ORDINANCE NO: 2019-425
Authored by: Hon. Ronald Christopher Glenn L. Ariosa
"AN ORDINANCE ESTABLISHING A COMMON LECHON OR ROASTED PIG (PORK DISH) AREA IN THE CITY OF PAGADIAN AND IMPOSING FEES AND OTHER CHARGES FOR THE USE OF SUCH FACILITIES"
Be it ordained by the Sangguniang Panlungsod (13 City Council) of Pagadian City in session assembled, that:
ARTICLE I
TITLE AND SCOPE
Section 1. TITLE - This Ordinance shall be known as the "Common Lechon or Roasted (Pork Dish) Area" of the City of Pagadian.
Section 2. SCOPE - The provisions of this Ordinance shall control, enforce, direct and supervise the "Common Lechon or Roasted Pig (Pork Dish) Industry in general and imposing fees and other charges on the use of its facilities in consonance with the mandate of the pertinent provisions of the Local Government Code of 1991.
ARTICLE II
DEFINITION OF TERMS
SECTION 3. DEFINITION OF TERMS - Words and phrases as used in this ordinance shall be defined as follows:
LECHON - is a pork dish in several regions of the world, most specifically in Spain and its former colonial possessions throughout the world. Lechon which means in Spanish as milk which in Spanish word refers to a roasted pig.
SANITATION - shall mean, the conditions relating to public health.
SAFEGUARD - shall mean, to protect them from harm.
ESTABLISHMENT - is the action of establishing something or being established.
MANAGEMENT - shall mean, the process of dealing with or controlling things or people.
BOND - is a thing used to tie something or to fasten things together or an agreement with legal force.
WASTE DISPOSAL - shall mean removing and destroying or storing damaged, used or other unwanted domestic, agricultural or industrial products and substances.
RECEPTACLE - is an object or space to contain something.
SITE - an area of ground on which a town, building or market is constructed.
LOCATION - is a particular place or position.
GUIDELINES - a general rules and regulations, principles, or piece of advice.
COMMON - shall mean regularly occurring, found, or done often.
PROHIBITION - it is the action of forbidding something.
FEES - is a payment made to a professional person or to a professional or public body in exchange for advice or services.
EJECTED - is a force or throw (something) out, typically in a violent or sudden way.
REVOCATION - it is the official cancellation of a decree, decision or promise.
MARKET STALL - it shall refer to any allotted space, stand, compartment, store or any place wherein merchandise is sold, offered for sale, or for such purpose in the Public Market.
ARTICLE III
IDENTIFICATION AND DECLARATION OF THE SITE AND/OR LOCATION FOR THE ESTABLISHMENT OF THE COMMON LECHON OR ROASTED PIG (PORK DISH) AREA
Section 4. Location. There shall be an established "Common Area for disposing or selling pork dish in the City of Pagadian within Dablo Street, corner Fernan Street, Barangay San Pedro and, subject to the rules and guidelines of the City of Pagadian Slaughterhouse, shall be opened, managed, and maintained by the City Government in cooperation with supporting government agencies for the welfare of the consumers, in particular, and the people, in general.
ARTICLE IV
ASSIGNMENT AND/OR DESIGNATION OF OPERATIONS MANAGER FOR THE COMMON LECHON OR ROASTED PIG (PORK DISH) AREA, DEFINING ITS PRIMARY DUTIES, FUNCTIONS AND RESPONSIBILITIES
Section 5. The City Mayor shall assign or designate Operations Manager in the Common Lechon or Roasted Pig (Pork Dish) Area who shall be primarily responsible in the management, operation and maintenance of such public facility.
The assigned or designated Operations Manager of the Common Lechon or Roasted Pig (Pork Dish) Area, shall have the following duties, functions and responsibilities, to wit:
To exercise over-all supervision and control of the Common Lechon or Roasted Pig (Pork Dish) Area;
To accept and process all applications for lease of stalls;
To keep a record or certified list of all stallholders and/or operators;
To collect and receive stall rental and all other fees and charges, including license and business taxes due to the City Government, which collected amount shall be remitted directly to the City Treasurer with a list of stallholders showing the amount of stall fees and rentals paid;
To ensure the cleanliness and sanitation of the entire area;
To enforce all rules, regulations, ordinances and other pertinent laws regarding waste segregation as well as the health, hygiene and sanitation of the area;
To act as property custodian of all properties within the Common Lechon or Roasted Pig (Pork Dish) Area;
To mediate all controversies involving stalls as well as all other incidents or controversies relative to the operation of the Common Lechon or Roasted Pig (Pork Dish) Area; and
To perform such other functions as the City Mayor may require.
