ORDINANCE NO: 2007-265 "AN AMENDATORY ORDINANCE ESTABLISHING THE REVISED GUIDELINES AND POLICIES GOVERNING THE OPERATION AND MANAGEMENT OF THE NEWLY RESTRUCTURED CITY PUBLIC MARKET OF PAGADIAN CITY AT STA. LUCIA DISTRICT AND IMPOSING PENALTIES FOR VIOLATION THEREOF" BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY THAT: ARTICLE 1 - THE MARKET SECTION 1. - POWER TO ESTABLISH, FORM, LOCATION, APPLICATION, ETC. - No person or corporation other than the City of Pagadian shall establish and maintain public markets of any kind within the limits of the City. Public markets shall be those designated by the Sangguniang Panlungsod, which shall be under the immediate control, supervision and administration of the City Mayor or any other offices such functions shall be specifically assigned into by the Sangguniang Panlungsod, and their form and extension shall be shown on the maps on file in the Office of the City Engineer, or as may hereinafter be adopted by the Sangguniang Panlungsod and shall be subject to the provisions of this Ordinance. SECTION 2. - LIGHTS, VENTILATION, DRAINAGE, PAVING, ETC. - The public market shall be adequately lighted and ventilated. The ground surfaces shall be properly drained, paved, and/or cemented, and all standards stalls, and other fixtures shall be constructed in such manner as recommended by the City Engineer or his duly authorized representative as approved by the Sangguniang Panlungsod. SECTION 3. - SANITARY MAINTENANCE. - The provision of Sanitary Ordinances as adopted by the City of Pagadian and all pertinent sanitary orders, rules and regulations issued by the Director of Health or his duly authorized representative in the City Government, and all other sanitary ordinances that may be enacted from time to time by the Sangguniang Panlungsod, shall apply to the city public market. SECTION 4. - MARKET SECTIONS. - The public market shall be conveniently divided into sections according to the kinds of merchandise offered for sale. Merchandise pertaining to one section shall not be allowed in other sections. SECTION 5. - MARKET STALLS. - a) The term market stalls used in this Ordinance shall be understood to apply to any allotted space where merchandise is sold or offered for sale in the newly restructured public market of the City of Pagadian, in accordance with the specific dimension and standard plan of the City Engineer, or which may hereinafter be approved by the Sangguniang Panlungsod. b) The market stalls shall be classified into categories "A", "B" and "C" as shown in the plan (Annex "A"), and numbered consecutively as to section and, the stallholders shall be required to pay a guarantee deposit of: Class "A" - Six Thousand (P6,000.00) Pesos Class "B" - Four Thousand Five Hundred (P4,500.00) Pesos. Class "C" - Three Thousand Five Hundred (P3,500.00) Pesos. SECTION 6. - OFFICE OF THE MARKET SUPERVISOR. - An office for the Market Supervisor shall be provided and accessibly located within the premises of the New City Public Market. SECTION 7. - BULLETIN BOARD. - A bulletin board shall be placed and maintained in or near the Office of the Market Supervisor for purposes of posting orders, circulars, notices, etc., and in any conspicuous location in the agora (public market). SECTION 8. - SECURITY OUTPOST. - There shall be provided security outposts in all entrance and exit points of the market, and in any other location/s recommended by the City Mayor which shall be manned twenty-four (24) hours daily. ARTICLE II - ADMINISTRATION OF THE CITY MARKETS SECTION 1. - ADMINISTRATION. - The new city public market now established shall be under the administration of the City Mayor or such other office which functions shall be specifically created and assigned by the Sangguniang Panlungsod. The City Mayor shall exercise full direction, supervision and control of the public market including such matters pertaining to cleanliness, sanitation, adjudication or assignment, re-assignment and allocation of stalls; the standardization, classification and/or grouping or re-grouping of merchandise to be sold in stalls, and the direction, control and supervision over the Market Supervisor and all other subordinate market personnel. He is also authorized to promulgate such further rules and regulations consistent with the policies laid down in this ordinance. Provided, however, that in matters pertaining to the cleaning and sanitation of stalls and market premises, the City Mayor shall enlist the help and cooperation of the City Health Department, and PROVIDED, FURTHER, that the exercise by the City Mayor of the functions, assignments, re-assignments, or allocation of stalls shall be subjected to the policy promulgated by the Sangguniang Panlungsod. Collection of stall fees, licenses, and other fees. - All activities incidental to the collection of stall fees, regular or special; the collection of licenses, taxes, and dues from persons or entities doing business in the market; and