CITY ORDINANCE NO. 2025-610 Authored by: Honorable Ronald Christopher Glenn L. Ariosa "AN ORDINANCE PRESCRIBING REGULATIONS IN ADDRESSING AND ABATING NUISANCES INCLUDING NOISE POLLUTION IN THE CITY OF PAGADIAN" WHEREAS, Chapter 2, Section 8, Article 682 of the Civil Code of the Philippines prohibits property owners from committing nuisance through jarring noise, offensive odor, smoke, heat, dust, water, glare, and other causes; WHEREAS, Section 16 (General Welfare) of R.A. No. 7160, otherwise known as the Local Government Code of 1991, mandates that every local government unit shall exercise the powers expressly granted, those necessary implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare; WHEREAS, the Department of the Interior and Local Government (DILG) issued a memorandum dated January 21, 2025 directing all Local Government Units (LGUs) to enact Ordinances that regulate and address noise pollution within their jurisdiction. Furthermore, LGUs are also encouraged to ensure judicious enforcement of anti-noise policies; WHEREAS, nuisances also include noise pollution, use of excessive auxiliary lights, and improper dumping of noxious matter are some prevalent concerns both in residential and commercial areas, especially in urban and suburban settings; WHEREAS, notwithstanding the number of Ordinances previously crafted to address the abovementioned prevalent issues, further regulation and urgent measures are necessary to address and ensure judicious enforcement of anti-nuisance policies in the City of Pagadian; WHEREAS, it is incumbent upon the Sangguniang Panlungsod of Pagadian to enact an Ordinance for the protection of its citizen's rights to health and peaceful living; NOW, THEREFORE, be it ordained by the 15th City Council of Pagadian, in session assembled, that: SECTION 1. TITLE. This Ordinance shall be known as the "ANTI-NUISANCE ORDINANCE OF PAGADIAN CITY." SECTION 2. ADOPTED ORDINANCES. The following are the Ordinances adopted herein, to wit: City Ordinance No. 2018-411- "An Ordinance Prescribing Regulations on the Operation of Establishments for Audio and/or Video Presentations or Entertainment and those Utilizing Videoke Equipment and Imposing Penalties for Violation of Any of the Provisions Hereof"; CITY ORDINANCE NO. 2018-413- "An Ordinance Setting a Regulation Governing the Construction and Installation of Poles and Overhead Lines of Power/Electric Lines, Telecommunications Cable and the Like Along Major Thoroughfares and Suburbs within the Territorial Jurisdiction of the City of Pagadian"; SECTION 3. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall be construed as follows: AUXILIARY LIGHTS- refers to lights that supplement a vehicle's main headlights, improving visibility during nighttime driving and inclement weather; DECIBEL (dB)- a relative unit of measurement used to measure the relative intensities of sound. It ranges from the threshold of hearing to 0dB threshold of pain; ENTERTAINMENT CLUBS/BARS- refers to places where audio-visual systems are set for musical accompaniment. These include places that serve as venue for performances of live bands, guest performers, parties, and other live acts; LED LIGHTS- refers to lights that use light-emitting diodes (LEDs) to produce light, offering advantages like energy efficiency, longer lifespan, and brighter illumination compared to traditional halogen bulbs; MODIFIED TAILPIPES/MUFFLERS- an alteration, replacement, modification, or removal of the original tailpipe, muffler, or silencer of motorcycles and tricycles including cars and other motor vehicles; NOISE- refers to "unwanted and undesirable sound" generated by tailpipes or modified mufflers of motorcycles, tricycles, cars, and motor vehicles. Excessive sounds generated by any agricultural and industrial machineries shall also be included. It shall further include excessive, inappropriate, loud sounds coming from karaoke/videoke machines, stereos, components, and sound amplifying device/equipment; NOISE POLLUTION- any form of excessive and offensive noise that may disrupt daily activities or intrudes the balance of human or animal life; NUISANCE- refers to any act, omission, establishment, business, condition of property, or anything else which (1) injures or endangers the health or safety of others; or (2) annoys or offends the senses; or (3) shocks, defies, or disregards decency or morality; or (4) obstructs or interferes with the free passage of any public highway or street, or any body of water; or (5) hinders or impairs the use of property; NUISANCE PER SE- refers to one which affects the immediate safety of persons and property, and may be summarily abated under the undefined law of necessity; NUISANCE PER ACCIDENS- refers to one which depends upon certain conditions and circumstances, and its existence being a question of fact. It cannot be abated without due hearing thereon in a tribunal authorized to decide whether such nuisance be abated; PUBLIC NUISANCE- refers to any nuisance which affects a community or neighborhood or any considerable number of persons, although the extent of annoyance, danger or damage upon individuals may be unequal; PRIVATE NUISANCE- refers to a nuisance not covered by the foregoing definition and which violates only private rights and produces damages to but one or a few persons; SOUND AMPLIFYING DEVICE/EQUIPMENT- refers to any machine or device used to amplify human voice, music, or any