ARTICLE V
GENERAL GUIDELINES, STALL RENTALS AND OTHER FEES AND CHARGES WITHIN THE COMMON LECHON OR ROASTED PIG (PORK DISH) AREA
Section 6. The following guidelines are hereby prescribed in the establishment of the Common Lechon or Roasted Pig (Pork Dish) Area:
LAND AREA - Adequate space must be provided to accommodate all Lechon operators which area shall be determined by the City Mayor upon recommendation of the City Engineer's Office and approved by the City Council;
DESIGN CRITERIA - The building structure shall be made out of strong materials and its design and construction shall be in conformity with the City Zoning Ordinance, Housing and Land Use Regulatory and the National Building Code of the Philippines;
WATER REQUIREMENT - A minimum supply of water per operators (including their personal staff and helpers, vendors, etc.) per day should be supplied to the market. If this amount is not obtainable from the City Water District, portable water should be supplied through the installation of deep well pumps and overhead water tanks;
POWER SUPPLY - Power Supply shall be connected to the Common Lechon Area. The power requirement shall be based on the basic needs of the operators, vendors and staff on the market;
DRAINAGE SYSTEM - There shall be a drainage system for the clean and orderly operation of the operators and vendors within the Common Lechon Area;
WASTE DISPOSAL - Sufficient Common Lechon Area cleaners and cleaning facilities/materials shall be provided in order to maintain regular cleanliness and sanitation of the market and its premises. The pertinent provisions of the Sanitation Code of the Philippines (Presidential Decree No. 856) shall be strictly be followed;
PARKING - Adequate parking space of vehicles for both market goers and vendors shall also be provided;
SECURITY - Adequate security measures shall be adopted/implemented to secure both vendors and market goers. For this purpose, security guards shall be hired.
Section 7. PROVISION OF DEPOSIT OR CASH BOND - There shall be required a deposit or cash bond of not less than Five Thousand (P5,000.00) Pesos which shall be deposited with the City Treasury as guarantee that the awardee/stallholder will strictly and faithfully comply with his/her contract, and observe all ordinance, rules and regulations, and necessary requirements.
The guarantee deposit/cash bond shall be utilized in case of failure of the stallholder to pay the corresponding fees and charges due to the City Government, or in case the awardee/stallholder surrender and/or by any reason, vacate the stall, any unpaid payables shall be deducted from the advance deposit prior to refund thereof, if there are any.
Section 8. REQUIREMENT OF MAYOR'S PERMIT - Before any awardee/stallholder can occupy and operate in the stall awarded to him/her, the necessary Mayor's Permit must first be secured.
Section 9. OTHER FEES AND CHARGES FOR THE USE OF THE FACILITY -
(a) For the services rendered by the City Abattoir, the following fees and charges shall be imposed and collected in the amount as follows:
Ante Mortem Weighing fee / kilo 0.25
Ante Mortem Inspection fee/ head hog 20.00
Permit to Slaughter fee/ head hog 15.00
Slaughter Fee, Per Kilo:
Hogs 2.00
Entrails Fees, Per Head:
Hogs 20.00
Post Mortem Inspection Fee (Per Kilo) 0.50
Meat Delivery Van Fee (Per Kilo) 0.80
(b) For the utilization of the facilities in the Common Lechon or Roasted Pig (Pork Dish), there shall be collected and imposed fees and charges for the following services; to wit:
Roasting Preparation Area Fee (Per Head) 30.00
Roasting Fee (Per Kilo) 3.00
Section 10. PROVISION OF LIGHTING FACILITIES; ELECTRIC CONSUMPTION - Adequate general lighting facilities shall be provided in the Common Lechon or Roasted Pig (Pork Dish) Area. However, stallholders shall provide their lighting connection to their respective stalls at their own expense. Provided that electric installations, modification, or renovation in the Common Lechon or Roasted Pig (Pork Dish) Area shall be done only by the electrician and/or other electrical maintenance personnel of the City Engineer's Office. The stallholder shall pay electrical consumption to the Operations Manager at the end of every month.
ARTICLE VI
QUALIFICATION OF APPLICANTS FOR LEASE OF STALL AND GENERAL TERMS AND CONDITIONS IN THE AWARD AND ASSIGNMENT OF STALL
Section 11. No application for lease of stall in the Common Lechon or Roasted Pig (Pork Dish) Area shall be considered and/or accepted unless the applicant is a citizen of the Philippines with preference of local residents of Pagadian City over qualified non-residents. No person, whether natural or juridical, is allowed to lease more than two (2) stalls in the Common Lechon or Roasted Pig (Pork Dish) Area.