all accounting work incident to market collections are hereby vested in the City Treasurer; PROVIDED, that all market personnel who are engaged wholly or partially in the collection of fees, licenses, etc., in the new market shall be under the direct administrative control and supervision of the City Treasurer to whom they shall directly be responsible for the diligent performance of their duties in accordance hereof; PROVIDED, FURTHER, that, in the performance of their regular duties the Market Supervisor and all other personnel assigned thereat, shall promptly report to the authorities concerned, all anomalies, irregularities, violations of ordinances and market rules and regulations, or neglect of responsibilities, that may come to their attention in connection with the performance of their assigned duties. SECTION 2. - THE MARKET SUPERVISOR. - 1) There shall be a Market Supervisor who, under the direction of the City Mayor, is vested with the following powers: He shall have full control of the administrative direction of all public markets in the City; He shall detail for duty in the public markets of the City such market personnel as may be necessary to carry out the functions incumbent upon him; He shall have police powers to summarily enforce provisions of this Ordinance and all other ordinances, resolutions, rules and regulations governing the operation of the public markets; He can compel and/or order all market personnel and all persons having dealing with the city markets to obey his directions in all matters pertaining and relating to markets. 2) Duties and Functions. - The Market Supervisor shall have the following duties and responsibilities, to wit: He shall be the custodian of all property belonging to the city market. He shall have supervision and control over all subordinate market employees. He shall oversee and coordinate the faithful and strict compliance of their respective duties by all officials and employees of the different departments of the City Government assigned to duty in the public markets. He shall supervise the smooth operation of the agora (public market) as well as the proper discharge of the duties and functions of all subordinate market personnel. He shall conduct regular inspections of market stalls to ensure strict implementation of the provisions of this Ordinance. SECTION 3. - DUTIES AND FUNCTIONS COMMON TO ALL MARKET PERSONNEL. - 1) Market personnel shall ensure that the stall holders are provided with corresponding official receipts, regular or special tickets for the payment of the stalls occupied by them on any particular day, and to ensure further that occupants regularly pay their rents due for use and occupancy thereof. 2) They shall report to the Market Supervisor or any other responsible market officials for failure or refusal of any stallholder to pay the space or stall rental and/or any other fees, for proper action. 3) All market personnel while in the performance of their duties shall wear uniforms, and identification tags or nameplates, as authorized and prescribed by the Office of the City Mayor to serve as identification of market personnel and as a symbol of authority vested in them. Any person not falling under this provision who shall wear the prescribed uniform and/or identification tags or nameplates, or shall perform in any manner the functions of the market personnel or shall pretend or represent himself as authorized to perform such functions, shall be penalized and subjected to the prescribed penalties in Article IV of this Ordinance without prejudice to his prosecution under the Revised Penal Code. Any market personnel who knowingly allows, tolerates, or permits any unauthorized person or persons to perform the functions, or to wear the prescribed uniform, identification tags or nameplates, shall be subject to the penalties imposed in Article IV of this Ordinance and/or as imposed under civil service rules and regulations. SECTION 4. POSTING OF RULES AND REGULATIONS. - The Market Supervisor shall cause the posting in the bulletin boards in the public market, in English, Pilipino, or any prevailing dialect, the rules and regulations relative to the sanitation and good order in the public markets; the manner of leasing stalls, therein, privileges of stall holders, and other regulations as the Sangguniang Panlungsod may deem necessary. The Market Supervisor shall inform or furnish stallholders copies in English, Pilipino, or any prevailing dialect, of the rules and regulations pertaining to the efficient operation of the agora (public market) as may hereinafter be promulgated by authorities concerned. ARTICLE III - OPERATION O F THE MARKET SECTION 1. SCREENING OF APPLICANTS. - The following criteria shall govern the awarding of vacant stalls or booths and newly constructed stalls or booths in the newly restructured public market to prospective applicants: Priority consideration in the awarding of stalls is to be extended to