ORDINANCE NO: 2019-426 Authored by: Hon. Ronald Christopher Glenn L. Ariosa Co- Authored by: Hon. Fernando Y. Pameron "AN ORDINANCE REGULATING THE PAGADIAN CITY LIVESTOCK INDUSTRY AND ESTABLISHING THE PAGADIAN CITY LIVESTOCK AUCTION MARKET BESIDE THE FISHPORT AREA, PROMULGATING RULES AND REGULATIONS FOR ITS OPERATION, MANAGEMENT AND MAINTENANCE, PRESCRIBING FEES AND RATES OF ITS OFFERED SERVICES, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF" Be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian City in session assembled, that: ARTICLE I - TITLE AND SCOPE SECTION 1. TITLE. -?This ordinance shall be known as the "Pagadian City Livestock Ordinance". SECTION 2. SCOPE.?- The provisions of this Ordinance shall control, enforce, direct and supervise the Pagadian City Livestock Industry in general, and the operation, management and maintenance of the Pagadian City Livestock Auction Market in particular, in accordance with the provisions of Presidential Decree No. 7 which prescribes measures for the establishment of livestock auction markets. ARTICLE II - DEFINITION OF TERMS SECTION 3. WORDS AND PHRASES DEFINED. - Words and phrases as used in this ordinance shall mean the following: a) Livestock auction market - shall refer to a place or establishment serving as a public market for farmers and dealers, equipped with weighing scale, pens, corrals, tie rails, loading ramps, enclosures and other attendant facilities with which livestock are received, weighed and identified for sale. b) Livestock - shall refer to live cattle, carabao, hog, horse, goat, sheep and the like usually sold for fattening, stock replacement, work purposes, breeding and slaughter. c) Farmer - shall refer to one who directly sells fattened livestock to buyers and dealers, or buys it at the market for fattening, stock replacement, breeding or work purposes. d) Dealers - shall generally refer to one who buys livestock for the purpose of reselling it for profit. Shipper or viajero "shall refer to a dealer who usually procures Livestock for shipment and resale to distant places. Handler shall refer to a person engaged in livestock trading as an employee/intermediary/agent of either the farmer or the dealer. ARTICLE III - THE PAGADIAN CITY LIVESTOCK AUCTION MARKET SECTION 4. ESTABLISHMENT. -?There shall be established a Livestock Auction Market, hereinafter referred to as the Market in this Ordinance, beside the City Fish Port, Barangay San Pedro, Pagadian City which shall be operated, managed and maintained by the City Government in cooperation with supporting government agencies. SECTION 5. PURPOSE. -?The Market shall be the backbone of the Pagadian City Livestock industry, and shall serve as the center of Livestock trading activities in the City, centralizing them to rationalize Livestock supply, promote fair trading by raising the farmers margin to profit through improved marketing opportunities, and raise the quality of livestock being offered for sale in support of the livestock development program of the national government. SECTION 6. FUNCTIONS.?- The Market shall have the following functions: a) To provide farmers and dealers an accessible centralized location where they can efficiently and conveniently transact business; b) To serve as the core of an organized Livestock Marketing System reaching through the barangay level which will ensure higher profitability for farmers and enhanced quality for dealers; c) To house farmers Livestock under satisfactory conditions that meet standard government requirements; d) To establish a uniform grading system that will serve as the basis of fair and orderly trading between farmers and dealers; e) To rationalize Livestock supply in the city and the province through an efficient distribution system from production points to the markets; f) To issue required clearance on Livestock intended for slaughter at the Pagadian City Slaughterhouse; g) To regularly disseminate updated reports on prevailing Livestock prices and market trends and data relevant to the Livestock industry in particular and the public in general; and h) To conduct basic orientation, management training and skills development programs for farmers, dealers, handlers and other parties involved in the local livestock industry. ARTICLE IV - CREATION OF THE PAGADIAN CITY LIVESTOCK AUCTION MARKET MANAGEMENT COUNCIL AND ITS COMPOSITION; DEFINING ITS DUTIES AND FUNCTIONS SECTION 7. MANAGEMENT. -?There shall be created the Pagadian City Livestock Management Council, hereinafter referred to as the Management, who shall manage, maintain and operate the Pagadian City Livestock Auction Market, which shall be composed of the following: Chairman : City Mayor Vice-Chairman : City Vice Mayor Members : Chairman, SP Committee on Agriculture, Fishery & Agrarian Reform : Chairman, SP Committee on Finance & Appropriations : Chairman, SP Committee on Ways & Means : Chairman, SP Committee on Ecology : Liga ng mga Barangay President or his duly authorized representative : City Agriculturist : City Treasurer : City Planning & Development Coordinator : City Budget Officer : City Engineer : City Accountant : City