ORDINANCE NO: 2017-388
Author: Honorable Ricardo S. Alajeno
Co-Author: Honorable Cherryl Y. Lee
"AN ORDINANCE CONSOLIDATING ALL EXISTING ANTI-SMOKING ORDINANCES IN PAGADIAN CITY; EXPANDING THE COVERAGE THEREOF, AND PROVIDING PENALTY FOR VIOLATION THEREOF"
WHEREAS, the 1987 Constitution of the Republic of the Philippines declares that the State shall protect and promote the right to health of the people and instill health consciousness among them.
WHEREAS, the Local Government Code of 1991, (Republic Act No. 7160) accords every local government unit power and authority to promote the general welfare within its territorial jurisdiction, including the promotion of health and safety of its constituents.
WHEREAS, the Tobacco Regulation Act of 2003, prohibits smoking in certain public places whether enclosed or outdoors; prohibits the purchase and sale of cigarettes and other tobacco products from to and by minors and in certain places frequented by minors; improves bans and restrictions of advertising, promotion and sponsorship activities of tobacco companies; and directs local government units to implement these powers.
WHEREAS, the Philippine Clean Air Act of 1999 (Republic Act No. 8749) declares the right of every citizen to breathe clean air, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and directs local government units to implement this provision.
WHEREAS, it is the policy of the City of Pagadian to promote the health and welfare of its citizens. Towards this end, it is the purpose of this ordinance to safeguard the public health and ensure the physical well being of smokers and non- smokers alike by discouraging cigarette smoking and tobacco use.
WHEREAS, scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke cause death, disease and disability; lead to devastating health, social, economic and environmental consequences; and places burdens on families, on the poor, and on national and local health systems;
WHEREAS, the City of Pagadian recognizes that local governments must act with urgency to denormalize the culture of smoking and tobacco consumption through comprehensive and proven effective tobacco control measures;
NOW THEREFORE, be it enacted, as it is hereby enacted, by the Sangguniang Panlungsod of the City of Pagadian, in session assembled, by virtue of the powers vested in it by law, that:
ARTICLE I - TITLE
Section 1. TITLE. - This Ordinance shall be known as "The Revised Anti-Smoking Ordinance of Pagadian".
ARTICLE I - GENERAL PROVISIONS
Section 2. PURPOSE. - This Ordinance is aimed at safeguarding public health and ensuring the well being of all its constituents by protecting them from the harmful effects of smoking and tobacco consumption.
Section 3. COVERAGE. - This Ordinance shall apply to all persons, natural or juridical-whether local residents or not, and in all places within the territorial jurisdiction of Pagadian City.
Section 4. DEFINITION OF TERMS. - As used in this Ordinance, the terms below shall have the meanings ascribed to them in this section. Any words or terms not defined shall be given their plain customary meanings, unless the context requires otherwise, and shall be interpreted in a manner consistent with the purpose and spirit of this Ordinance, viz:
Advertising and Promotion means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.
Cigarette refers to a roll finely cut leaf tobacco, or any substitute thereof, wrapped in paper or any other material.
Cigar a small roll of tobacco leaves prepared for smoking.
Civil Society Organization (CSO) refers to a legally constituted voluntary civic and social organization or institution created with no participation of government, including but not limited to, charities, development non-governmental organizations (NGOs), community groups, women's organizations, faith-based organizations, professional associations, coalitions and advocacy groups. As used in this Ordinance, CSO does not include organizations or associations related to or connected with the tobacco industry in any way.
Designated Smoking Area (DSA) refers to an indoor area where smoking is allowed, physically separated from the declared smoking-free area, equipped with effective and strong ventilation so that smoke emanating therefrom does not drift, permeate, or re-circulate into any smoke-free area. Physical separation requires that designated the smoking-free area must be fully separated from smoking area by continuous floor-to-ceiling walls which are interrupted only by doors which must constantly closed except during ingress or egress.
Enclosed or Partially Enclosed Public Places refers to a building or any other enclosed or partially enclosed structure, whether government or privately owned, that is open to the public by general invitation or otherwise, such as but not limited to private workplaces, offices, schools, hospitals, medical clinics, department stores, malls, markets, supermarkets, restaurants, bars, nightclubs, lounges, session halls, bus or airport terminals, comfort rooms, auditorium, private clubhouses, elevators, hotels, coliseum, libraries, courtrooms, grocery stores, ship terminals and other similar places where smoking may expose a person other than the smoker to tobacco smoke.