applicants who have not incurred back accounts with the Office of the City Treasurer, and are not habitual delinquent taxpayers. The applicant has not been accused nor convicted of violating any provisions of any of the City's Tax Ordinance and/or market rules and regulations. The applicant must be bonafide residents of the city for at least one (1) year, and should be of good moral character and social standing in the community. The following applicants shall not be allowed to lease stalls on the markets: grain millers. Person/applicants suffering from any contagious or communicable disease. Persons/applicants found by the Market Screening Committee to have violated any of the provisions of this Ordinance or any of the Tax Ordinances of the City. SECTION 2. MARKET SCREENING AND AWARDING COMMITTEE. - A committee composed of the following shall be convened to conduct the screening of applicants and awarding of stalls in connection with the adjudication of vacant and/or newly constructed stalls or booths in the public market of the city and certify to the results thereof, to wit: Chairman: The City Mayor or his duly authorized representative Members : 1. The Chairman, Markets & Slaughterhouse Sangguniang Panlungsod 2. The City Treasurer or his duly authorized representative 3. The City Legal Officer or his duly authorized representative 4. The Economic Enterprise Management Officer or his duly authorized representative 5. NGO Representative for market Affairs 6. Representative for Market Affairs SECTION 3. AMOUNT TO BE DEPOSITED. - It shall be obligatory for awardees of permanent stalls, booths or tiendas to pay within ten (10) working days after awarding in the Office of the City Treasurer, the guarantee deposit of one month advance and 2-months deposit of the monthly rental. Only after such deposit is made and the accomplishment of the required documents shall awardees be allowed to occupy the stalls, booths or tiendas awarded to them. Failure to pay the same within the prescribed time would subject the cancellation of the award. SECTION 4. OCCUPATION, LEASE AND ASSIGNMENT OF MARKET STALLS. - All newly constructed stalls, booths or tiendas in the newly restructured public market shall be disposed of for occupation and lease only in the manner prescribed in this Ordinance. The types of business and/or services which are allowed to operate specifically on the ground exterior stalls of the newly constructed perimeter building shall be the following; Offices Hardware but no cement Drugstore/Medical supplies/Herbal supplement Pawnshops/money changer Auto/Motor spare parts, accessories and bicycle parts Electronics and Electrical supplies Jewelries and watches School/Office Supplies Books/Newspapers/Magazines Lending Shops/Savings Bank Glass and Aluminum Lotto Outlets Medical/Optical/Dental/Veterinary Clinics Ceramic Products Internet Cafe Tailoring/Dress Shops Laundry Shop Beauty Parlor & SPA/Beauty Cosmetics Products (excluding Barber Shop) Souvenir Items Agricultural & Veterinary Supply Pet Shop Water Refilling Stations Sports Supplies Freight Forwarder Furnitures No person shall sell, offer for sale, or expose for sale any article or goods in the agora (public market) or use any stall without first having been assigned to a stall in the manner so provided herein. Stallholders shall not be allowed to occupy stalls or spaces other than those leased to them, and it shall be the duty of the Market Supervisor and his subordinates to enforce the provisions of this section and all alike provisions of this ordinance. All other stalls and spaces in the market complex shall be utilized in accordance with the prescribed usage and plan. SECTION 5. MARKET HOURS. - The agora (public market) shall be opened for the sale of articles or merchandise permitted for sale therein from four o'clock (4:00 A.M.) in the morning until eight thirty o'clock (8:30 P.M.) in the evening every day during the year; PROVIDED, that on the twenty-fourth (24th ) and thirty-first (31st) day of December of every year, the public market shall be opened from four o'clock (4:00 A.M.) in the morning until eleven o'clock (11:00 P.M.) in the evening to include those in the second floor of the perimeter building, except those in the exterior ground stalls which shall have no time limit of their business hours. SECTION 6. OPENING AND CLOSING OF THE MARKETS. - The agora (public market) shall be provided with electric buzzers to announce the opening and closing of the market for business, with short intermittent buzzer before the time fixed for such opening and closing. BEFORE OPENING - At the sound of the buzzer thirty (30) minutes before the time fixed for opening the market, only stallholders and their helpers shall be allowed to enter and go to their stalls in preparation for business at the opening of the market. BEFORE CLOSING - At the sound of the buzzer thirty (30) minutes before the time fixed for closing the market, stallholders and