ORDINANCE NO: 2017-391 (Author: Honorable Jurofer P. Pulmones) "AN ORDINANCE REGULATING THE SALE OF COMPOUNDS AND SOLVENTS WITH HALLUCINATING OR INTOXICATING EFFECT, PROHIBITING ITS SALE OR DISPENSATION TO MINORS AND PROVIDING PENALTIES THEREOF" Be it ordained by the Sangguniang Panlungsod of the City of Pagadian, that: Section 1. Rationale. - With the introduction and acceptance into the street culture of the use of chemical compounds or solvents as an alternative to mind altering drugs, there is a need to regulate the sale of these chemical compounds that find practical everyday use in households to deter its misuse, prevent and control the damage it may cause to users with the ultimately objective of improving the city's peace and order condition as well as minimizing if not eradicating cases of juvenile delinquency. Section 2. Definition of Terms. - The following terms, for the purposes of this ordinance, shall mean: Chemical Compound - any commercially available compound/solvent that is used commonly as adhesive in furniture and shoe repair or for sealing leaks of roofs and/or plumbing fixtures which has odor akin to petroleum or its by-products which can alter the state of mind when sniffed. These shall include but not limited to any brand and/or kind of glue, contact cement, plastic cement, rugby, roof sealants, plumbing adhesives; Dispensation - refers to the act of selling, distributing, dealing out and/or giving away with or without monetary consideration; Hardware Store or Establishment - means any licensed or unlicensed store operating in the city; Minor - refers to any person whose age is below 18 years old; Misrepresentation - shall refer to the act of presenting fictitious documents as proof of identity or age or causing the falsification thereof to be able to buy substances that are subject of this ordinance; Owner - means the licensee or owner of the hardware store or establishment. Also called the proprietor, president, manager. Section 3. Regulations. - a) It shall be unlawful for any hardware store or establishment within Pagadian City to sell and dispense to a minor such chemical compound/solvent; b) All hardware stores or establishments in selling or dispensing the compound shall be mandated to record in a logbook specifically maintained for such purpose, the name, address, the kind and quantity of the compound bought and the purpose for which such item is obtained. c) The Pagadian City Police Office shall be authorized to randomly collect information from the logbook for purposes of monitoring. Section 4. Penalty. - a) Any minor who is ascertained to have misrepresented himself in buying any of such chemicals herein mentioned in violation of Section 3 of this ordinance shall be turned over to the City Social Welfare and Development Office for case evaluation and be subject to the following procedures: 1) First Offense: for counseling together with the guardians or parents; 2) Second Offense: for rehabilitation in the city's youth facility. b) Any owner of the hardware store or establishment found violating Section 3 of the ordinance shall be meted with the following punishment: First Offense: A fine not less than Two Thousand (P2,000.00) Pesos but not more than Three Thousand (P3,000.00) Pesos or an imprisonment of not less than One (1) Month but not more than Three (3) Months or both fine and imprisonment at the discretion of the court; Second Offense: A fine not less than Three Thousand (P3,000.00) Pesos but not more than Four Thousand (P4,000.00) Pesos or an imprisonment of not less than Three (3) Months but not more than Six (6) Months or both fine and imprisonment at the discretion of the court; Third Offense: A fine of not less than Four Thousand (P4,000.00) Pesos but not more than Five Thousand (P5,000.00) Pesos or cancellation of business permit or both fine and cancellation of their business permit at the discretion of the court. Section 5. Separability Clause. - Any provision or portion of this ordinance found to be constitutional or invalid shall not impair the other provisions or parts thereof which shall continue to be in force and in effect. Section 6. Repealing Clause. - All existing ordinance, its rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed or modify accordingly. Section 7. Effectivity. - This ordinance shall take effect Thirty (30) Days after publication in a newspaper of general circulation in Pagadian City. ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 56th Regular Session on 03 October 2017 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.