ORDINANCE NO: 2024-561 Sponsored by: Committee on Laws, Rules and Policy Formulation & Committee on Public Utilities, Transportation, Communications & Franchising "AN ORDINANCE PROMULGATING THE REVISED POLICIES AND GUIDELINES GOVERNING THE OPERATION OF ROAD CLEARING WITHIN THE TERRITORIAL JURISDICTION OF PAGADIAN CITY AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF" WHEREAS, consistent with the mandate to ensure public roads are safe, accessible and free from illegal structures and/or all forms of obstructions for the comfort and convenience of the general populace, the Department of the Interior and Local Government, in line with the directive of the President of the Republic of the Philippines during the 2019 State of the Nation Address, issued Memorandum Circular No. 2019-121 which, in gist, enjoined Local Government Units to clear roads of illegal structures and constructions; WHEREAS, given the foregoing directive and, in consideration of the need to promote the safety, security, comfort and convenience of the city populace, it is thus imperative for the City Government of Pagadian to institute appropriate measures that will help address the problem on illegal structures and constructions as well as all other encroachments within the city streets, roads, sidewalks, alleys and bridges; WHEREAS, this august body, in pursuance to the provisions of Republic Act No. 7160 particularly Item (v) and (vi), Sub-Paragraph (5), Paragraph (a) of Section 458, deems it cogently necessary to promulgate policies and guidelines governing the road clearing operation in the City of Pagadian; NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian in session duly assembled that: SECTION 1. Title. - This Ordinance shall be known and cited as the "Road Clearing Ordinance of Pagadian City." SECTION 2. Statement of Policy. - As a means to ensure an effective and efficient service to the general public and to facilitate a more safe, accessible and convenient use of all roads, it is hereby declared, as a matter of policy, that the City Government of Pagadian shall cause the clearing of all public roads as well as all other roads right-of-way from illegal structures and obstructions without prejudice to the property rights of affected stakeholders. SECTION 3. Purpose. - This Ordinance is enacted specifically to provide policies and guidelines in the conduct of Road Clearing Operation in the City of Pagadian. SECTION 4. Scope of Application. - The foregoing Ordinance shall be applicable to all persons, whether natural or juridical, as well as public entities to include its officers and/or employees thereof. SECTION 5. Definition of Terms. - For the purpose of this Ordinance, the following terms shall be construed as follows: Public Roads - means all streets, roads, bridges, highways and other thoroughfares constructed and maintained by the national government or by any local government unit; provided that any road or sidewalk not falling under this definition but which, upon determination by the Local Government Unit of Pagadian City, is deemed vital to pedestrian access or safety, shall be deemed a public road or sidewalk for the purpose of this Ordinance; Sidewalk Obstruction - means any structure, whether permanent or temporary, immovable or movable, erected along, standing on, adjoining or in any manner impeding safe and convenient passage through any public road or sidewalk; the conduct of business by sidewalk vendors; and any belonging or thing found therein, which shall all be deemed nuisance per se and treated as trash, subject to summary abatement and/or disposal, as provided for under this Ordinance. Provided, that the property of the government, including official road signs and structures erected and installed, for the purpose of regulating the flow of traffic, shall not be considered as such; Sidewalk Vendor - means any who sells or offers for sale any consumer products, whether agricultural or manufactured, cooked foods and/or dry goods, items or articles, including any persons who attends to these products intended to be sold at any temporary location, sidewalk, alley, vacant space or portion thereof; Road Clearing - refers to set of intervention by the Local Government Units intended to cause the removal of roads and/or sidewalk's obstruction, including but not limited to, the enactment of enabling ordinances, conduct of road inventories, physical removal of road obstruction without prejudice to the property rights of the affected stakeholders, drafting and implementation of displacement plans, rehabilitation and maintenance of cleared roads, and creation of grievance mechanism as defined and provided for in the Memorandum Circular No. 2020-027. Road clearing also refers to the removal of illegal or unauthorized road obstruction along the road right-of-way, which encompasses the entire width of the road carriageway (including travel way for motor vehicles and road shoulders) and sidewalks. The widening of the scope of the existing road right-of-way and activities undertaken for such purpose are beyond the scope of the directive. SECTION 6. Creation of City Road Clearing Task Force. - For an effective and efficient implementation of the policies and guidelines governing the operation of city road clearing, there shall be created the City Road Clearing Task Force, with the following compositions, to wit: Chairman : City Engineer Vice Chairman : City Administrator Members : City Disaster Risk Reduction & Management Officer City General Services Officer City Planning and Development Coordinator City Local Government Operations