ORDINANCE NO: 1989-59 "AN ORDINANCE BANNING SMOKING INSIDE GOVERNMENT OFFICES, PUBLIC SCHOOLS AND PUBLIC HOSPITALS LOCATED WITHIN THE CITY OF PAGADIAN EXCEPT IN DESIGNATED SMOKING AREAS AND IMPOSING PENALTIES FOR VIOLATION THEREOF" BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY THAT: ARTICLE I - PURPOSE This Ordinance is enacted to protect the health of smokers as well as non-smokers from the bad effects of the smoke from tobacco and cigarettes. ARTICLE II - DEFINITIONS Banning - prohibiting Smoking - is drawing the smoke of or from cigarettes or tobacco into the mouth or lungs and blow it out again and/or carrying a lighted cigar, cigarette or tobacco. Government Office - the building, room, or series of rooms in which the affairs of a branch of government are carried on. Classroom - a room in a school or college in which classes are held. Hospital - an institution where the ill or injured received medical, surgical, dental or psychiatric treatment, nursing care, food and lodging, etc. ARTICLE III - REGULATIONS SECTION 1. - No person shall smoke inside government offices during office hours; inside classrooms before and during classes; and inside hospitals at any time of the day or night. SECTION 2. - The managers, chiefs or heads of government offices, schools and hospitals shall have the authority or responsibility to designate the smoking areas which will be outside the office, classroom or hospital. SECTION 3. - Smoking employees shall be given a break of not more than ten (10) minutes in the morning and another ten (10) minutes in the afternoon to coincide with the coffee break. SECTION 4. - "NO SMOKING" signs in big bold red letters (at least 4 inches in height, 3 inches in width and 1 inch thick) with white background shall be posted in conspicuous places in every room inside government offices, classrooms, and hospitals. ARTICLE IV - PENALTIES SECTION 1. - Any person found guilty of violating Section 1 of Article III of this Ordinance shall be fined not less than Twenty (P20.00) Pesos and not more than Fifty (P50.00) Pesos payable to the City Government or suffer an imprisonment of not less than two (2) days but not more than five (5) days. SECTION 2. - Any manager, chief, or head of an office, school, or hospital who fails to designate a smoking area shall pay a fine of Two Hundred (P200.00) Pesos. In case he/she can not pay the fine within 8 hours, an amount equivalent to ? month pay shall be deducted from the salary but not to exceed the amount of One Thousand (P1,000.00) Pesos. SECTION 3. - Any manager, chief, or head of an office, school or hospital who fails to post the required "NO SMOKING" signs inside the office, classroom or hospital shall suffer the same fine as stated in Article IV, Section 2 of this Ordinance. ARTICLE V - SEPARABILITY CLAUSE In case any provision or part of this Ordinance be declared invalid or unconstitutional, the same shall not affect the validity of the other provisions or parts of this Ordinance. ARTICLE VI - EFFECTIVITY This Ordinance shall take effect fifteen (15) days after its publication in any of the local newspaper. ENACTED AND APPROVED by the Sangguniang Panlungsod of Pagadian City during its 8th Regular Session, at the Session Hall on February 20, 1989.