ORDINANCE NO: 2005-246 "AN ORDINANCE PROVIDING FOR THE GUIDELINES IN THE REGISTRATION OF ALL VESSELS WITH GROSS TONNAGE OF THREE (3) TONS AND BELOW AS DEVOLVED TO THE LOCAL GOVERNMENT UNITS BY VIRTUE OF EXECUTIVE ORDER NUMBER 305" WHEREAS, Her Excellency President Gloria Macapagal Arroyo has issued Executive Order Number 305 dated April 2, 2004 devolving to LGUs the registration of fishing vessels three gross tonnage and below; WHEREAS, the Implementing Rules and Regulations of said Executive Order has been issued on September 23, 2004 during the 15th NAPC En Banc Meeting with Her Excellency, President Gloria Macapagal-Arroyo in attendance; WHEREAS, among the salient points of said Implementing Rules and Regulations are the following, to wit: One (1) year transition period effective April 2, 2004 shall be observed to ease transfer of registration from PCG units to LGUs; After the one (1) year transition period, the Local Government Units shall enact appropriate ordinance for the purpose of the proper implementation of Executive Order No. 305 in their respective areas of jurisdiction. Likewise, they shall notify in writing the Philippine Coast Guard (PCG) and the Maritime Industry Authority (MARINA) of their readiness to assume the registration functions for fishing vessels covered by said Order. WHEREAS, His Honor City Mayor Samuel S. Co has already issued Executive Order Number 224 authorizing the Motorized Tricycle Franchising Regulatory Unit (MTFRU) in coordination with the Office of the City Agriculturist to undertake the registration of fishing vessels three (3) gross tonnage and below after the concerned personnel of the MTFRU and the City Agriculturist's Office have already undergone the necessary trainings mandated by the Implementing Rules and Regulations of Executive Order No. 305; NOW THEREFORE, PREMISES CONSIDERED, BE IT ORDAINED by the Sangguniang Panlungsod of the City of Pagadian in session assembled that: ARTICLE I - TITLE SECTION 1. - This Ordinance shall be known as "AN ORDINANCE PROVIDING FOR THE GUIDELINES IN THE REGISTRATION OF ALL SEA VESSELS WITH GROSS TONNAGE OF THREE (3) TONS AND BELOW AS DEVOLVED TO THE LOCAL GOVERNMENT UNITS BY VIRTUE OF EXECUTIVE ORDER NUMBER 305." ARTICLE II - SCOPE AND APPLICATION SECTION 2. - This Ordinance shall apply to all vessels whether motorized or not that are operating within the territorial limits or jurisdiction of the City of Pagadian. ARTICLE III - DEFINITION OF TERMS SECTION 3. As used in this Ordinance, the following shall mean: SECTION 5. - The Office of the City Mayor is tasked to implement the provisions of this Ordinance through the Motorized Tricycle Regulatory Unit and the Office of the City Agriculturist as an added function of the said offices. These offices will perform the following duties, to wit: The MTFRU shall enlist all sea vessels with gross tonnage of three (3) tons and below after these have been evaluated/inspected by the competent personnel of the Office of the City Agriculturist. The MTFRU in coordination with the Office of the City Agriculturist shall attend to the documentation for the registration and proper identification of all sea vessels either motorized or non-motorized and whether for hire or not for hire. Submit all processed applications for registration/proper identification with all the supporting prescribed documents to the Honorable City Mayor for his approval. ARTICLE VI - RENEWAL OF REGISTRATION SECTION 6. - The registration of all vessels whether motorized or not shall be every January and failure to do so would result to the payment of the corresponding surcharge(s) as reflected in the schedule of fees and charges. ARTICLE VII - ZONING, COLOR CODING AND BODY NUMBERING SECTION 7. - There shall be a color scheme to be assigned by the MTFRU and the City Agriculturist Office and which shall be adopted purposely to identify the area of operation of the particular vessel. SECTION 8. - Each vessel whether motorized or not shall bear a body number to be controlled by the MTFRU and the Office of the City Agriculturist. The said numbers be furnished the Coast Guard, MARINA, Philippine Ports Authority (PPA), City PNP, the Committee on Public