ORDINANCE NO: 2007-264 "AN ORDINANCE GOVERNING THE USE, MANAGEMENT OPERATION OF THE PAGADIAN CITY HORSEBACK RIDING RESORT OF PAGADIAN CITY, PRESCRIBING FEES AND CHARGES THEREOF" BE IT ORDAINED by the Sangguniang Panlungsod of Pagadian City in session assembled that: CHAPTER I - GENERAL PROVISIONS SECTION 1. Title. - It shall also be known as "An Ordinance Governing The Use, Management Operation Of The Pagadian City Horseback Riding Resort Of Pagadian City, Prescribing Fees And Charges Thereof" SECTION 2. Declaration of Policies and Principles. - The City Government of Pagadian values the importance of health and recreation in the development and upliftment of the community, and in the pursuit thereof recognizes the need of the people to have safe and suitable venues for exercise, enjoyment and wholesome family recreation. SECTION 3. Definition of Terms. - As used in this ordinance, the following terms shall mean: "Administration" shall mean the Pagadian City Horseback Riding Resort Administration; "Apparel" shall refer to the outer clothing or attire specifically made for and to be used by riders and horse guide; "Equine Equipment" refers to the equipment used for riding horses and shall include headgears and other necessary protective paraphernalia; "Horse" shall refer to the full grown horse in the domestic state used as draft animal for horseback riding; "Horse Guide" shall refer to a person employed by the City Government and assigned in the PCHRR and who is skilled in taming and managing horses; he also will serve as a guide for riding client around the range; "Ordinance" shall mean the ordinance governing the use, operation and management of the Pagadian City Horseback Riding Resort; "PCHRR" shall refer to the Pagadian City Horseback Riding Resort herein also known as the "resort"; "Ponies" shall refer to young horses; "Range" shall refer to the area whereby horseback riding is allowed. "Riders" shall refer to the person who rides the horse for a fee; "Stable" shall mean the building set apart for lodging and feeding horses; "Tack" shall refer to the saddle, bridle, etc. used for horseback riding; CHAPTER II - PROVISIONS ON THE CREATION, SUPERVISION, MANAGEMENT, OPERATION AND MAINTENANCE OF THE PAGADIAN CITY HORSEBACK RIDING RESORT SECTION 4. The Pagadian City Horseback Riding Resort: Institution And Administration. - A horseback riding resort facility to be operated by the City Government of Pagadian within the Rotunda of the B.F. Arao Avenue is hereby created, institutionalized and officially named as the "Pagadian City Horseback Riding Resort" (PCHRR) which shall be operated with amenities of a recreational and tourist resort. SECTION 5. Administrative Supervision, Operation and Maintenance. - The PCHRR shall be operated as a recreational and tourist resort facility. The administration and operation of PCHRR shall be directly under the supervision of the City Economic Enterprises Department. SECTION 6. PCHRR Administrative Personnel Component. - The hereunder enumerated personnel positions shall be comprise with PCHRR administration, to wit: One (1) Administrative Officer IV Grade 15/1 (PCHRR Supervisor) One (1) Administrative Assistant II Grade 8/1 (Assistant PCHRR Supervisor) Three (3) Administrative Aide II Grade 2/1 (Horse Guide) One (1) Administrative Aide I Grade 1/1 (Utility Worker) Three (3) Security Guard I Grade 3/1 SECTION 7. Operational Responsibilities. - It shall be the duty and responsibility of the Pagadian City Horseback Riding Resort administration personnel to perform the following functions, viz: To implement the provisions of this ordinance governing the use, management and operation of the resort in accordance with this ordinance, including the enforcement of appropriate policies on sanitation and proper waste management inside the resort and immediate vicinity; To undertake administrative control over all the facilities inside the resort; To train acquired horses and prepare them for horseback riding purposes and to ensure that all safety and protective measures are duly undertaken so as not to cause injury to the riders and spectators; To oversee the maintenance of the stable and the raising of the horses to make them physically fit for the day to day horseback riding; To conduct feasibility studies and recommend programs for the future expansion and/or improvement of the Horseback Riding Resort in coordination with the Trade-Tourism Promotions Division, Office of the City Mayor; To assist the Office of the City Veterinarian or its authorized representative, in the conduct of periodic inspection on all horses in the resort-including those that will be acquired in the future-in connection with the maintenance of the horses' health and physical condition, and to include food selection/preparation, giving of food supplements, artificial insemination and pregnancy care and delivery; To perform such other related functions that may be prescribed from time to time by the City Economic Enterprises Department after proper consultations with other line offices/departments. SECTION 8. Inter-Department Collaboration. - The herein responsibilities in the administration of certain obligations are hereby defined and outlined to enhance and promote the efficient and effective operation of the PCHRR and are hereby shared through collaborative effort by and between the involved departments/offices and the City Economic Enterprises Department through the PCHRR Administration, to wit: The Office of the City Veterinarian shall be responsible for the maintenance of the horses' health and condition in collaboration with the PCHRR personnel. Health care maintenance shall include selection of food, the giving of food supplements, vaccination, artificial insemination, pregnancy care and delivery. All expenditures, however, that may be necessary to effectively maintain the health and care of the horses shall be charged to the appropriations of the City Economic Enterprises Department; The Office of the City Treasurer shall, among others, be primarily responsible for the issuance of the necessary cash tickets and official receipts that will be utilized by the PCHRR administration in their regular operation. It shall likewise require the day-to-day remittance of