Section 12. AWARD AND ASSIGNMENT OF STALL - No person shall occupy any stall or part thereof, or sell, offer for sale, display, exhibit or in any way expose for sale any Lechon or Roasted Pig (Pork Dish) in the Common Lechon Area or use or occupy any stall unless such stall has been awarded and assigned to him/her and the corresponding Contract of Lease has been formulated, entered and signed into by the parties concerned.
Section 13. DUTIES AND RESPONSIBILITIES OF AWARDEE/STALLHOLDER - After the stalls have been awarded and assigned, the awardee/stallholder shall perform the following duties and responsibilities, to wit:
All awardees/stallholders shall pay the necessary licenses, taxes, fees and other imposition that may be imposed, levied and collected by the City Government of Pagadian before using or taking possession of the awarded stall;
Each awardee/stallholder shall provide Identification Card (ID) as well as his employee(s) or assistants to the Operations Manager which shall be displayed in a conspicuous place as indicated by the latter;
Each awardee/stallholder shall not start or proceed with any repair work, extend the stall, occupy more space nor in any case introduce improvements or may any alterations in the leased premises without prior written consent and approval of the City Government/City Mayor, and that in case of permitted improvements or alterations, the same shall not be removed therefrom but shall belong to and become the exclusive property of the city without any right of reimbursement on the part of the stallholder;
All awardee/stallholder shall comply with all sanitary rules and safety regulations which are promulgated by the Department of Health and those that may be imposed from time to time by the City Government and to keep and maintain the leased premises in clean and sanitary condition and disposed of all rubbish or garbage only through the means and places indicated by the city for the purpose;
Each awardee/stallholder shall use the leased premises exclusively for Lechon or Roasted Pig display and sale and strictly prohibited from using said premises for any other purpose or business without prior consent of the city;
Each awardee/stallholder shall shoulder the expenses for minor repair of the stall resulting from ordinary wear and tear but major repair shall be assumed by the City Government provided that the stallholder informs the city before any repair is undertaken;
All awardee/stallholder shall comply with any and all laws, ordinances, rules and regulations or orders of the National Government or City Government authorities arising from or regarding the use, occupation and sanitation of the leased stall, and shall strictly abide with all regulations and orders which may be given by the City Government from time to time; and
Each awardee/stallholder shall notify in writing the City Government At least Sixty (60) days in advance should he/she decides to vacate the leased stall.
ARTICLE VII
PROPER GUIDELINES, MAINTENANCE AND THE ESTABLISHMENT OF NECESSARY FACILITIES AND AMENITIES IN THE COMMON LECHON OR ROASTED PIG (PORK DISH) AREA
Section 14. PROPER GUIDELINES IN THE MAINTENANCE OF HEALTH AND SANITATION IN THE COMMON LECHON OR ROASTED PIG (PORK DISH) AREA - To maintain proper health and sanitation within the premises of the Common Lechon or Roasted Pig (Pork Dish) Area, the following provisions shall be carefully and strictly observed, viz:
14.1 The Area must always be kept clean and orderly in a perfectly sanitary condition, including all stalls occupied by the awardee/stallholders, as well as the whole tract of land belonging to the Common Lechon or Roasted Pig (Pork Dish) Area. The cleaning of the area premises should be done before consumers/buyers start coming to the area. The area should at all times be kept free from garbage and rubbish;
14.2 All stalls shall be provided with receptacles, preferably rat and fly proof type, for the collection of the garbage and rubbish, placed in the most conspicuous and convenient places in the market. Individual stallholders shall be provided themselves with their trash receptacles and avoid littering their premises. No stallholders or other person shall place refuse on the floor, stalls or any place other than the garbage receptacle;
14.3 Cooked Lechon or Roasted Pig (Roasted Dish) shall be served hot and at all times protected against contamination by flies or other insects and dirt and should not be unnecessarily handle by the sellers or buyers, and that it should be served by using plastic gloves, forks, spoons, dippers or similar utensils, instead of with the hands. The sale of spoiled Lechon in bad state of putrefaction is prohibited;
14.4 All Lechon shall be sold from uniform stalls and tables or fixtures made of or constructed as approve by the City Engineer and City Health Officer. The stalls and tables must be scrubbed nightly and their surfaces kept smooth always so that Lechon or particles thereof cannot lodge in cracks or in rough places to decompose;
14.10 Leaving of discarded leftovers or unsold Lechon in their stall is prohibited and shall be strictly dealt with by law. The sanitary personnel from the City Health Office shall instruct the employees of the market to strictly comply with the provisions of this Ordinance and shall notify in writing the City Health Officer and the Operations Manager of any violation of these rules for appropriate action against all parties involved.