their helpers shall, as the case may be, arrange and store their merchandise at a convenient place at their stalls and padlock or at their option may remove the same from such stalls. All gates except the main exit gate shall be closed and the marketers shall leave the market premises. At the fixed time for closing, the electric buzzer shall again be made to sound and the main exit gate shall be closed. RINGING THIRTY (30) MINUTES AFTER CLOSING - Thirty (30) minutes after closing, the buzzer shall again be resounded and the main exit gate shall be opened for a period of fifteen (15) minutes for the purpose of allowing the stallholders and their helpers to leave the market. No person except the night watchmen, market guards or market personnel rendering service during the specified time shall be allowed to stay within the market compound after the final bell shall have been rung. SECTION 7. SPACE/STALL RENTALS. - a) All stalls in the newly constructed perimeter building shall be charged the following rentals fees: 1. Exterior ground stalls along Pajares Avenue - P8.50/sq.m./day 2. Exterior ground stalls along Pulmones Street - P9.00/sq.m./day 3. Exterior ground stalls along Datoc Street - P8.00/sq.m./day 4. All interior ground stalls along Pajares Ave. & Datoc Streets from Tower to Tower only - P5.00/sq.m./day 5. Second Floor stalls carenderia section along Pajares Avenue and Datoc Street - P1,500/month/stall 6. All interior ground stalls along Pulmones St., Pajares Avenue & Datoc Street - P 7.00/sq.m./day 7. Second Floor Ocay-Ocay Section - P750/month/stall 8. Second Floor cosmetics/watch repair - P400/month/stall cellphone repair shops/goldsmith 9. Tower Portion/Section, Second Floor - P5.00/sq.m./day 10. Tower Portion/Section 3rd & 4th Floors - P4.00/sq.m./day 11. Second Floor Pulmones Street, Dry goods stalls - P4.00/sq.m./day b) All stalls, booths and tiendas inside the market complex other than those in the newly-constructed perimeter building shall be classified as provided in the plan and leased at the following manners and rates: 1. Class "A" - P5.00 per square meter/day 2. Class "B" - P4.50 per square meter/day 3. Class "C" - P4.00 per square meter/day Except for the fresh fish and meat sections which shall be leased at the rate of Five Hundred Pesos (P500.00) per month, excluding power and water consumption charges. Provided, that the power and water charges shall be billed and collected by the market administration with the monthly rentals. c) Electric power consumption - the monthly consumption of every stall shall be computed individually in the following manner: PC = (APCC x ZPR) + (ZPR (APCC) (K) Where; PC = power cost (individual stall) APCC = actual power consumption ER = The sum of all secondary electric meter readings ZPR = ZAMSURECO-I power rate (per KWT) MMR = Main Meter Reading K = % Power Loss = MMR - ER x 100 MMR d) Water Consumption - the monthly water consumption of every stall shall be billed at 10% less than the actual water rate imposed by the Pagadian City Water District; PROVIDED, HOWEVER, a rider constant cost of P2.9984/cubic meter shall be imposed on all billings to accommodate loan interest, systems loss, foreign exchange rate and other incidental costing. Computation shall be done in the following manner: Cost of water consumed (PCWD rate) + Rider Constant Cost - 10% market rate = Net Monthly Water Bill e) All rental rates shall be subject to 5% increase per annum. SECTION 8. WASTE MANAGEMENT - All stallholders shall provide their own garbage receptacles, which shall be in conformity with the specifications prescribed by the City Waste Management Plan. All wastes shall be placed in appropriate receptacles provided for the purpose. Waste Management shall be in accordance with the provisions of the local ordinances in consonance with R.A. 9003 otherwise known as The Ecological Solid Waste Management Act of 2000. SECTION 9. CLEANING OF MARKET STALLS. - The cleaning of market stalls including the floor spaces thereof and all appurtenances thereto shall be done by the stallholders and their helpers during market hours. All waste materials shall be placed by them in the garbage receptacles provided in the preceding section. The Market Supervisor or his assistant shall see to it that the market cleaners or laborers, who are charged with the proper cleaning of the public market, do their duties regularly and efficiently to keep the public market clean and sanitary at all times. SECTION 10. PROHIBITED STRUCTURES INSIDE THE PUBLIC MARKET. - No shanty or structure in the nature of the independent room or rooms shall be permitted to be constructed in or about the public market, except the buildings authorized for offices or market personnel or other city purposes. Any shanty or structure surreptiously or illegally constructed shall immediately be demolished and/or be demolished at the expenses of the owner and with corresponding fine or penalty. SECTION 11. ALTERING OF