ORDINANCE NO: 1999-171 "AN ORDINANCE REGULATING THE USE OF STREETS AND SIDEWALKS IN THE CITY OF PAGADIAN" SECTION 1. Definition: Sidewalk - Any paved footpath at the side of a street or roadway. SECTION 2. It shall be unlawful for any person, natural or juridical, to occupy any portion of the streets and/or sidewalks within the City of Pagadian for purposes other than purely pedestrian passage, including but not limited to the following: Vending or selling of food, magazines, newspaper, cigarettes, brooms, watches or jewelries, shoes and other footwear and/or any other items; Conduct of shoe-shine occupation; Conduct of "religious" activities, such as preaching and seeking of alms; Vehicle garage and/or vehicle repair; Dumping of garbage; Doing house chores such as washing clothes, hanging clothes and/or taking a bath; Setting up of basketball court goal; Use of sidewalk to install pens for animals or keep animals in chains; Storing softdrinks or wine/liquor bottles and cases of beverages and/or holding of picnics/gathering; Storing of junk and/or recyclable materials; Storing of construction materials for sale (pipes, tubings, lumber, cement and the like) House and/or Store extension, stall construction; Installation of permanent or picket fence; Use of sidewalks for plants, trees and plant boxes; Signs or signboards on or above sidewalks and detached from the business establishment; SECTION 3. All items found on sidewalks shall be confiscated by the government without prior notice. The same shall be treated as common or ordinary garbage and shall be disposed of as such. The government shall not be held liable for any damage arising from the removal, confiscation or disposal of the confiscated items. SECTION 4. Any use of the sidewalks on a temporary basis and for a definite period only shall require a special permit from the Office of the City Mayor. SECTION 5. Voluntary Fines. Within forty-eight (48) hours from his receipt of the duplicate copy of the notice of violation, the violators may elect, in lieu of prosecution, to voluntarily pay the corresponding fine provided as follows: Frequency Fine First Offense P1,000.00 Second Offense P2,000.00 Third Offense No fine. The case shall be filed with the City Prosecutor's Office for prosecution. Provided, however, that for the first and second offenses the violator within forty eight hours from the time and date of his violation must present the duplicate copy of the Notice of Violation issued to him to the City Mayor or his authorized representative who shall endorse the same to the City Treasurer for payment of the corresponding fine; provided, further that if the violator fails to appear or refuse to pay the voluntary fine prescribed above, the City Mayor shall direct the City Legal Officer to initiate, within twenty-four (24) hours, prosecution proceedings against the violator with the City Prosecutor's Office. SECTION 6. Penalties. The following penalties shall be imposed if the violator is prosecuted and is subsequently convicted by a competent court: Fine of Two Thousand Five Hundred (P2,500.00) Pesos or, in case of insolvency, one (1) day imprisonment for every One Hundred (P100.00) Pesos fine, or both fine and imprisonment at the discretion of the court. SECTION 7. At the option of the government, the property owner shall be charged, in addition to the penalties stipulated under the preceding section, an amount not less than P1,000.00 to cover the cost of collection, storage or disposal of the confiscated items or debris. SECTION 8. Repealing Clause. All Ordinances, Resolutions, Local Executive Orders, Rules and Regulations or parts thereof in conflict of inconsistent with this Ordinance are hereby repealed and/or modified accordingly. SECTION 9. Separability Clause. If, for any reason/s any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be full force and effect. SECTION 10. This Ordinance shall take effect immediately upon approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (6th City Council) of Pagadian City on its 59th Regular Session held on September 8, 1999 at the Sangguniang Panlungsod Session Hall.