Minor refers to any person below eighteen (18) years old.
Outdoor Advertisement refers to any sign, model, placard, board, billboard, banner, bunting, light display, device, structure or representation employed outdoors wholly or partially to advertise or promote a tobacco product to the public.
Person-In-Charge refers to, in case of public places, public outdoor spaces and workplaces, the president/manager in case of a company, corporation or association, the owner/proprietor/operator in case of a single proprietorship; the administrator, in case of government property, office or building; and, in case of public conveyances, the owner, driver, operator, conductor, or the captain of the public conveyance.
Point-of-sale refers to any location at which an individual can purchase or otherwise obtain tobacco products.
Public conveyances refers to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, ships, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles.
Public places means all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including, but not limited to, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkways, entrance ways, waiting areas, and the like.
Second-hand smoke means the smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker.
Smoking means being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.
Tobacco Products means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as cigarettes and cigars.
Workplace means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces.
ARTICLE II - REGULATIONS & PENALTIES
Section 5. Prohibited Acts. - The following acts are declared unlawful and prohibited by this Ordinance:
Smoking in enclosed or partially enclosed public places, workplaces, public conveyances, or other public places, as defined in Section 4.
Selling or distributing tobacco products in a school, public playground or other facility frequented by minors, or within 100 meters from any point in the perimeter of these places.
Selling or distributing tobacco products to minors.
Purchasing tobacco products from minors.
Placing cinema, television, radio and outdoor advertisements of tobacco products
Placing, posting, or distributing advertising materials of tobacco products, such as leaflets, posters and similar materials, outside the premises of point-of-sale establishments.
Placing, posting, or distributing advertising materials of tobacco products, such as leaflets, posters and similar materials, even if inside the premises of point-of-sale establishments, when the establishments are not allowed to sell or distribute tobacco products, as in Section 5(b) above.
Persons-in-charge shall be held similarly liable for the above acts if they are found to have allowed, abetted, or tolerated the same.
Section 6. Duties and Obligations of Persons-in-Charge. - Persons in charge shall:
a) Prominently post and display "No Smoking" signages in the locations most visible to the public in the areas where smoking is prohibited, including vehicles. At the very least, a "No Smoking" sign must be posted at the entrance to the area. Drivers of public conveyances are also required to post a signage inside their vehicle. "No Smoking" signage shall show the following information:
STRICTLY NO SMOKING as per ORDINANCE NO. 2017-388
Violators can be fined up to P1,000.00
Report violations to the SMOKE FREE TASK FORCE
As for the DSA, the following signages must be highly visible and prominently displayed:
"Smoking Area" signage;
Graphic health warnings on the effect of tobacco use; and
Prohibition on the entry of persons below eighteen (18) years old
b) Remove from the places where smoking is prohibited all ashtrays and any other receptacles for disposing of cigarette refuse.
c) For persons-in-charge of schools, public playgrounds or other facilities frequented by minors, post the following statement in a clear and conspicuous manner:
SELLING OF CIGARETTES OR OTHER TOBACCO PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM [SCHOOL/ETC.] PERIMETER
d) For persons-in-charge of point-of-sale establishments, post the following statement in a clear and conspicuous manner:
SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS IS UNLAWFUL
e) Establish internal procedure and measures through which this Ordinance shall be implemented and enforced within the area of which he or she is in charge, including, but not limited to, warning violators and requesting them to stop smoking, and if they refuse to comply, asking them to leave the premises, and if they still refuse to comply, reporting the incident to the City Health Officer or the nearest Police Office.
f) Ensure that all the employees in the establishment are aware of this Ordinance and the procedure and measures for implementing and enforcing it.
g) Allow inspectors acting under Sections 14 and 15 hereof and representatives of the designated civil society organization under Section 16 entry into the establishment during regular business hours for the purpose of inspecting its compliance with this Ordinance.
h) For all signage required to be posted under (a), (c), and (e) above, provide for versions of them in the local language.
