ORDINANCE NO: 2002-215 "AN ORDINANCE REMOVING ALL UNSERVICEABLE VEHICLES PARKED ALONG THE HIGHWAYS, PUBLIC THOROUGHFARES, PUBLIC BOULEVARDS, DRIVEWAYS, AVENUES, PARKS, STREETS, ALLEYS, SIDEWALKS AND/OR CALLEJONS PROVIDING CHARGES, STORAGE FEES AND PENALTIES THEREOF" WHEREAS, Book III, Title III, Chapter III, Article 2, Section 458(4)(i) of Republic Act No. 7160 otherwise know as the Local Government Code of 1991, expressly empowers the Sangguniang Panlungsod to enact ordinances in order to declare, prevent or abate any nuisance for the promotion of general welfare of its inhabitants; WHEREAS, regulating the use of highways is envisioned to prevent or abate any nuisance and eyesore in the City, and by removing the entire unserviceable vehicles parked along our highways would lessen the incidence of accident for motorist and by-passers; WHEREAS, there is a need to establish Towing Division under the Office of the City General Services for the implementation of this Ordinance; WHEREAS, requiring the payment of towing fees, storage fees and penalties from the owner/s of the towed unserviceable vehicle will help attain the objectives of this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the Sangguniang Panlungsod of the City of Pagadian in session assembled that: CHAPTER I TITLE AND DECLARATION OF POLICY Article 1. Title. This Ordinance shall be known as the "TOWING OF UNSERVICEABLE VEHICLE." Article 2. Declaration of Policies. The City Government of Pagadian hereby makes it a policy to periodically inspect and monitor the cleaning and safety of our highways within the territorial jurisdiction of Pagadian City in order to protect the safety of the motorists and by-passers. All unserviceable vehicles parked along highways within the City are declared as public nuisance and, as such, shall be towed and deposited in a place designated by the City Government, and the owner of the said vehicle shall be required to pay the corresponding amount as provided herein. CHAPTER II DEFINITION OF TERMS Article 3. Definition of Terms. As used in this Ordinance: Vehicle - as used in this Ordinance, shall refer to those unserviceable vehicle parked along the highways; City - shall mean the City of Pagadian covering all the areas within its territorial jurisdiction as provided for by the law and its charter; Owner - shall mean the actual legal owner of a motor vehicle in whose name such vehicle is duly registered with the Land Transportation Office; Light Vehicle - for the purpose of this Ordinance, shall refer to those vehicle weighted up to 2,300 kilograms; Medium Vehicle - shall refer to those vehicle weighted from 2,301 kilograms to 4,500 kilograms; Heavy Vehicle - are those vehicle weighted higher than 4,501 kilograms; Parked - shall mean that a motor vehicle is parked if it has been brought to a stop on the shoulder or proper edge of a highway, and remains inactive in that place or close thereto for a period of one (1) week; Highways - shall mean every public thoroughfare, public boulevard, driveway, avenue, parks, streets, alleys and/or callejons, but shall not include roadways or grounds owned by private persons, colleges, universities and/or other similar institutions; Notice of Removal - a form of notice issued by the Office of the City Mayor informing the owner of the vehicle to removed such vehicle within one (1) week or else such vehicle would be removed by the City Government. Notice of Confiscation - It is a notice issued by the City Legal Officer informing the owner of the towed vehicle that there is a need for him to redeem his vehicle within a certain period of time or else such vehicle will be forfeited in favor of the City Government. CHAPTER III IMPLEMENTING AGENCY AND THEIR DUTIES AND POWERS Article 4. Implementing Agency. The following are the concerned agencies to implement this Ordinance: Office of the City Mayor Office of the City Treasurer Philippine National Police-Traffic Division City General Services Office City Legal Office Article 5. Duties and Powers of the Office of the City Mayor. The Office of the City Mayor shall have the duties and powers to: Sign all the necessary notices for the implementation of this Ordinance; Coordinate with other implementing agencies for the implementation of this Ordinance; Appoint/designate personnel and purchase towing vehicle and equipment necessary for the implementation of this Ordinance; Identify and provide an area for the storage of the towed vehicle; Article 6. Duties and Powers to the Office of the City Treasurer. The City Treasurer's Office shall have the duties and powers to: Collect the towing fees, storage fees and penalties imposed in this Ordinance and issue the corresponding receipt upon the payment thereof; Facilitate the bidding of the confiscated vehicle. Article 7. Duties and Powers of the Philippine National Police-Traffic Division. The PNP-Traffic Division shall have the duties and powers to: Inform the City General Services Officer of the presence of unserviceable vehicles parked along the highway within the territorial jurisdiction of Pagadian City; Deliver the "Notice of Removal'' to the owner of the unserviceable vehicle parked along the highways; Assist the towing personnel in the removal of the vehicle to be confiscated. Article 8. Duties and Powers of the Office of the General Services. The City General Services Office shall have the duties and powers to: