ORDINANCE NO: 2020-453
Co-Authored by: Honorable Fernando Y. Pameron and Honorable Ronald Christopher Glenn L. Ariosa
"AN ORDINANCE REGULATING THE OPERATIONS OF PEDDLING, SOLICITING, AND ITINERANT MERCHANTS IN THE CITY OF PAGADIAN"
WHEREAS, Sec. 16 of RA 7160 provides that Local Government Units shall exercise powers for the promotion of general welfare, preserve and promote health and safety of their constituents, maintain peace and order, and preserve the comfort and convenience of their inhabitants;
WHEREAS, it has been observed that many peddlers, solicitors, and/or itinerant merchants are now operating in the City of Pagadian without having the necessary permit and/or clearances to operate--which operation is perceived to have contributed to the congestion of traffic of motor vehicles in all thoroughfares of the city aside from posing security threats and uncertainties from the residents of the different barangays of the city;
WHEREAS, as a measure to ensure free flow of traffic without attending to any obstructions and to assuage and/or mitigate the apprehension of the city's constituents, it is therefore necessary to formulate a necessary regulation relative to the operation of peddling, soliciting and itinerant merchants within the territorial jurisdiction of the City of Pagadian;
NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (13th City Council) in session assembled that:
SECTION 1. - Title. - This Ordinance shall be known as "PEDDLING, SOLICITING, AND ITINERANT MERCHANT REGULATION ORDINANCE OF 2020"
SECTION 2 - Definition of Terms. - For purposes of this Ordinance, the following terms shall mean:
PEDDLING - means any operation that may engage in the retail or sale of goods or merchandise moving from place to place, house to house, transporting items for sale whether by foot, cart, vehicle, or mobile platforms.
SOLICITING - means requesting assistance or services, offering goods and services, and or taking orders for sale of goods for future delivery.
ITINERANT MERCHANT - means any person who engages in a temporary business for the sale of goods, merchandise for less than six (6) consecutive months at a single location, whether such person proposes to conduct such business from a truck, cart, vehicle or mobile platform, or rent/lease building, room or any structure for the purpose of delivering or selling of goods and merchandise.
SECTION 3 - Regulations. - For purposes of this Ordinance, the following regulations shall govern the operation of peddling, soliciting and itinerant merchants in the City of Pagadian, to wit:
No person shall be allowed to conduct peddling, soliciting and/or operate as itinerant merchant within the jurisdiction of the City of Pagadian without securing a "Peddlers, Solicitors and/or Itinerant Merchant Permit" from the Office of the City Mayor;
The time of operation for the conduct of peddling, soliciting and itinerant merchants shall be clearly prescribed in the "Permit" to be issued by the Office of the City Mayor;
The items of goods, services rendered, and/or purposes of the peddlers, solicitors, and itinerant merchants shall be clearly written in the approved "Permit;"
Peddlers and itinerant merchants shall not be allowed to operate using sidewalks, alleys and streets;
Peddlers and itinerant merchants shall not be allowed to display goods, merchandise or sell items and products similar to distinct city established display centers such as fruit stand, lechon centers and the like.
SECTION 4 - Administrative Penalty. - Any person or persons violating the provision of this Ordinance shall be meted with the following administrative penalties, to wit:
4.1 First Offense - Warning/Reprimand
4.2 Second Offense - A fine of One Thousand (P1,000.00) Pesos and confiscation of items in favor to the City Government of Pagadian.
4.3 Third Offense and
Succeeding Offenses - A fine of Two Thousand (P2,000.00) Pesos and confiscation of items in favor to the City Government of Pagadian plus cancellation of the "Peddlers, Solicitors or Itinerant Merchant Permit."
SECTION 5 - Repealing Clause. - Any existing or previous ordinances inconsistent with the provisions of this Ordinance shall be deemed amended, repealed or modified accordingly.
SECTION 6 - Effectivity. - This Ordinance shall take effect immediately after its approval and publication or posting in two (2) conspicuous public places of Pagadian City.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 56th Regular Session on 21 October 2020 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.