all monies collected from the operation of the facility and establish a system of check and balance to ensure the proper accounting of the same. The Office of the City Auditor shall regularly conduct cash counts and audit of the revenues generated by the PCHRR. The Trade-Tourism Promotions Division under the Office of the City Mayor shall be primarily responsible for the adoption of appropriate programs that will promote the viability of the facility as a recreational amenity and tourist destination. SECTION 9. Horses and Stable. - The City Government shall initially acquire twelve (12) female horses, and there shall be constructed within the Rotunda in conformity with the site development plan of the City Government and in accordance with appropriate technical and practical specifications, a stable that will be able to initially accommodate at least twelve (12) adult female horses and three (3) ponies. If the need arises, the number of horses to be maintained in the stable shall be increased to accommodate the anticipated increase in the demand from resort patrons. This shall only be done through artificial insemination of the present stock to upgrade the quality and breed of the horses in the stable. CHAPTER III - FINAL PROVISIONS SECTION 10. Use of the Horses and the Range. Only children with ages twelve (12) years old and below shall be allowed to ride the ponies. All prospective riders shall only be allowed to ride the horses within the range when properly provided with equine equipment and, preferably, in appropriate apparel and such protective gears. All horses or ponies that shall be fielded for use by riders must be properly tacked. SECTION 11. Prohibited Activities. - The following acts are strictly prohibited within the premises and immediate peripheries of the Pagadian City Horseback Riding Resort: Gambling and the sale or drinking of alcoholic beverages. Operation of videoke machines, video games/video karrera and all forms of illegal activities. Construction of additional structures and/or improvements inside the occupied space without express approval or authority of the City Government by way of an enabling ordinance. Prospective riders, spectators and/or guests who are under the influence of liquor shall not be allowed within the premises or the immediate vicinity as well as to avail of horseback riding. Selling and/or vending of any goods/merchandise inside or outside the PCHRR facility and in all of the spaces outside the perimeter fence adjacent to the road. SECTION 12. Canteen Operation. - There shall be established and operated, in accordance to pertinent regulations herein provided, a canteen within the Pagadian City Horseback Riding Resort facility. The operation of canteen shall be by way of a lease contract for a maximum term of three (3) years and shall be awarded to the bidder-applicant with the most advantageous offer or terms to the City Government; The prequalification of interested applicants shall be done by the City Economic Enterprises Department. Such screening/evaluation shall include the verification of the following documents, among other requirements as may be necessary to protect and promote the interest of the City: Approved Business Permits for the operation of any business in the city; Real Property Tax payments/delinquencies. Current leaseholders of a stall(s) or space(s) in any of the city government operated facilities shall be disqualified from bidding for the operation of the canteen in the PCHRR. The contract of lease for the canteen shall only be formalized upon payment of the required fees, charges and such other assessments pursuant to City Ordinance No. 1993-117, the Local Revenue Code of Pagadian City and pertinent laws or ordinances. The contract shall be entered into by and between the canteen operator and the City Government represented by the City Mayor upon recommendation of the City Economic Enterprises Department. The monthly payments for power and water consumption arising from the operation of the canteen shall be borne by the operator who shall provide his/her own duly registered electric meter. SECTION 13. Schedule of Rates of Fees and Charges. - The herein schedule of rates of fees and/or charges shall be implemented in the use or availment of the services and facilities of the PCHRR, to wit: Canteen Facility, Monthly Rental P 3,000.00 Horse Rental, per hour or a fraction thereof 50.00 The horse rental includes the services of the Horse Guide who, among others, will assist or teach the rider, if necessary, of the proper and exact procedures/techniques in horseback riding. Use of the Comfort Rooms, per person per entry regardless of age: Urination 2.00 Defecation 5.00 SECTION 14. Collections And Disbursements. - All collections derived from the operations of the resort shall form part and appropriately recorded as income of the City Economic Enterprises Department and may only be expended for the maintenance and operation of the facility as authorized by subsequent legislations. SECTION 15. Implementing Rules and Regulations. - Within one (1) month after approval of this Ordinance, the City Economic Enterprise Department in coordination with other concerned agencies shall formulate and issue the appropriate rules and regulations necessary for the efficient and effective implementation of any and all provisions of this Ordinance. SECTION 16. Repealing Clause. - All existing ordinances, rules and regulations or part thereof, which are inconsistent with any of the provisions of this ordinance, are hereby amended, modified and repealed accordingly. SECTION 17. Separability Clause. - If any portion or provision of this ordinance is declared unconstitutional or invalid, the other portions or provisions hereof which are not affected thereby shall remain and continue to be in full force and effect. SECTION 18. Effectivity. - This ordinance shall take effect within ten (10) days after its posting in the bulletin board at the City Hall and in two (2) other conspicuous places within the city and its publication in a local newspaper. ENACTED AND APPROVED by the Sangguniang Panlungsod (9th City Council) of Pagadian City during its 16th Regular Session held on November 20, 2007 at the Sangguniang Panlungsod Session Hall.