Section 15. ESTABLISHMENT OF NECESSARY FACILITIES AND OTHER AMENITIES - The Common Lechon or Roasted Pig (Pork Dish) area shall be provided with a public toilet with two compartments, one for men and the other for women and must be kept clean at all times in perfect state and in sanitary condition. Toilet as well as the necessary and adequate washing facilities must be located near the area to enable the awardees/stallholders and their employees or assistants as well as customers/buyers to clean themselves before handling the food, especially after coming from the toilet.
ARTICLE VIII
PROHIBITED ACTS IN THE COMMON LECHON OR ROASTED PIG (PORK DISH) AREA
Section 16. The following acts are hereby prohibited in the Common Lechon or Roasted Pig (Pork Dish) Area:
To utilize the stall or in any place within the premises of the Common Lechon or Roasted Pig (Pork Dish) Area for sleeping or dwelling purposes;
To build, construct and/or establish any structure, shanty, "barong-barong", shed, table or pushcart in or along the Common Lechon or Roasted Pig (Pork Dish) Area. The City Engineer is hereby authorized to see to it that this is strictly adhered to by the awardee/stallholder;
To peddle, hawk or sale any commodity or article of commerce other than Lechon or Roasted Pig (Pork Dish) within the area;
To sub-lease, assign, transfer, convey, mortgage or in any way encumber his/her privilege of lease over the leased stall or any portion thereof under any circumstances whatsoever;
To cause damage to any stall or part thereof including any and all other properties of the City Government within the premises;
To post handbills and other kinds of advertisement on any part of the Common Lechon or Roasted Pig (Pork Dish) Area;
To cause vandalism, littering and other similar acts;
To sell stale, rotting, deteriorating or decomposed lechon;
To loaf, loiter or idle in the area;
To annoy, distract, obstruct or vex the Operations Manager, collectors and other employees assigned in the area while in the performance of their duties;
To bring dogs, cats and other animals to the Common Lechon Area or leave the same thereat.
ARTICLE VIII
PENALTIES
Section 17. PENALTY CLAUSE
17.1 Any awardee/stallholder, including his/her employees or assistants, or any person or persons found violating the prohibited acts mentioned in Section 16, Paragraphs a to k, shall be meted with a fine of not less than P1,000.00 but not more than P3,000.00. This is, however, without prejudice to the revocation or cancellation of the award and the Contract of Lease.
17.2 Any person or persons who assist, aid or abet, induce or influence the awardee/stallholder, or his/her employees or assistants, to commit the violation of the prohibited acts specified under Section 16 hereof, shall be penalized a fine of not less than P1,000.00 but not more than P3,000.00.
17.3 Any person occupying any stall or part thereof not so awarded/assigned to him/her as provided in this Ordinance, and offer for sale, display, exhibit or in any way expose to sell lechon shall be penalized to pay a fine of not less than P1,000.00 but not more than P3,000.00.
The Lechon illegal displayed, exhibited or sold shall be confiscated in favor of the City Government, and shall be disposed of in a manner and with direct supervision of the City Health Officer and the City Veterinarian to prevent possible contamination.
Section 18. SUPPLETORY AND/OR APPLICABILITY CLAUSE - All words and phrases in this Ordinance shall be construed in their ordinary sense and with the meaning commonly attributed to them or as defined, interpreted and applied in the Revenue Code of the City of Pagadian, and the National Revenue Code. However, if the leading of the language according to its literal interpretations lead to a manifest contradiction to the apparent purpose of this Ordinance, it is the intention and not the words which must prevail.
All other matters relating to the revenue herein collected shall be governed by the pertinent provisions of existing laws and other ordinances, more particularly the Revenue Code of the City of Pagadian.
Section 19. SEPARABILITY CLAUSE - If, for any reason, any section or provisions of this Ordinance shall be declared to be unconstitutional or invalid by any court of competent jurisdiction, such judgement shall not affect nor impair the other provisions, section, or parts thereof which shall continue to be in full force and effect.
Section 20. REPEALING CLAUSE - All ordinance, rules and regulations or parts herein in conflict with or inconsistent to the provisions of this ordinance are hereby repealed and/or modified accordingly.
Section 21. EFFECTIVITY - This ordinance shall take effect immediately after Fifteen (15) days following publication in a local newspaper of general circulation.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 11th Regular Session on 2 October 2019 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.