ORDINANCE NO: 2019-430 Sponsored by: Honorable Sam Tyra F. Co "AN ORDINANCE ESTABLISHING REGULATION GOVERNING THE OPERATION OF INTERNET SERVICE SITE, JOINTS, CAFES, STATIONS, CENTER OR ANY SIMILAR BUSINESS ENTITIES WITHIN THE TERRITORIAL JURISDICTION OF PAGADIAN CITY BY PROHIBITING PERSONS SEVENTEEN (17) YEARS OLD AND BELOW AND/OR HIGH SCHOOL AND ELEMENTARY STUDENTS, TO USE/OPERATE ITS COMPUTER UNITS DURING SCHOOL HOURS FROM MONDAY TO FRIDAY" WHEREAS, observation has it that Pagadian City-given its vibrant economic atmosphere-is now overwhelmed by the influx of Internet Service Provider which provides instant access to all kinds of information around the world; WHEREAS, while this body has assented on the importance of such modern technology which have offered unprecedented instant access to world-class information, however-the growing number of internet service sites in different parts of the city, it tolerated and remain unregulated, will continue to pose as a distraction and/or threat to pupils and students towards achieving their goals of excelling and/or completing their elementary or secondary education; WHEREAS, it cannot be denied that a significant number of high school and elementary students and/or minors with ages below seventeen (17) years old of Pagadian City are now captivated and infatuated with the aforesaid high-end plaything, which is considered as contributory factor for students, especially those belonging to the secondary level, to skip their classes just to surf or browse the internet; WHEREAS, there is a need to strengthen the policy with regard to the access of minors in internet service sites and to tap all Barangay Government Units of the city to ensure the efficient and effective implementation of this Ordinance; Be it ORDAINED by the Sangguniang Panlungsod in session duly assembled, that: SECTION 1. Title. - This Ordinance shall be known and cited as "An Ordinance Establishing Regulation Governing The Operation Of Internet Service Site, Joints, Cafes, Stations, Center Or Any Similar Business Entities Within The Territorial Jurisdiction Of Pagadian City By Prohibiting Persons Seventeen (17) Years Old And Below And/Or High School And Elementary Students, To Use/Operate Its Computer Units During School Hours From Monday To Friday." SECTION 2. Prohibition. - It shall be unlawful for any owner/operator of internet service sites, joints cafes, stations, centers or similar business entities within the territorial jurisdiction of Pagadian City to allow persons, seventeen (17) years old and below and or High School and Elementary Students, to use/operate its computer units during school hours from Monday to Friday. SECTION 3. - Definitions. - For purposes of this Ordinance, the following words or phrases shall be construed to mean, as follows: INTERNET SERVICE - refers to any computer-based communication and information technology sites, joints, cafes, stations, centers or similar business entities that provides mail and other related services; SCHOOL DAYS - from 7:00 A.M. to 11:00 A.M. and 1:00 P.M. to 4:00 P.M., from Monday to Friday excluding school holidays and summer classes; INTERNET SERVICE SITES - refers to any computer-based communication and information technology sites, joints, cafes, stations, center or similar business entities that provide mail and other related services which have at least two (2) or more computer units, operating and accessible to all of its probable users, customers and/or clients. SECTION 5. Information Dissemination. - Every barangay of the City of Pagadian shall be furnished a copy of this Ordinance for strict implementation and application of the foregoing policy within their respective area of jurisdiction. SECTION 6. Penalty. - (A) Violation on the part of owners or operators of computer-based internet service sites, joints, cafes, stations, centers or similar business entities shall subject the internet service owner operator to the following penalties, to wit: a. First Violation - P2,000.00 Fine b. Second Violation - P3,500.00 Fine c. Third Violation - P5,000.00 Fine and/or revocation of Business License or permit (B) Violation on the part of the minors shall be meted with the following penalties, to wit: First Violation - Two (2) hours of community service to be imposed by the apprehending barangay; Second Violation - Four (4) hours of community service to be imposed by the apprehending barangay; Third Violation - Six (6) hours community service to be imposed by the apprehending barangay and counseling from the City Social Welfare and Development Office if such minor is an out-of-school youth or from the School Guidance Counselor and/or the Committee on Child Protection by the DepEd, if such minor is an elementary or high school student. SECTION 7. Share of the Fines Collected. - All fines collected out of the violations committed against the provisions of this Ordinance shall be equally distributed, as follows: Sixty Percent (60%) of the fines shall be remitted to the City Government which amount collected shall be used and expended exclusively for activities relating to youth welfare and development; and Forty Percent (40%) of the fines collected shall accrue as incentives to the apprehending barangay. SECTION 8. Saving Clause. - Should any part of this ordinance be declared invalid or unconstitutional, the other parts not so declared shall remain in force and effect. SECTION 9. Repealing Clause. - Any other ordinance or parts thereof inconsistent herewith are hereby repealed or modified accordingly. SECTION 10. Effectivity. - This Ordinance shall take effect fifteen (15) days after its approval in accordance with law. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 17th Regular Session on 20 November 2019 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.