STALLS, OR FIXTURES, ETC. - No person shall alter, disfigure, add to or change the structure of any stall or market fixture without the permission from or approval of the City Mayor as recommended by the City Engineer or the Market Supervisor and approved by the Sangguniang Panlungsod. Provided that a minimum of P5,000.00 and a maximum of P20,000.00 non-refundable reconstruction guarantee fee shall be paid for the alteration thereof. SECTION 12. DURATION OF LEASE OF STALLS. - The regular lease of market stalls or booths, shall be a period of one (1) year and shall be renewable every year thereafter unless the City Mayor revokes the permit, cancels the lease, or any reasonable or just cause, or for any violation of the provision of this Ordinance or any other ordinances, or any rules and regulations relating to the administration of the public market and the corresponding guarantee deposit be forfeited. SECTION 13. DEATH OF LESSEE. - Upon the death of the lawful holder of any stall of the agora (public market), the legal spouse or the legal heirs who are qualified are allowed to continue to occupy said stall upon payment of the corresponding fees and execution of a new lease contract. SECTION 14. PERSONAL ADMINISTRATION/MANAGEMENT OF STALLS AND EMPLOYMENT OF HELPERS. - Any person leasing or hereafter lease stalls in the public markets in accordance with the provisions of this Ordinance shall occupy, administer and be present personally at his stall or booths; PROVIDED, that upon application filed with the Office of the Market Supervisor duly approved by the City Mayor, the stallholders leasing stalls under this Ordinance shall be authorized to employ stall helpers who must be citizens of the Philippines; PROVIDED, HOWEVER, that the spouses, the parents and children of the stallholders who are not actually living with him/her and who are not disqualified under this Ordinance, may be registered as helpers without the necessity of the application herein prescribed; PROVIDED, FURTHER, that the persons recommended for appointment as helpers shall under no circumstances be persons with whom the stallholders requesting the appointment, have any partnership or commercial relation or transaction; PROVIDED, FINALLY, that the appointment of stall helpers shall not relieve the stallholders of the duty to personally administer the business and of being personally present at his stall or booth everyday. Acquisition of stalls in the public market by any applicant shall be under the direct supervision and control of the City Mayor and shall be qualified only under proper processes or provided in this Ordinance. Where the person, natural or juridical, whose name appears in the official register as stallholder in the agora (public market), is not in reality the same person who is actually and personally occupying the subject stall or booth, the lease contract, business permit and all other documents relative to the business operation shall be deemed cancelled or voided. The lease contract and business permit shall likewise be cancelled and revoked should, upon verification, the person appearing in the official register be positively identified as a dummy and subsequently the forfeiture of his/her guarantee deposit. SECTION 18. MANNER OF COLLECTING RENTS, FEES. - a) Rentals for fixed stalls, booths or tiendas shall be collected monthly to be paid within the first twenty (20) days of the month. Stall rentals shall be consistent with the rates specified in this Ordinance. b) All market fees shall be paid in advance or collected regularly or daily as the case may be, and official receipts and cash tickets corresponding to or equal to the amount of fees collected be issued to the owner or owners of the goods or merchandise concerned. For purpose of this Ordinance, a "Carrier" is a person who, for a consideration, hauls, transports, or conveys merchandise, goods, wares, foodstuffs, and other articles, into or out of the public markets, on behalf of the owner or owners, or of the stallholders or lessees thereof. SECTION 20. EXPOSURE TO SALE. - Whenever any article or goods shall be exhibited or displayed with price tags in the public market, it shall be held or understood to be an exposure of the same for sale within the meaning of this Ordinance. SECTION 21. RESTRICTIONS AND PROHIBITIONS. - a) The peddling or display for sale of foodstuffs, goods, wares, or any merchandise outside of the market stalls shall be strictly prohibited. b) Holding of parlor games of any kind and for any purpose shall not be allowed within the market premises. c) No market stalls or booths shall be utilized for residential and/or boarding/lodging purposes. d) The sale of liquor, beer, tuba, basi, and other intoxicating drinks and/or drinking of the same shall not be allowed within the perimeter of the agora (public market). e) No deposit of inflammable materials such as petroleum, gasoline, and other combustible items shall be allowed within