sound; VIDEOKE/KARAOKE MACHINE- refers to a device that allows people to sing along to pre-recorded instrumental versions of songs by displaying the lyrics on a screen; SECTION 4. TYPES OF NUISANCES. These types of nuisances, as stated under Chapter XXII, Section 125 of the Sanitation Code (City Ordinance No. 2023-549), are also considered and adopted as definition of nuisance in this Ordinance: CHAPTER XXII NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS SECTION 125. Types of Nuisances - Public or private premises maintained and used in a manner injurious to health; Breeding places and harborages of vermin; Animals and their carcasses which are injurious to health; Accumulation of refuse; Noxious matter or waste water discharged improperly in streets; Animals stockage maintained in a manner injurious to health; Excessive noise; and Illegal shanties in public or private properties; SECTION 5. ANTI-NUISANCE DEPARTMENTS. The following departments and offices of the City of Pagadian shall be directly responsible in abating, and/or take appropriate action in the abatement of nuisance including summary abatement of nuisance per se as defined herein. ENVIRONMENT AND NATURAL RESOURCES OFFICE (ENRO)- This office shall be the primary office assigned in abating nuisances that affect the environment; CITY HEALTH OFFICE (CHO)- This office shall be the primary office assigned in abating nuisances that in any manner be injurious to health; OFFICE OF THE BUILDING OFFICIAL (OBO)- This office is assigned in abating nuisances in relation to buildings or structures posing an imminent life safety hazard, posting premises as unsafe, securing a certain area, and assessment for demolitions; CITY ENGINEERS OFFICE (CEO)- This office is assigned in abating nuisances on the structures under its control and supervision which are but not limited to roads, canals, and building pipelines; ROAD CLEARING TASK FORCE- This office governs abatement of nuisances such as road obstructions and other nuisance found on roads, streets or alleys that block passageways; ROAD TRAFFIC MANAGEMENT OFFICE (RTMO)- This office is assigned in the abatement of nuisances in relation to motor vehicles and matters affecting traffic including the use of altered tailpipes, led lights and auxiliary lights; CITY LEGAL OFFICE- This office is assigned in initiating appropriate legal action for the judicial abatement of nuisances upon report or recommendation of any concerned person or office; SECTION 6. PROHIBITED ACTS. The following shall be prohibited and considered unlawful acts: No person shall be allowed to use led lights and auxiliary lights which produces excessive lights that can block nor blur the vision of the drivers from the opposite lane; No person shall operate or permit the operation of any private or public vehicle which tailpipe or muffler has been modified from its original configuration either through the removal or modification of the silencer/muffler system, or replacement of any component of its tailpipe resulting in emissions beyond the acceptable standard of ambient noise in the city. Service centers, commercial enterprises, car parts/motorcycle parts or shops, or any individual in his personal capacity shall be prohibited from selling, manufacturing, and/or installing modified tailpipes for motorcycles, tricycles, and other four-wheeled vehicles. No video/karaoke bars and restaurants featuring live band shows and acts shall be allowed within the 100-meter radius from educational, religious, and public institutions such as schools, hospitals, churches, or chapels. No person shall be allowed to place their garbage cans, or any unnecessary objects on areas that would block the passageways, sidewalks and roads; No person shall commit any acts, conditions, and circumstances considered in this Ordinance as Nuisance. SECTION 7. TYPES OF ABATEMENT. The following are the guidelines in abating nuisances depending on the kind of nuisances: Summary Abatement. This type of abatement is applicable only for nuisances considered as per se: Notification by the concerned office; Removal or destruction of nuisance per accidens without any court order. Judicial Abatement. This type of abatement is applicable only for nuisances considered as per accidens: Notification by the concerned office; Rectification or removal of the nuisance by the owner; If the second action would turn out to be futile, filing of an appropriate case in court will ensue. SECTION 8. PENALTIES. The commission of any prohibited acts under this Ordinance shall be imposed with one time penalty per violation of a Fine of not more than Five Thousand (P 5,000.00) or an imprisonment of not more than six (6) months or both, at the discretion of the Honorable Court. SECTION 9. 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 10. 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 11. EFFECTIVITY. This Ordinance shall immediately take effect after fifteen (15) days of posting thereof in at least two (2) conspicuous places in the City of Pagadian. ENACTED AND APPROVED by the Sangguniang Panlungsod (15th City Council) during its 11th Regular Session held on 24 September 2025 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City. MONIQUE SHAIRA Y. TO Vice Mayor/Presiding Officer Verified: JACKIELYN KRYSTYL C. BANA SP Member/Floor Leader Attested: ELKID P. NACUA Secretary to the Sangguniang Panlungsod Approved: SAMUEL S. CO City Mayor Date:_________________