Utilities, Transportation, Communication and Franchising and the Bureau of Fisheries and Aquatic Resources. SECTION 9. - The vessel's operator(s) shall cause the painting of the MTFRU/City Agriculturist's Office control number on both sides which shall not be less than seven (7) inches high in red color on a white background. ARTICLE VIII - ROUTES, DOCKING AREA AND VESSEL OPERATOR'S ID SECTION 10. - The MTFRU and the Office of the City Agriculturist shall coordinate with the Philippine Ports Authority (PPA) in establishing the exact area(s) where the vessels will be made to dock at the wharf area. Said docking area shall bear the color corresponding to the color of the vessels plying such route. SECTION 11. - Only licensed vessel navigators shall be allowed to navigate the vessel and said navigator must wear an identification card measuring not less than four (4) inches by five (5) inches which shall contain the navigator's name, age, address, license number, and his passport size photo and be signed by the Chief Executive. SECTION 12. - The vessel must be covered by a common carrier's insurance to answer any liability it may incur to passenger(s) and third parties in the event of an accident. SECTION 13. - No vessel shall be allowed to operate within the jurisdiction of Pagadian City without first complying with the following: Enlistment with the MTFRU; and the navigator together with the owner of the vessel be lectured on the provisions of this ordinance. SECTION 15. - In case the vessel is used to ferry passengers and/or cargoes, it must not be allowed to carry more passengers and/or cargoes than it is designed for. SECTION 16. - Vessels for hire must not be allowed to collect more than the prescribed fare rate which shall be posted prominently at the authorized docking area(s) and in a conspicuous part inside the vessel. SECTION 17. - No navigator of vessel for hire shall refuse to convey passenger(s) to their destination within their designated route or area of operation nor cutting their trip except for a valid and justifiable reason. SECTION 18. - No vessel is allowed to operate without the prescribed color scheme, body number and other print(s) as required under Article VII of this ordinance. SECTION 19. - An owner opting to transfer to another zone or area of operation shall be allowed only upon approval of his application for change of route and payment of the prescribed fee as provided under Article IV. SECTION 20. - Vessel owners shall only employ navigators with valid and appropriate Navigator Licenses duly issued by the MTFRU in coordination with the Office of the City Agriculturist. SECTION 21. - The MTFRU shall furnish the Sangguniang Panlungsod annually the records of all vessels it registered including their routes, docking area(s) and other relevant document for appropriate action and/or disposition of the august body. ARTICLE IX - PENAL PROVISIONS SECTION 22. - Any violation of the pertinent provision of this Ordinance shall subject the offender by a fine of not less than Five Hundred (P500.00) but not more than Three Thousand Pesos (P3,000.00) or an imprisonment for a period of not exceeding six months or both, such fine and imprisonment to be imposed at the discretion of the court. ARTICLE X - REPEALING/SEPARABILITY CLAUSE SECTION 23. - Any ordinance or parts thereof which are inconsistent with this ordinance are hereby repealed and/or modified accordingly. SECTION 24. - If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder shall not be affected thereby. SECTION 25. - Formulation of the Implementing Rules and Regulations. The Office of the City Agriculturist shall head the preparation and formulation of the Implementing Rules and Regulation of this Ordinance, in coordination with the Committees on Public Utilities, Transportation, Communication and Franchising, on Laws, Rules and Policy Formulation and on Agriculture Fishery and Agrarian Reform. SECTION 26. - Effectivity. This Ordinance shall take effect immediately upon compliance of all the requisites in the approval of an Ordinance. ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City council) of Pagadian City during its 52nd Regular Session held on August 9, 2005 at the SP Session Hall.