ORDINANCE NO: 2024-597 Sponsored by: Honorable Jesus B. Bajamunde, Jr. "AN ORDINANCE ESTABLISHING THE OPERATION OF UKAY-UKAY DRY GOODS NIGHT MARKET IN THE CITY OF PAGADIAN AND PROVIDING REGULATIONS THEREOF" WHEREAS, Article 10, Section 5 of the Philippine Constitution states that each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments; WHEREAS, Section 21 (d) of R.A. No. 7160, otherwise known as the Local Government Code of 1991, provides that any city, municipality, or Barangay may, by a duly enacted local ordinance, temporarily close and regulate the use of any street, road, thoroughfare or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuff, commodities or articles of commerce may be sold and dispensed to the general public; WHEREAS, per data of the Department of Trade and Industry (DTI), micro, small and medium enterprises (MSMEs) contributed almost 66.97% of the total jobs generated by all types of business establishments in 2023. MSMEs also accounted for about 99.63% of the registered businesses in the country; WHEREAS, the establishment of a Night Market is a possible avenue for MSMEs substantial exposure to the market. This is through situating the Night Market in a heavily-populated location which will potentially give them significant opportunities to sell their products more easily and profitably; WHEREAS, it is also practical for local residents and visitors to buy their necessities after working hours for their convenience; NOW, THEREFORE, be it ordained by the 14th City Council of Pagadian, in session assembled, that: SECTION 1. TITLE. This Ordinance shall be known as the "NIGHT MARKET ORDINANCE OF PAGADIAN CITY." SECTION 2. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall be construed as follows: AMBULANT refers to a person who sells goods and products, either daily or occasionally, by occupying a designated vending space, with or without the use of booths, within the Night Market premises; NIGHT MARKET refers to a place wherein dry commodities are being sold by vendors or ambulant with minimum required facilities and permitted to operate during night time under this Ordinance; NIGHT MARKET STALLS refer jointly to stalls, booths, spaces, and/or any vending places to be designated by the City Economic Enterprise Division (CEED); STALLHOLDER refers to any duly-licensed person who have been granted by the City of Pagadian, through CEED, the privilege to put-up stalls and occupy the spaces by displaying and selling dry goods and other commodities in compliance with the Night Market's rules and regulations; COLLECTORS refer to City Revenue Collectors who are tasked to collect fees and issue the corresponding receipts to occupants of the night market; DRY GOODS refers to all kinds of textile and ready-to-wear clothes, footwear, mats, native products, toiletries, kitchenware, utensils, household articles, school supplies, office supplies, preserved goods and the like; SECURITY OFFICERS refers to the policemen, public safety officers and barangay tanods assigned to maintain peace and order in the market area; NIGHT MARKET SUPERVISORS refer to personnel assigned by City Economic Enterprise Office, who shall implement the distribution of the space to the occupant, ensure that fees are duly and promptly collected, monitor that sanitation are well-maintained in the areas and that regulations are strictly enforced and observed; DESIGNATED NIGHT MARKET PLACE refers to officially declared portions of roads legally and temporarily closed for the purpose of accommodating the night market project of the City Government of Pagadian City. Location can be expanded relocated or transferred by the Local Government as the need arises; VENDOR refers to a person, other than an ambulant, who is duly-licensed to display and offer for sale legally-sourced goods, commodities, consumable items under a privilege to put-up and occupy a designated space temporarily within the market premises. SECTION 3. DESIGNATED AREA AND THE SPECIFIC PERIOD OF OPERATION OF THE NIGHT MARKET. The Pagadian City Night Market shall be located along Mayor Warlito E. Pulmones Street from the corner of F.S. Pajares Avenue up to the corner of Gov. Serapio J. Datoc Street. It shall commence for a specific period from December 5, 2024 to January 21, 2025 which shall start from 6:00 o'clock in the evening up to 3:00 o'clock the following morning. SECTION 4. NIGHT MARKET STALLHOLDERS. Privilege must be given to any voting resident of the City of Pagadian. Applicant shall be qualified to sell in the night market, provided, however, that his or her application must be duly approved first by the City Government. SECTION 6. ELIGIBILITY OF STALLHOLDERS. Any person who possesses the following qualifications shall be eligible to put-up and occupy any space in the Night Market: Must be a bonafide resident of the