Section 7. Persons Liable. - The following persons shall be liable under this Ordinance:
a) Any person who commits any of the prohibited acts stated in Section 5 hereof;
b) Persons-in-charge who knowingly allow, abet, or tolerate the prohibited acts enumerated in Section 5, or who otherwise fail to fulfill the duties and obligations enumerated in Section 6 hereof;
Section 8. Penalties. - Any person found violating any provision of the Ordinance shall be penalized as follows:
a) Violation of Section 5 and Section 6 hereof:
i) First Offense P 100.00
ii) Second Offense 500.00
iii) Third and Subsequent Offenses 1,000.00 plus one (1) hour of
Community Service
The fine collected arising from violations of this ordinance shall be shared as follows:
i) Barangay Government concerned Sixty (60%) Percent
ii) City Government Forty (40%) Percent
In case when a fine collected involves the joint effort of two or more barangays sharing common boundaries, the total amount shall be equally shared by the concerned barangays.
b) Suspension of License. The license to operate of any establishment or of any public conveyance covered by this Ordinance shall be suspended for at least two (2) weeks but not more than one (1) month.
c) Community Service. If a violator is unable to pay the fines imposed, he or she may choose to render community service to the City of Pagadian.
i) First Offense Three (3) Hours
ii) Second Offense Eight (8) Hours
iii) Third and Subsequent Offenses Sixteen (16) Hours
Section 9. Smoking Cessation Program. - The Health Officer, with the assistance of the duly designated Health Education and Promotion Officer of his office and the CSO representative as provided in the succeeding section, shall develop and promote a Smoking Cessation Program and encourage the participation therein of public and private facilities which may be able to provide for its requirements. Smokers who are willing to quit and/or those found violating this Ordinance may be referred to the Smoking Cessation program and its facilities.
ARTICLE III - ENFORCEMENT
Section 10. Smoke Free Task Force. -A Task Force, as composed hereunder, shall be created to aid in the implementation, enforcement and monitoring of this Ordinance as well as to conduct educational awareness campaigns, information dissemination programs, and capacity building programs, that will inform the constituents and train enforcement officers, to wit:
Chairman : City Mayor
Co-Chairperson : Committee on Health and Social Services
Members : 1) The Health Education and Promotion Officer
2) The City Legal Officer
3) The Information Officer
4) The City Building Official
5) The Head, Business Permits and License Division, Office of the City Mayor
6) Civil Society Organization (CSO) Representative (designated by the Local Health Officer)
7) The City Police Director or his authorized Representative
8) The City Fire Marshal or his Representative
9) The President, Pagadian City-Zamboanga del Sur Chamber of Commerce & Industry Foundation, Inc.
10) The City Treasurer
The task force shall not include as a member any person or entity connected in any way to the tobacco industry.
The Task Force may deputize qualified civilians to serve as enforcers of this Ordinance.
ARTICLE IV - INFORMATION CAMPAIGN
Section 11. Public Billboards, Notices in Barangays. - Upon effectivity of this Ordinance, the Office of the City Engineer shall put up billboards in conspicuous places within the city to notify the public of the restrictions and sanctions imposed by this ordinance. The Information Office shall also immediately issue for dissemination at the barangay level notices regarding the obligations of persons under the ordinance.
Section 12. Conduct of Orientation Seminars and Trainings. - Within sixty (60) calendar days from the effectivity of this Ordinance and periodically thereafter, the City Health Officer, with the assistance of the Health Education and Promotion Officer and the CSO representative hereof, shall develop and conduct a series of orientation seminars and trainings for the enforcers of this Ordinance, at least one for each group, including but not limited to, deputized enforcers like Barangay Health Workers and the Barangay Tanod, and the Pagadian City Police Office.
ARTICLE V - FINAL PROVISIONS
Section 13. Funding. - An initial funding to defray the expenses necessary for or incidental to the implementation of this Ordinance in the amount of Fifty Thousand P50,000.00 Pesos is hereby allocated.
Section 14. Repealing Clause. - All ordinances contrary to or inconsistent with this Ordinance are hereby repealed or modified accordingly.
Section 15. Separability Clause. -If any part or provision of this Ordinance is declared unconstitutional or invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof.
Section 16. Effectivity Clause. - This Ordinance shall immediately take effect after its publication in a newspaper of local or general circulation and the posting thereof in at least two (2) conspicuous places in the City.
ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 55th Regular Session on 29 September 2017 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.