Officer-DILG Chief of Police-Pagadian City Police Station City Fire Marshall-Bureau of Fire Protection The City Mayor shall exercise general supervision over the Task Force. SECTION 7. Duties, Functions and Responsibilities of the City Road Clearing Task Force. - The City Road Clearing Task Force shall assist the City Mayor in performing the following duties, functions and responsibilities, to wit: To coordinate with the Sangguniang Panlungsod in the enactment and/or review of existing Ordinances that provide the conduct of road clearing operations, and the prohibition of road obstructing structures and constructions, provide clear definition of obstructions and illegal structures, initiate mechanisms for raising public awareness on road clearing, and recommend reasonable penalties for violators; To conduct an inventory of city roads which shall include road classification, determination of road measurements, and identification and documentation of obstructed roads and natures of obstructions; To implement road clearing by removing illegal structures and obstruction within the national highway, city roads, bridges, and all other thoroughfares, in coordination with the Department of Public Works and Highways, or any national government agency that manages and/or maintains the concerned national road; To implement a displacement strategy for those affected by the conduct of road clearing operations, such as removed vehicles and vendors, which may include designation of unused spaces for their relocation, provision of alternative livelihood for vendors, and other similar efforts; To rehabilitate cleared city roads, bridges as well as all other thoroughfares and restore these for public use, through cleaning, flushing and installing of street light, and erecting appropriate speed limits and the like; To coordinate with the Validating Team in the conduct of validation, prepare and submit the mode of verification to the Validating Team; and To perform other functions as may be directed by the City Mayor or as may be requested by the Validating Officer. SECTION 8. Prohibited Acts or Activities on the Roads Right-of-Way, Avenues, Alleys, Bridges, Sidewalks and All Other Similar Public Places. - The following acts or activities are deemed prohibited, to include those constructions and/or obstructions considered and defined under this Ordinance as illegal, on any public roads, streets, avenues, alleys, bridges, sidewalks and all other similar public places in the City of Pagadian. Such prohibited acts shall include, but not limited to, the following, viz: Selling or vending of foods, magazines, newspapers, cigarettes, brooms, watches or jewelries, compact disk and compact disk players, cellular phones and accessories, shoes, slippers and other foot wares and other analogous items; Conduct of religious activities such as preaching and seeking alms; Washing of clothes, hanging and drying of clothes as well as bathing; Vehicle garage or vehicle repair including the conduct of car washing and other related businesses; Dumping of garbage and littering; Setting up of basketball court/goal and other sports related activities; Establishment/installation of pens or cages of animals or keeping animals on leash; Storing soft drinks or wine/liquor bottles and cases, drinking liquor and beverages and holding picnics/parties/gatherings; Storing/placement of construction materials, such as sand and gravel, cement, lumber and steel bars, earth spoils, waste materials, debris, embankments, heaps and the like; Use for drying of palay, corn and other agricultural crops; Storing of junks and other recyclable materials; Storing of construction materials for sale such as pipes, tubing, lumber, cement and the like; House extension or stall/store extension, boarding house including installation of roofs and awnings; Installation of permanent or picket fence/gate; Use of sidewalks for plants, trees and plant boxes; Installation of signs or sign boards, on or above sidewalks and detached from the business establishment, without valid permit; Other structures that impede traffic and obstruct pedestrian from using sidewalks, streets, avenues, alleys, bridges, parks and other public places; Obstructing or hazardous trees may be pruned or removed by the City Government in accordance with the rules imposed by the DENR; For structures and facilities owned by utility service provider such as, but not limited to, post, meters instrumentation boxes and the like that cause obstruction to the road right-of-way, due coordination shall be made by the concerned utility company and the LGU to remove or relocate the obstructing structures or facilities which shall not cause disruption of the delivery of utility and other basic services. And for material, equipment and structures temporarily obstructing the road right-of-way due to undertaking of a project by the national government agencies, the LGU may coordinate with the concerned agency to relocate the obstruction or agree on a time table for its removal. SECTION 9. Existing Permanent Roofs on Sidewalks. - All existing permanent roofs or covering on sidewalks and detached from buildings shall be removed. Retention of the existing permanent roofs on sidewalks may be allowed, provided that there is a permit secured from the office of the City Mayor. SECTION 10. Obstruction as Nuisance Per Se. - All prohibited acts or activities conducted along public roads, avenues, alleys, bridges, sidewalks and all other similar public places are hereby declared nuisance per se and illegal, subject to summary abatement. Furthermore, all