the markets and market premises. f) No person shall be allowed to install, play or operate jukeboxes/videokes inside the agora (public market) of the city. g) All sections of the public market shall be allowed to sell or display for sale only such items the respective sections are explicitly authorized to sell. h) The use of firewood, charcoal, and/or kerosene stoves for food processing, cooking and heating purposes is strictly prohibited in the agora (public market). Only LPG and electric stoves are allowed for use within the carenderia/cafeteria section. i) The sale or display for sale of charcoal, firewood and flammable or combustible liquid shall not be allowed within the perimeter of the City Market; j) No person shall be allowed to operate any form of eateries to include carenderia, refreshment parlors, cafeterias and the like on the ground floor stalls of the market except on the designated areas provided under Section 7, Article III of this Ordinance. k) The removal/opening of concrete partitions separating the back-to-back ground floor stalls at the agora (public market) perimeter building is strictly prohibited. However, adjoining sidewise ground floor stalls may be opened with a maximum of 1.2 meter x 2.5 meter if applied and duly approved by the City Mayor; Provided, that stallholder shall have paid the required non-refundable reconstruction fee prior to the opening of the partition; Provided, further that only one (1) opening of a partition shall be allowed. l) No person and/or stallholder shall be allowed to use or utilize any areas which are purportedly market corridors, pedestrian lanes, sidewalks, alleys, roads or streets, for the purpose of selling, displaying, and/or storing of merchandise and other commodities. m) No stalls shall be utilized as storage room, warehouse or bodega. SECTION 22. GENERAL POLICIES FOR ELECTRIC CONNECTIONS OF STALLS. - The following policies shall be observed in the public market in the city in the use of electrical connections and services; The City Government shall provide all the lateral lines to all market stalls. All lighting systems in the market alleys and/or passageways, open spaces and along the perimeter fence shall be provided and maintained by the City Government through the Market Supervisor. Electric meters and lighting materials such as bulbs of fluorescent lamps, electric wires and other electric materials that shall be required by the Office of the Market Supervisor for the individual stalls will be provided by the stallholders including the daily operating and maintenance cost. Calibration fees and other incidental expenses on the electric meter shall be borne by the stallholders. All electrical connections, alterations, repairs and/or maintenance shall be done only by persons authorized by the Market Supervisor. Monthly reading of the electric meter of individual stalls shall be done by the management and the cost of power used shall be included in the billing of the monthly rental of the stalls as provided in Section 7, Article III of this Ordinance. SECTION 23. MECHANICAL AND PLUMBING POLICIES. - All plumbing and mechanical works for the stalls shall conform with the following policies to wit: All repairs and/or alterations of the existing connections shall be done only by competent persons authorized by the management. Stallholders shall be required to report immediately to the Office of the Market Supervisor any malfunction/defect of its water system, electrical connection, drainage facilities, lavatories and comfort rooms, and other related problems. Monthly reading of the water/electric meters of the individual stalls shall be done by their respective providers while old stalls which are having the old connections shall be done by the Market Management. SECTION 24. PEDDLERS, HAWKERS, COURTS (PATIOS) SIDEWALKS, ETC. - Peddlers or hawkers shall not be permitted in the public market of the city or its surrounding within the radius of 100 meters from its confines as provided in Section 21, Article III. Market Officials, employees and gate guards, and policemen assigned or detailed in the vicinity shall exercise strict vigilance in the implementation thereof and are enjoined to strictly comply with these provisions. SECTION 25. LOAFING, LOITERING AND BEGGING. - No person having no lawful business in or about the public market shall idly sit, lounge or lie in or about the passageways; nor shall any person beg, solicit alms or contributions in or about the agora (public market) of the city. SECTION 26. MEAT SECTION. - All stallholders in the meat section shall be strictly required to install appropriate and conspicuous signs/placards of the kinds of meat he or she is putting up for sale. No meat, therefore, shall be sold or offered for sale, introduced, placed, exposed, stored, or kept in the stall without such identifying signs. Mixing both carabao/horse meat and beef, shall be prohibited, nor shall carabao/horse meat be allowed