ORDINANCE NO: 2019-434
(Sponsored by: Honorable Fernando Y. Pameron)
"AN ORDINANCE PROHIBITING THE SELLING AND DRINKING OF ALCOHOLIC LIQUOR AND OTHER INTOXICATING BEVERAGES IN ALL PUBLIC PLAZAS, PARKS, ROADS, SIDEWALKS AND ALLEYS WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF PAGADIAN AND PROVIDING PENALTY FOR VIOLATION THEREOF"
WHEREAS, Section 458, paragraph (1) (v) of RA 7160 states that the Sangguniang Panlungsod shall "Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places...",
WHEREAS, it has been observed that public plazas, parks, roads, sidewalks and alleys of the City are being used as venue for liquor drinking sessions and sprees which are not only unsightly and offensive against public decency but, in some cases, instigate altercations;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian City, in session assembled, that:
SECTION 1. - Title. -This Ordinance shall be known as "An Ordinance Prohibiting the Selling and Drinking of Alcoholic Liquor and Other Intoxicating Beverages in all Public Plaza, Parks, Roads, Sidewalks and alleys within the territorial jurisdiction of the City of Pagadian and Providing Penalty for Violation thereof."
SECTION 2. - Definition of Term. - For purposes of this Ordinance, the term Alcoholic Liquor shall be construed to refer to spirituous or intoxicating liquors of any kind which includes whiskey, ale, beer, brandy, gin, rum, champagne, basi, tuba, Mallorca, or any beverages liable to produce intoxication.
SECTION 3. - General Prohibition. - The following acts and/or undertakings are strictly prohibited in all public plazas, parks roads, sidewalks and alleys within the territorial jurisdiction of Pagadian City to include all its barangays, except on official functions or occasions duly authorized, sanctioned or approved by the Barangay Council concerned or the City Council and/or covered by a permit issued thereof by the Office of the Punong Barangay or the City Mayor, viz:
For any person or persons to drink alcoholic liquor and other intoxicating beverages as defined in Section 2 hereof;
For all owners/proprietors/operators of business establishment to sell and/or serve any intoxicating liquors and other intoxicating beverages to any customer who is a minor (17 years old and below).
SECTION 4. - Exemption. - During Special Occasions or Celebrations, the City Mayor or the Punong Barangay may, through the issuance of necessary permit, grant exemption to the prohibition stipulated in the next preceding provision, subject to the following conditions, to wit:
That the request for exemption must be in writing and must be made at least five (5) days before the scheduled event;
That the Honorable City Mayor or the Punong Barangay or their respective authorized representatives, upon receipt of the request for exemption, and after careful perusal and evaluation, shall immediately issue the required permit for the purpose.
SECTION 5. - Penalty. - Any person/persons found violating Section 3 of this Ordinance, shall be meted with the penalty of imprisonment of not less than One (1) Month and Ten (10) Days but not more than Four (4) Months or a fine of not less than Five Hundred (P500.00) Pesos but not more than One Thousand Five Hundred (P1,500.00) Pesos, or both imprisonment and fine at the discretion of the Court.
SECTION 6. - Separability Clause. - If, for any reason, any portion or provision, section or part of this Ordinance is declared invalid by a Court of competent jurisdiction or suspended or revoked by the Sanggunian, such judgment shall not affect or impair the remaining portions, provisions, sections, or parts hereof which shall remain or continue to be in full force and effect.
SECTION 7. - Repealing Clause. - Any portion or part of previous Ordinance inconsistent with the provisions of this Ordinance is hereby modified, amended or repealed accordingly.
SECTION 8. - Effectivity. - This Ordinance shall take effect fifteen (15) days after its publication for three (3) consecutives weeks in a newspaper of general circulation in Pagadian City.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 20th Regular Session on 11 December 2019 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.