sidewalks obstructions, including belongings and things found therein, whether of value or not, shall be presumed or treated as trash, subject to forfeiture and disposal without need of judicial proceedings. SECTION 11. Summary Abatement, Forfeiture and Disposal of Sidewalk Obstructions. - The City Government of Pagadian through the City Road Clearing Task Force and its enforcers as well as all the component barangays are hereby authorized to summarily abate, forfeit and dispose any obstruction found within their respective territorial jurisdiction. Provided that, enforcers of the Local Government Unit and the barangay tanods shall be free from any liability, arising from the lawful forfeiture and disposal of sidewalk obstructions, as prescribed herein. Provided, further, that all the cost, related to the above-mentioned forfeiture and disposal, shall be charged at the expense of the violator of this Ordinance. Along with this, it shall be understood that the Honorable City Mayor is hereby authorized to donate the confiscated items to the Pagadian City Police Station, the City Social Welfare and Development Office and/or the Bureau of Jail Management and Penology of Pagadian City. SECTION 12. Temporary Use of Sidewalks and Streets; Authority to Grant Permit. - During local special occasions such as, but not limited to, City Fiesta and other similar gatherings as well as for civic or charitable purposes, the City Mayor may issue permit for the temporary use of sidewalks and streets of the city. Provided that the specific portion or portions of the sidewalks or streets which may be utilized is clearly specified in the permit as well as the specific period of the use, after payment of the necessary fees in accordance with the Revised Revenue Code of Pagadian City. SECTION 13. Administrative Fine/Compromise Penalty- (a) Any person, corporation or entity found violating the provision under Section 8 shall be issued a Notice of Violation and subjected to an administrative fine/compromise penalty of Two Thousand Pesos (P2,000.00) which shall be paid to the City Treasurer's Office within (7) days from apprehension or issuance of notice of violation and confiscation of the items which shall be disposed of upon the discretion of the City Mayor through donation after the conduct of inventory and documentation for evidentiary purposes purporting such items, materials goods or other things are the subject of the obstruction that were demolished/confiscated. In case of failure or refusal to pay the administrative fine or compromise penalty within the 7-day period, the matter shall be referred to the City Legal Officer for filing for an appropriate complaint for violation of this Ordinance. (b) For those illegally parked vehicles and eventually towed for illegal parking, the owner or operator of such vehicle shall be penalized under City Ordinance No. 2018-400 otherwise known as the Road Network and Transportation Management Code of Pagadian City.: (c) For those considered perishable goods/items which were confiscated during the demolition period, the said perishable goods/items shall be disposed of upon the discretion of the City Mayor through donation after the conduct of inventory and documentation for evidentiary purposes purporting such perishable items or goods are the subject of the obstruction that were demolished/confiscated. SECTION 14. Penal provision. - Any person, corporation or entity found guilty of violation of the provisions of Section 8 of this Ordinance shall be punished with a fine of not more than Five Thousand Pesos (P5,000.00) or imprisonment of not less than thirty (30) days but not more than one (1) year, or both at the discretion of the court. SECTION 15. Creation of Grievance Committee. - To effectively and efficiently implement this Ordinance, there is hereby created a Grievance Committee who shall be responsible in receiving and recording any report or complaint suggestions and recommendations, either physically or electronically, on matters relating to illegal structures and/or obstructions as a mechanism support. The Committee shall be composed of the following: Chairman : The Building Official Vice Chairman : City Engineer Members : City Administrator : City Disaster Risk Reduction & Management Officer (CDRRMO) : City General Services Officer : City Traffic Management Office : Chief of Police - Pagadian City Police Station SECTION 16. Creation Of Public Awareness. - The City Task Force on Road Clearing shall create and develop a public awareness on Road Clearing Operations through regular radio program, social media, and other platform of creating public awareness to ensure that the people are well informed of the Activities on the Road Clearing and those affected can air their concerns. SECTION 17. Repealing Clause. - City Ordinance No. 2021-467 is hereby revised as well as local issuances or rules inconsistent with the provisions of this Ordinance. SECTION 18. Separability Clause. - If any provision or part of this Ordinance is declared invalid by a competent Court, other provision or part thereof not affected shall continue to be in full force and effect. SECTION 19. Effectivity Clause. - This ordinance shall take effect after publication of three (3) consecutive weeks in a newspaper of general circulation in the City of Pagadian and after twenty-one (21) days from posting in at least two (2) conspicuous places of the city. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 66th Regular Session on 21 February 2024 at the SP Session Hall, 4th Floor, City Commercial Center, Barangay Santiago, Pagadian City.