to be mixed with beef or pork in the manufacture of sausages. Any violation of this provision shall, aside from the cancellation of the lease contract and business permit, and forfeiture of the guarantee deposit, be penalized in accordance with the provisions of Article IV of this Ordinance. SECTION 27. POLICY ON ABANDONED ARTICLES. - All articles abandoned in the agora (public market), in violation of any provision of this Ordinance or any rules and regulations relating to the management of the agora (public market), shall be deemed a nuisance and it shall be the duty of the Market Supervisor, and his subordinates to take custody of the same. In case the article are claimed within twenty-four (24) hours thereafter, they shall be returned to their respective owners upon payment of actual expenses incurred in the safe keeping of same unless the articles have so deteriorated as to constitute hazard to the public health, in which case, they shall be disposed of in his discretion and cause the criminal prosecution of the guilty party. If the articles have not deteriorated and are not claimed within seventy-two (72) hours from the period or time of abandonment, said article shall be sold at public auction, and the proceeds thereof, disposed of in accordance with the law. SECTION 28. OBSTRUCTING OR ANNOYING EMPLOYEES, SITTING OR RECLINING ON STALLS. - No person shall annoy or obstruct market employees in the discharge of their duties; nor shall any person obstruct or annoy the buying public, or sit, recline or lie on any market stall or table; nor shall any parent allow their children in and around the stalls or to play in the premises of the agora (public market). SECTION 29. LOOSE ANIMALS. - No dogs or animals shall be left astray in the agora (public market). The Market Supervisor and his subordinates are hereby empowered to catch any stray animals and to impound them for release to their respective owners or disposed of the same at his discretion. SECTION 30. LIABILITY OF STALLHOLDERS LOSSES. - The City Government shall not be held responsible or liable for any loss/losses or damages which a stallholder might incur in the public markets by reason of fire, theft, negligence, or any other causes; any merchandise or property left in the public markets during the hours the public markets are closed shall be at the risk of the stallholders; PROVIDED, HOWEVER, that it shall be the duty and obligation of the Market Supervisor and his subordinates to exercise reasonable diligence and care to prevent the loss of any property, public or private, in the agora (public market) and for this purpose, shall apprehend and turn over to the police any person or persons committing any offense in the public markets. SECTION 31. PARKING FEES. - All vehicles and other such utilities used for the delivery of goods or market customers shall be allowed to enter market perimeter; PROVIDED, that corresponding parking fees shall be paid by its owner, driver and/or operator at the following rates: TYPE OF VEHICLE PARKING FEE a) jeeps/cars P3.00/hr. b) light/medium vehicles (forward/fighter) 4.00/hr. c) motorcycles/bicycles 1.00/hr. d) tricycles 2.00/hr. Parking fees per vehicle shall be imposed at the rate herein specified for use of the parking spaces of the public markets over a period of one (1) hour and additional payment in excess of one hour shall be charged an hourly rate of one half the amount of the prescribed parking fee. ARTICLE IV - PENALTIES SECTION 1. - Unless otherwise provided and/or specified in any Article and/or Section of this Ordinance, neglect or failure of stallholders to comply with the provision hereof shall be penalized as follows: For the First Offense, a fine of Five Hundred Pesos (P500.00) or Five Days imprisonment. For the Second Offense, a fine of One Thousand Pesos (P1,000.00) or one month (30 days) imprisonment. For the Third Offense, cancellation of the Business Permit and the stall, space or booth shall be forfeited and be forthwith declared vacant to be advertised for lease to any qualified and interested applicant. ARTICLE V - IMPLEMENTING RULES AND REGULATIONS SECTION 1. - The City Economic Enterprise Department Head shall head the immediate formulation of an implementing rules and regulations together with the City Legal Officer, the Market Supervisor, the Chiefs of the Permits & Licensing and Public Service Divisions, both under the Office of the City Mayor, the City Environment and Natural Resources Officer, and the City Health Officer, as members." ARTICLE VI - REPEALING CLAUSE SECTION 1. - City Ordinance No. 78, s. 1992 as amended by City Ordinance Nos. 1994-122 and 1994-125 and other related issuances are hereby repealed and modified accordingly. ARTICLE VII - EFFECTIVITY SECTION 1. - This Ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (9th City Council) of Pagadian City during its 19th Regular Session held on December 11, 2007 at the Sangguniang Panlungsod Session Hall.