City; Must be of legal age; Must be a registered voter; Must be physically and psychologically fit; and Must have not been convicted of any crime in any court of law. SECTION 7. RENTAL FEES. There shall be a rental fee of One Hundred (P100.00) Pesos per stall per night. SECTION 8. COLLECTION OF RENTAL FEES. The rental fee must be paid daily before the closing time of the night market. The City Treasurer's Office shall assign deputized Night Market Supervisor(s) to collect the payment and issue corresponding receipts. Failure to pay the rental fee before the specified time shall be considered a ground for the cancellation of his/her eligibility to further conduct business thereat. SECTION 9. MAXIMUM AREA FOR OCCUPANCY. Each occupant shall only be allowed to rent a maximum of 3 x 3 square meters. SECTION 10. INSTALLATION OF STRUCTURES, PARAPHERNALIA, DISPLAY OF GOODS AND ITS REMOVAL. Stallholders must occupy and install their own structures, stalls, and paraphernalia in the designated area; 10.1 KIND OF MATERIALS. Only light structures and materials which could be easily folded, lifted and removed should be installed since the stay of the occupants is limited and temporary; 10.2 TIME OF INSTALLATION/DISMANTLING. The installation and dismantling of structures/tents shall be in accordance with the following time table, viz: 6:00 PM to 7:00 PM - Installation of 3mx3m Collapsible Structures/Tents; 7:00 PM to 12:00 MN - Commencement of Business Activities; 12:00 MN to 2:00 AM - Dismantling of collapsible structures/tents to restore the roadway ensuring full accessibility up to 6:00 PM; 10.3 REMOVAL. All structures, materials, paraphernalia and goods displayed must be removed and cleared completely on or before closing time. No structures, paraphernalia and goods shall be displayed earlier than 30 minutes before opening time. No structures, paraphernalia, and goods shall be left within the allowed market site and/or along any streets, roads, right of ways and to any other government areas. 10.4 TENTS AND LIGHTS. Stallholders shall provide for their own tents and sources of lights during their stay in the Night Market. SECTION 11. SANITATION. Stallholders are responsible for the sanitation of their premises. 11.1 Stallholders are obliged to place their liquid waste in disposable container properly kept at the side of the gutter of the road, its top opening tied or sealed to avoid scattering or spillage; 11.2 Stallholders must maintain cleanliness and should refrain from littering. 11.3 No solid waste shall be discharged to any drainage canals. 11.4 For convenient collection by garbage trucks, occupants are hereby obliged to observe proper segregation of solid waste and to place their garbage in separate disposable containers, properly labeled either "biodegradable" or "non-biodegradable" and orderly kept at the side of the gutter of the road with their top openings tied or sealed to avoid scattering or spillage. SECTION 12. DRYNESS OF THE AREA. To avoid foul odor and untidy surroundings, stallholders must maintain dryness of their respective areas. SECTION 13. - PEACE AND ORDER. While it is understood that stallholders are to avoid unruly behavior, the assistance of the City Government of Pagadian and the members of the Philippine National Police shall be called whenever necessary; 13.1 In case of emergency or fire conflagration near the vicinity of the night market area, the night market supervisor(s) shall inform the occupants of such incidents and advise the latter to automatically remove or, if needed, abandon their structures and valuables and hastily clear the road for the passage of firefighting units. SECTION 14. TEMPORARY CLOSURE OF ROAD. To ensure an effective and efficient implementation of the foregoing Ordinance, the portion of Mayor Warlito E. Pulmones Street from the corner of F.S. Pajares Avenue up to the corner of Gov. Serapio J. Datoc Street shall be temporarily closed from 6:00 PM to 3:00 AM. SECTION 15. TRANSITORY PROVISION. - It shall be understood that this Ordinance shall automatically be rendered inoperative and ineffective on January 22, 2025. SECTION 16. REPEALING CLAUSE. All ordinances, rules, orders and regulations or parts thereof contrary to or inconsistent with any of the provisions of this ordinance are hereby repealed. SECTION 17. SEPARABILITY CLAUSE. If any provision of this ordinance or the application thereon to any persons or circumstances is held invalid, the remainder of this ordinance, and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 18. EFFECTIVITY CLAUSE. This ordinance shall take effect in full and immediately upon its approval, consistent with the provisions of the Local Government Code. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 100th Regular Session held on 04 December 2024 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City.