, shall be criminally responsible therefore. Every violation of any provision of this Ordinance shall be construed as a separate offense, punishable by a separate penalty.
SECTION 2. - Severability - If any section, sub-section, sentence, clause or phrase of this Ordinance is, for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 3. - Repeals: All previous ordinances or parts of ordinance inconsistent with the provision hereof are hereby repealed and/or modified.
SECTION 4. - Effectivity: This Ordinance shall take effect immediately upon approval by the Mayor.
ENACTED AND APPROVED by the Sangguniang Panlungsod on December 20, 1982, at the Session Hall, Pagadian City.
APPROVED BY HIS HONOR, the City Mayor, this City, on January 4, 1983.
ATTESTED:
(SGD.) PLATON L. URRO (SGD.) RUTH B. DURAN
Presiding Officer Secretary