ORDINANCE NO: 2012-329 (Co-Authors: Honorable Arnold R. Gavenia; Honorable Bienvenido C. Culve; Honorable Eric L. Bersales; Honorable Roque M. Yamba; Honorable Sedfrey D. Galon; Honorable Alexander S. Co, Jr.; and Honorable Baldomero Fernandez) "AN ORDINANCE AMENDING CITY ORDINANCE NO. 2012-329 ENTITLED "AN ORDINANCE GOVERNING THE FRANCHISING/LICENSING AND REGULATION OF MOTORIZED TRICYCLE SERVICE OPERATION IN THE CITY OF PAGADIAN AND IMPOSING CHARGES FOR LEGALIZATION AND PENALTIES FOR VIOLATION THEREOF", AS AMENDED PARTICULARLY SECTIONS 18 AND 30 BY ADDING PROVISIONS THEREIN AND PROVIDING PENALTIES FOR VIOLATION THEREOF" Be it Enacted by the Sangguniang Panlungsod of Pagadian City in session assembled that: SECTION 1. Definition of Terms. - As used in this Ordinance the following terms/acronyms shall mean: "MTFRB" or Motorized Tricycle Franchising and Regulatory Board refers to the body duly created pursuant to City Ordinance No. 1993-110, having powers to issue, suspend or cancel the franchise of motorized tricycles and is the issuing and controlling body/office of the motorized tricycle body number. b) "LTO" means the Land Transportation Office of the district based in Pagadian City having the power to issue Driver's License and the yellow plate numbers for motorcycles attached to the sidecars/motorcabs with franchise. "MTOP" or Motorized Tricycle Operator's Permit refers to the franchise issued to an operator/owner of a motorized tricycle to operate as for hire within Pagadian City. "Colorum" refers to a Filipino slang for an unregistered vehicle which, under this Ordinance, shall be the sidecar/motorcab and the motorcycle being attached to it. "PNP" means Philippine National Police office/station in the Pagadian City. SECTION 2. - Section 18 of the City Ordinance No. 1993-110 is hereby amended by adding provision under letter (e), to read follows: "SECTION 18. x x x e) It is unlawful for any person, owner/operator or franchise holder of motorized tricycle for hire to use or duplicate the body number of the duly franchised motorized tricycle." SECTION 3. - Section 30 of the City Ordinance No. 1993-110 is hereby amended by adding provisions, to read as follows: "SECTION 30. (a) Any operator or owner of motorized tricycle for hire duly franchised by the MTFRB shall only employ driver with valid and appropriate professional driver's license duly issued by the LTO District Office or any Land Transportation Office. (b) It is unlawful for any person to drive a "colorum" motorized tricycle for hire or tricycle which has no, franchise/MTOP duly issued by the MTFRB, machine-pressed metal body number or an appropriate body number for the motorized tricycle being driven, duly issued by the MTFRB and a yellow plate number attached to the motorcycle duly issued by the LTO." SECTION 4. Impounding Fee and Area. - The apprehended motorized tricycle shall properly be issued with Citation Ticket and be impounded only for Seventy Two (72) hours at the PNP, if remained unclaimed, the PNP shall accordingly file a case against the violator/s to the proper court and the sidecar/motorcab thereof shall be deposited to the City Engineer's Office (CEO) compound or in any area under the control of that office for impounding, which shall only be released after the dismissal of the case. Regulations for the impounding of sidecar/motorcab are hereby provided, to wit: Any government official or employee who shall violate this Ordinance may be meted with administrative sanction. SECTION 6. Enforcement. - The City Mayor's Office and PNP City Traffic Division shall at all times strictly enforce this Ordinance. SECTION 7. Separability Clause. - If any provision or part of this Ordinance be declared invalid or unconstitutional, the same shall not affect the validity of the other provisions or parts of this Ordinance. SECTION 8. Repealing Clause. - Any resolution or ordinance or parts thereof inconsistent hereof is/are hereby repealed or superseded accordingly. SECTION 9. Effectivity. - This Ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the 10th City Council of Pagadian City during its 66th Regular Session held on 14 February 2012 at the Sangguniang Panlungsod Session Hall, Pagadian City.