Republic ofthe Philippines PROVINCE OF MISAMIS OCCIDENTAL fice of the Provincial Board Capitol, Oroquieta City Tel. No. Office: 531-1271 Excerpts from the MINUTES of the REGULAR Session ofthe Provincial Board of Misamis Occidental held at the SANGGUNIANG PANLALAWIGAN Session Hall, Ground Floor, Capitol Building, Oroquieta City on September 18, 2003, HON. FRANCISCO T, PAYLAGA, JR P Vice Governor/Presiding Officer HON, ROSARIO K. BALAIS- P HON. MORPHEUS, AGOT- P HON, MARINA P. CLARETE OL Board Member Board Member ‘Board Member (FABC Pres.) HON, RENATO 0, PAROJINOG HON. FRANKLIN E.OMANDAM-P HON. TITOB, DECINA-P Board Member Deceased ‘Board Mensber Board Member (PCL Pres) HON. AGUSTIN A. GALINDO, IR-P HON.CARLOUD.ZAFRA~P HON. CRISANNE ANN MARIEL,PAYLAGAP Board Member ‘Board Member ‘Board Member (FSK-Pres.) HON. JIMMY R. REGALADO. P HON.DELLOT.LOOD- PATTY. RENE C. TUGONON-ZAPATOS.P Board Member ‘Board Member ‘Secretary tothe Sangguninn Legend: P-Present OL -On Leave A Absent ‘OB- Oficial Business OT-Offiil Trip ORDINANCE NO. 09-03 TOWING ORDINANCE OF THE PROVINCE OF MISAMIS OCCIDENTAL. Be it enacted by the Sangguniang Panlalawigan of Misamis Occidental, in session assembled: Section 1. TITLE. This Ordinance shall be known and cited as the Towing Ordinance of the Province of Misamis Occidental. Section 2. COVERAGE. Unless otherwise provided, stalled, illegally parked, abandoned and vehicles immobilized as a result of an accident shall be subject to towing, Section 3. STALLED VEHICLES. Except for vehicles stalled for deflated or flat tires, all stalled vehicles which obstruct the flow of traffic and causes hazard on the road shall be towed to the nearest duly accredited repair shop at the choice of the owner or driver. Vehicles with deflated or flat tires shall be given one (1) hour within which to replace said deflated tires, otherwise, said vehicle shall be towed after the lapse of the said time allowance, Provided that, vehicles with double tires shall be given a time extension of thirty (30) minutes and provided finally, that vehicles with double flat tires shall be granted another thirty (30) ‘minutes extension Section 4. ACCREDITATION OF MOTOR VEHICLE REPAIR SHOPS. Proprietors of Motor Vehicle Repair Shops desiring to accept repair jobs resulting from the implementation of this Ordinance shall seek accreditation from the Misamis Occidental Road Safety and Traffic Management Task Force (ROADSTERS) which is heretofore directed to issue the necessary guidelines for the purpose. Section 5. MOTOR VEHICLES IMMOBILIZED BY ACCIDENT. After the conduct of a Vehicular Accident Investigation Report, such vehicles immobilized by accident shall be towed to the Municipality or City Police Station where the accident occurred for proper disposal.Ord. No. 09-03 Page Two... Section 6. ILLEGALLY PARKED MOTOR VEHICLES. All vehicles parked in “NO PARKING ZONES” as designated by a Municipal or City Ordinance and those violating the provisions of Republic Act 4136 otherwise known as the “Land Transportation and Traffic Code” shall be towed to the impounding area designated by the Municipality or City, as the case may be. Section 7. TOWING TRUCK MOBILIZATION FEE. When the towing truck is called upon from its designated garage, a mobilization fee of Five Hundred (P500.00) Pesos shall be charged and collected from the owner of the motor vehicle to be towed, Section 8. TOWING FEE. A towing fee of Fifty Centavos (P 0.50) per kilogram per kilometer shall be charged and collected from the owner of vehicles with gross weight not exceeding One Thousand Two Hundred (1,200) Kilograms, Thirty Centavos (P 0.30) per kilogram per kilometer for vehicles weighing One Thousand Two Hundred One (1,2001) Kilograms up to Two Thousand Nine Hundred (2,900) Kilograms and Twenty Five Centavos (P 0.25) per kilogram per kilometer for vehicles weighing Two Thousand Nine Hundred One (2,901) Kilograms and over. Section 9. IMPOUNDMENT. All abandoned and illegally parked motor vehicles shall be towed to the impounding area designated by the Municipality or City where it was found. Section 10, CHARGES AND PENALTIES. In addition to the payment of the appropriate penalty for illegal parking as provided for by the Municipal or City Ordinance, the owner or his representative, shall pay the mobilization and towing fees and the storage fee of Two (P2.00) Pesos per square meter per day prior to discharge. Section 11. ACCRUAL OF FEES, PENALTIES AND CHARGES. Penalties or illegal parking and storage fees shall accrue exclusively to the Municipality or City. Seventy Percent (70%) of the towing fee shall accrue to the Provincial Government and the Thirty Percent (30%) thereof to the Municipal or City Government, as the case may be. Section 12. DISPOSITION OF UNCLAIMED MOTOR VEHICLES. Owners of impounded motor vehicles shall have Sixty (60) days within which to claim the same by paying the corresponding fees, penalties and charges. If the said impounded motor vehicle remain unclaimed after the lapse of the said period, the same shall be sold at a public auction. Section 13. DUTY OF MUNICIPAL OR CITY TRAFFIC OFFICER. It shall be the duty of the Municipal or City Traffic Officer, as the case may be, to keep a record of the impounded motor vehicles, exercise utmost care in the custody of the same and report to the Provincial Treasurer all unclaimed motor vehicles after the lapse of Sixty (60) days. Section 14. DUTY OF PROVINCIAL TREASURER. Within Thirty (30) days after receipt of the report of unclaimed motor vehicles by the Municipal or City Traffic Officer, the Provincial Treasurer shall inspect said unclaimed motor vehicles and proceed to publicly advertise the same for sale. At any time before the date fixed for the sale, the owner or any person having legal interest thereon may stay the proceedings by paying the towing fee, illegal parking fine and storage fee. ‘The Provincial Treasurer shall likewise prepare and deliver to the purchaser a Certificate of Sale provided that proceeds of the sale in excess of the fees, charges and the costs of sale shall be remitted to the owner or person having legal interest thereon.Ord. No. 09-03 Page Three. .. Section 15, SEPARABILITY CLAUSE. If, for any reason, any provision of this Ordinance is declared invalid by a Court of competent jurisdiction, such judgment shall not affect or impair the remaining provisions, sections or parts which shall continue to be in full force and effect. Section 16. EFFECTIVITY. This Ordinance shall take effect after Fifteen (15) days following to the completion of its publication in a newspaper of general circulation in the Province of Misamis Occidental. I HEREBY CERTIFY to the correctness of the foregoing Ordinance No. 09-03 which was duly enacted by the Sangguniang Panlalawigan during its regular session held on September 19, 2003. vt one IREN®’C. E4GONON-ZAPATOS Secretary to the Sanggunian ATTESTED AND CERTIFIED TO BE DULY ENACTED 4 APPROVED: oo FRANCISCO T. altace, IRe Prpsiding Officer | LORETO LEO S. OCAMPOS Provincial Governor 10/0i!05