Health Officer : City Environment and Natural Resources (CENRO) : NGO Representative-to be appointed by the City Mayor SECTION 8. DUTIES AND FUNCTIONS. - The PAGADIAN CITY LIVESTOCK MANAGEMENT COUNCIL shall be the policy-making body of the Pagadian City Livestock Auction Market. As such, it shall have the following duties and functions, to wit: To formulate rules, regulations and guidelines for the operation and management of the Livestock Auction Market; To adopt plans, programs and strategies for the productivity, stability and viability of the Livestock Auction Market; To recommend for any adjustment and/or decrease or increase of the prescribed fees and penalties as prescribed and provided for by this Ordinance; and To perform such other functions as may be authorized by the Sangguniang Panlungsod for the more effective and efficient management of the Livestock Auction Market. SECTION 9. DESIGNATION AND/OR ASSIGNMENT OF MARKET MANAGER; DEFINING ITS DUTIES AND RESPONSIBILITIES. - For purposes of this Ordinance, the City Mayor shall designate and/or assign personnel from the City Agriculture Office to act as Market Manager, who shall assume the following duties and responsibilities, to wit: To oversee the over-all management of the market and take responsibility in the day-to-day operations of the said market; To exercise supervision over competent staff duly designated and assigned by the City Mayor; To administer and supervise the operation of the market in a just and responsible manner without fear or favor toward any individual or party; To ensure that the yard, corrals, pens, weighing scale and other structures, facilities and equipment within the market are always clean, orderly and in good condition; To expeditiously hear and settle complaints including reported violations that will be detrimental to the smooth and orderly operation of the market; and To keep and maintain accurate and updated record of transactions involving livestock within the market. ARTICLE V - RULES AND REGULATIONS GOVERNING THE OPERATION OF THE MARKET SECTION 10. MARKET DAYS. -?Tuesday and Saturday every week shall be established as official market days during which business transactions between farmers and dealers shall be vigorously promoted and enjoined. This however does not limit transactions with respect to small animals like hog, sheep and goat on any other day of the week between parties who desire to avail of market services and facilities. SECTION 11. HAULING.?- Livestock to be offered for sale during market days shall be brought to the market either through personally secured conveyances or by availing the transport facilities offered by the Market which shall be covered by a responding service charge as prescribed under Article VI Section 21 of this Ordinance. SECTION 12. INSPECTION.?- Every livestock entering the market premises shall be subjected to an inspection by the Office of the City Veterinary through its Animal Health Officer (AHO) in close coordination with the Bureau of Animal Industry-Department of Agriculture for possible disease infections. Only livestock declared to be fit by the Animal Health Officer shall be allowed or admitted within the premises for market. SECTION 13. WEIGHING. -?Every healthy livestock so declared by the Animal Health Officer shall be properly weighed, graded and identified using prescribed forms before admission within the market yard, with the owner to be provided with a copy of its records before yarding. SECTION 14. BRANDING, REGISTRATION AND SETTING OF MINIMUM AUCTION PRICE. -?Livestock shall be first herded to an area designated for branding, verification of registration requirements for large cattle, and then setting by management of the minimum auction price for each livestock as recommended by Local City Price Coordinating Council. SECTION 16. SERVICE CHARGE. -?A Miscellaneous/Service Charge in shall be imposed upon any farmers or dealers who avail of market services and brings livestock for auction in the market, which shall be properly assessed and collected prior to the loading out of livestock based on the rates prescribed under Article VI Section 21 of this Ordinance. SECTION 17. RELEASE FOR LIVESTOCK.?- Livestock admitted within the market premises shall only be released either to the farmer, in case of not sold, or to the dealer in case the sale is consummated after the presentation of all necessary documents to the Market Manager or his/her duly authorized personnel who shall supervise the release of livestock for loading. SECTION 18. MONITORING TEAMS. -?Two monitoring teams of market personnel shall be stationed at Barangay San Pedro, respectively, to monitor, control and regulate the flow of livestock in and out of the City in coordination with the local Philippine National Police (PNP) command. They shall be authorized to impound and/or confiscate livestock found to be lacking papers of documents for shipment required by this Ordinance or by the other existing applicable laws of the land. The Market Management shall assume responsibility and accountability over their operation. ARTICLE VI - REGISTRATION, LICENSING