ORDINANCE NO: 2000-188 "AN ORDINANCE REGULATING THE USE, POSSESSION AND SALE OF POTASSIUM CHLORATE, AMMONIUM NITRATE, POTASSIUM NITRATE, SODIUM NITRATE, SODIUM CHLORATE AND OTHER CHEMICALS USED AS EXPLOSIVE INGREDIENTS" WHEREAS, the survival of mankind is dependent on the protection of the lives and limbs of people, as well as the preservation and conservation of its environment; WHEREAS, local government units are now vested with power and authority to protect the environment as it relates to the utilization and conservation of water resources, among others; WHEREAS, dynamite and other forms of illegal fishing are reportedly rampant causing damage to marine resources of the City of Pagadian and its environs; WHEREAS, on the other hand, bombing of public places in some neighboring provinces and cities have been caused by home-made bombs made out of these chemicals as ingredients; WHEREAS, the explosives used in illegal fishing and in the production of home-made bombs are easily manufactured with the availability and unregulated sale of these ingredients; WHEREAS, it has become imperative to regulate the use, possession and sale of chemicals of this nature; NOW THEREFORE, the Sangguniang Panlungsod of the City of Pagadian, in a regular session assembled, hereby ordains that: Section 1. Any person desiring to possess, use and/or sell Potassium Chlorate, Ammonium Nitrate, Potassium Nitrate, Sodium Nitrate, Sodium Chlorate and other chemicals or compounds used or that can be used as ingredients in the manufacture of explosives must first secure a license or permit from the Philippine National Police, through the Chief of Police of Pagadian City. Section 2. The mere possession, actual or constructive, of Potassium Chlorate, Ammonium Nitrate, Potassium Nitrate, Sodium Nitrate, Sodium Chlorate and other chemicals or compounds that can be used as ingredients in the manufacture of explosives by any person who cannot produce a license or permit duly issued by the Philippine National Police, through the Chief of Police of Pagadian City, shall be prima facie evidence that such possession is unauthorized. However, exemptions are to be made, upon showing the proper documents to those employees or agents by owners or dealers or buyers whose business dealings are transacted outside the City of Pagadian, but who are in temporary possession of the above-mentioned chemicals while in transit within the territorial jurisdiction of Pagadian City. Section 3. It shall be unlawful to sell Potassium Chlorate, Ammonium Nitrate, Potassium Nitrate, Sodium Nitrate, Sodium Chlorate and other chemicals or compounds that can be used in the manufacture of explosives without first securing from the buyer a copy of the license to possess and/or use the same issued by the Philippine National Police, through the Chief of Police of Pagadian City, and unless the sale is recorded in an appropriate record book, indicating therein the name and address of the buyer, the quantity of the aforementioned chemicals or compounds purchased and the purpose for which the chemicals or compounds would be used. Section 4. All dealers licensed to possess and sell Potassium Chlorate, Ammonium Nitrate, Potassium Nitrate, Sodium Nitrate, Sodium Chlorate and other chemicals or compounds that can be used as ingredients in the manufacture of explosives are required to issue written official receipt for every sale made indicating thereat the name and address of the buyer and the quantity purchased and shall reflect the necessary entries in a Record Book kept for the purpose. Section 5. All quarry operators, firecracker manufacturers and other explosives licensees shall, at the end of every month, submit to the Office of the City Mayor, the "Monthly Report for Explosives" in triplicate. Failure to submit an up-to-date monthly report shall be a sufficient ground for recommendation to Philippine National Police to disapprove the application for a Permit to Purchase or Import explosive ingredients or to cancel an existing license. Section 6. The chemicals or compounds subject of this ordinance shall first be transformed into liquid form by adding water before distribution or sale to agricultural end users. Section 7. All Record Books required by this Ordinance shall be subject to inspection at any reasonable hour of the working day by a duly designated representative of the Office of the City Mayor or the Chief of Police of the Pagadian City Police Command. Section 8. Potassium Chlorate, Ammonium Nitrate, Potassium Nitrate, Sodium Nitrate, Sodium Chlorate and other chemicals or compounds that can be used as ingredients in the manufacture of explosives shall be stored in structures constructed of strong materials, secured or otherwise, adequately protected against theft, located away from fire hazards and far from slum areas to minimize pilferage and should be able to accommodate the quantities in the approved license. Section 9. Any person found violating any provision of this ordinance shall suffer a penalty of a fine of not less than Three Thousand (P3,000.00) Pesos but not more than Five Thousand (P5,000.00) Pesos, or imprisonment of six months to one year or both such fine and imprisonment, at the discretion of the Court. Moreover, the City Mayor, after proper hearing, may impose the administrative penalty of closure against the erring establishment. Section 10. Upon apprehension, the above-mentioned regulated chemicals shall be confiscated and turned over to the PNP Explosives Unit for proper disposal. Section 11. Any ordinance or provisions thereof which are in conflict with this ordinance or any of its provisions shall be deemed to have been repealed, amended and/or modified accordingly. Section 12. If any provision of this ordinance is subsequently declared by the Court to be invalid or unconstitutional, the provisions not so declared shall not be affected thereby and shall remain in force and effect. Section 13. This ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (6th City Council) of Pagadian City on its 115th Regular Session held on November 3, 2000 at the Sangguniang Panlungsod Session Hall.