Prepare "Notice of Removal" to be signed by the City Mayor; Takes charge in the safekeeping of the towed unserviceable vehicle; Return the impounded vehicle upon presentation of the receipt issued by the City Treasurer's Office to the owner of the towed vehicle. Inform the City Treasurer's Office for the confiscated vehicle to be disposed. Article 9. Duties and Powers of the City of the City Legal. The City Legal Officer shall have the duties and powers to: Issue the "Notice of Confiscation" to the owner of the towed unserviceable vehicle, after six (6) months from the date of the removal of the subject vehicle from the place it was parked; Prepare the Deed of Sale after the bidding of the confiscated vehicle; Coordinate with the Land Transportation Office for the cancellation of such vehicle registration to pave way for the declaration of such unserviceable units as junk. Prepare the necessary document after the bidding of the confiscated junk vehicle. CHAPTER IV IMPLEMENTING CHAPTER Article 10. All owners of unserviceable vehicles parked along the highway for a duration of one (1) week shall be served the Notice of Removal and the vehicle owner will be a one (1) week grace period to remove such vehicle from the highway. Thereafter, the City Government through the Towing Division of the City General Services Office shall remove the vehicle with the assistance of the Traffic Division of the Philippine National Police. Article 11. The City General Services Officer shall issue the Notice of Removal, to be signed by the City Mayor, to the owner of the unserviceable vehicle parked along highway. Article 12. The Philippine National Police Traffic Division shall, within one (1) day, deliver the Notice of Removal to the owner of the subject unserviceable vehicle. Article 13. Upon failure of the owner to comply with the Notice, the City Government shall remove the unserviceable vehicle in accordance with the provisions of this ordinance. Article 14. The towed vehicle may be redeemed by its owner upon presentation of the receipt issued by the Office of the City Treasurer after the payment of the corresponding fees and charges as provided for in this Ordinance. Article 15. After six (6) months of storage of the towed vehicle, if the owner fails or does not interest to retrieve such vehicle, he shall be given "Notice of Confiscation" to be issue of the City Legal. Article 16. The owner of the towed vehicle shall be given a grace period of one (1) month to retrieve his vehicle upon receipt of the Notice of Confiscation. Article 17. Upon failure to recover the unserviceable vehicle within the given period, the City Legal Office shall issue a notice to the owner of the towed vehicle that the said vehicle has already been confiscated in favor of the City Government. Article 18. The City Legal Office shall coordinate with Land Transportation Office for the cancellation of registration to pave way for the declaration of such unserviceable vehicle as junk. Article 19. The City General Services Office shall inform the City Treasurer Office about the towed vehicle to be disposed of and the latter shall initiate the preparation of the necessary papers for the bidding of such junk vehicle for disposal. CHAPTER V CHARGES AND PENALTIES Article 20. Charges and Penalties. The following charges and penalties shall be imposed to the owner of unserviceable vehicle for violation of this Ordinance. Type of Vehicle Towing Charges Penalty for Violation Storage Fee, Pr Day 1st Offense 2nd Offense 3rd Offense Light Vehicle P1,000.00 P500.00 P1,000.00 P1,500.00 P20.00 Medium Vehicle 2,000.00 750.00 1,500.00 2,000.00 30.00 Heavy Vehicle 3,000.00 1,000.00 2,000.00 3,000.00 40.00 CHAPTER VI TOWING DIVISION Article 21. Towing Division. There will be an office for the implementation of this Ordinance under the City General Services Office to be called as 'TOWING DIVISION." Article 22. Composition of Towing Division. This division shall be composed of the following position: No. of Positions Position Title Salary Grade One (1) Storekeeper II 6 Two (2) Security Guard I 3 One (1) Driver I 3 One (1) Utility Worker II 3 CHAPTER VII APPROPRIATION Article 23. Appropriation. To defray the expenses necessary for or incidental to the implementation of the provision of this Ordinance, an initial funding shall be appropriated from any available fund of the City Government. Thereafter, the City Government shall appropriate annually, based on a budget presented by the Office of the City Mayor. CHAPTER VII FINAL PROVISIONS Article 24. Separability Clause. Any section or provision of this Ordinance that may be declared unlawful or constitutional shall not affect the other sections or provisions hereof. Article 25. Repealing Clause. All Ordinances, resolutions or laws of local effect inconsistent herewith are hereby modified, superseded or repealed accordingly. Article 26. Effectivity. This Ordinance shall take effect after posting certified true copies of the same duly approved by the City Mayor at prominent places for a period of three (3) weeks or after its publication in a newspaper of citywide circulation within the same period whichever occurs later. ENACTED AND APPROVED by the Sangguniang Panlungsod (7th City Council) of Pagadian City by virtue of Resolution No. 2002-1225 which was adopted during its 55th Regular Session held on October 2, 2002 at the Sangguniang Panlungsod Session Hall.