AND FEES SECTION 19. REGISTRATION. -?All farmers and other individuals except dealers and handlers, engaged in livestock trading shall register with the market management for proper identification, for which they shall be issued an official identification card before admission within the market premises. SECTION 20. LICENSING. -?All livestock dealers and handlers shall be required to secure a license from the Department of Agriculture - Bureau of Animal Industry before they will be allowed to engage in trading activities within the market premises. Any person desiring of such License shall apply with the Animal Health and Welfare Division, Department of Agriculture-Bureau of Animal Industry for its issuance after complying with official requirements. SECTION 21. FEES. -?Fees and charges shall be collected from farmers, dealers and handlers involved in the local livestock industry based on tariff herein specified, to wit: 1. Yardage Fee (per head) ------------------------------------------- P 20.00 2. Registration Fee for Large Animals SECTION 22. BARANGAY COORDINATING CENTER.?- A Barangay Coordinating Center, hereinafter referred to as the Center in this Ordinance, shall be established in each barangays of Pagadian City to serve as the Market's Coordinating area at the barangay level. SECTION 23. FUNCTIONS. -?The Center shall facilitate, monitor and control the movement of livestock within the barangay by determining who are the farmers residing, operating and managing a livestock business within its jurisdictions, and when they are ready to sell. It shall arrange with the market a convenient hauling schedule when called for and initiate the gathering of livestock to be hauled in a single site within the barangay so designated. It shall also issue clearances which cover livestock trading for purposes other than slaughter. SECTION 24. COMPOSITION. -?Each Center shall be headed by the Barangay Captain as Chairman, with council members and officers, and presidents of cooperatives and livestock associations based in the barangay if they are any, as members. SECTION 25. BENEFITS. -?The Management shall work out a viable and reasonable remuneration scheme based on the volume of livestock originating from each barangay for active Center members to encourage participation and involvement in livestock marketing. ARTICLE VII - PROHIBITED ACTS SECTION 26.?- PROHIBITION. - The following acts are strictly prohibited, viz: 25.1. To conduct any trading activity involving all livestock, whether intended for slaughter or not, outside of the designated Market selling area; 25.2. To establish or set up private stockyard in any location of the city but outside of the market for the temporary quartering of livestock intended for trading or slaughter or any other related purposes; 25.3. To ship or transport any livestock, either from commercial or backyard farms, outside of Pagadian City without the necessary permit issued by the City Veterinarian. For this purpose, the City Veterinarian or his duly authorized representative shall first conduct physical inspection and examination of the livestock before the issuance of the shipping permit; SECTION 27. PENALTY. -?Any farmer, dealer or handler or any other individual engaged in livestock trading who violates any provision of this Ordinance shall be meted with the following penalties, to wit: First Offense - A fine of Five Hundred (P500.00) Pesos; Second Offense - A fine of not less than One Thousand (P1,000.00) Pesos but not more than Two Thousand (P2,000.00) Pesos; 3) Third Offense - A fine of not less than Two Thousand (P2,000.00) Pesos but not more than Three Thousand (P3,000.00), and cancellation of license in case the violator is a farmer or other individual. ARTICLE IX - FINAL PROVISIONS SECTION 28. TRANSITORY PROVISION. -?Upon establishment of the Market, there shall be grace period of one (1) year on shipper's fee, six (6) months of commission, and two (2) months on entrance and yardage fees to promote Market services, beginning from the first day of its operation. SECTION 29. IMPLEMENTING GUIDELINES.?- The City Mayor shall make all other necessary guidelines for the proper and effective implementation of this Ordinance by way of an Executive Order which shall be issued for the purpose. SECTION 30. SEPARABILITY CLAUSE.?- If any provision of this Ordinance or the application thereof to any person, barangay or circumstances is held invalid, the remainder of this Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 31. REPEALING CLAUSE.?- All ordinances, rules, order and regulations or parts thereof contrary to or inconsistent with any of the provisions of this Ordinance are hereby amended, modified and/or repealed accordingly. SECTION 32. EFFECTIVITY. -?This ordinance shall take effect fifteen (15) days after publication in a newspaper of general circulation in the City of Pagadian for three (3) consecutive weeks or after posting in two (2) conspicuous places within the City of Pagadian. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 11th Regular Session on 02 October 2019 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.