‘Republic of the Philippines Province of Batangas CITY OF TANAUAN L Office of the Sangguniang Panhungsod EXCERPTS FROM THE MINUTES OF THE 635 REGULAR SESSION OF THE ‘SANGGUNIANG PANLUNGSOD OF THE CITY OF TANAUAN, BATANGAS HELD AT THE DR. SALVADOR “DOY” H. LAUREL MEMORIAL BUILDING, CITY OF TANAUAN, BATANGAS ON OCTOBER 6, 2008 PRESENT: 2 Hon. JULIUS CAESAR G.PLATON II, _City Vice Mayor, and Presiding Officer Hon. Benedicto C. Corona, Member, G Hon. Marissa M. Tabing, Member, Hon. Arthur 8. Lirio, Member, Hon. Angel V. Atienza, Member, L Hon. Teodulfo S. Nones I Member, Hon. Atty. Edilberto A. Quilao, Member, Hon. Herminio R. Vivas, Jr, Member, ie Hon. Edgardo O. Burgos, ‘Member, Hon. Wyngard Q. Narvaez, Member. Hon. Elmer L. Perez, Member, and L Hon. Kevelyn 8. Rodriquez, Member (SK Federation President). ON OFFICIAL BUSINESS: - Hon. Simeon M. Platon, ‘Member (ABC President) ABSENT: c None. Res, No, 08-234. - APPROVING CITY ORDINANCE NO. 08-5 WHEREAS, the rapid economic growth brought about by numerous commercial, industrial and institutional activities has increased the number of vehicles plying the streets of Tanauan City, and has aggravated the traffic problem therein to the discomfort and a es ofall concerned; ‘ WHEREAS, the lack of new road network and the rapid economic growth brought by the oa ‘numerous commercial, industrial and institutional activities has increased the number of vehicles ; in the city, and has contributed in a large measure to the total traffic problem therein; WHEREAS, there is @ need to alleviate if not totally climinate the present traffic problems, and, instill cooperation and discipline among the populace for the general welfare; WHEREAS, for the past five (5) years, the traffic condition along J.P. Laurel Highway yb and A. Mabini Avenue has worsened due to the increase in numbers of motor vehicles plying along JP Laurel Highway and A. Mabini Avenue; WHEREAS, as a consequence the traffic problem has become unbearable to motorists and commuters as well; t Page 1 of 35Republic of the Philippines Province of Batangas CITY OF TANAUAN * Office of the Sangguniang Panlungsod NOW THEREFORE, upon recommendation of the Committee on Peace and Order, Fire ‘and Public Safety as embodied in the committee report dated September 8, 2008 and on motion ‘of Councilor Benedicto C. Corona, unanimously seconded, Be It Resolved, to approve, as the following ordinance is hereby approved: 5 CITY ORDINANCE NO. 08-5 ‘THE OMNIBUS TRAFFIC ORDINANCE OF THE CITY OF TANAUAN (2008) ‘Sponsor: The Committee on Peace and Order, Fire and Public Safety - Honorable Benedicto C. Corona Chair = Honorable Elmer L. Perez Vice Chair Honorable Atty. Edilberto A. Quilao Honorable Teodulfo S. Nones I Honorable Kevelyn S. Rodriguez ‘Members: Be it enacted by the Sanggunian Panlungsod of the City of Tanauan, that: ARTICLE I- TITLE Section 1 «4 This ordinance shall be known as The Omnibus Traffic Ordinance of the City of Tanauan (2008). oo. ARTICLE II - DEFINITIONS Section 2 - For the purpose of this ordinance the following words shall mean: = 21. Vehicle ~ Every device in, upon or by which any person or property is or may be transported or drawn ‘upon highways including devices moved by human or animal power but excepting those used exclusively upon stationary rails or tracks. + 2.2 Public Utility Vehicle or Public Motor Vehicle « shall include every motor car, carriage, tricycle, other vehicle engaged in ferrying passengers L for a fee. 2.3. Private Motor Vehicle ~ shall refer to any of the following; Page 2 of 35Republic of the Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Partungsod i a. any motor vehicle owned by the individuals and juridical persons for private use. b. any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including government-owned or controlled ‘corporations or their subsidiaries for official use, and . any diplomatic vehicle 24, Driver - is any licensed person running, driving, guiding, controlling, or conducting a vehicle. 2.5. Owner or Operator = shall mean the actual legal owner of a motor vehicle which is duly registered with the Land ‘Transportation Office. 2.6. Horn ~ shall include every device for signaling by sound. 2.7. Crossing + an intersection with four approach roadways. 2.8. Intersection or Junction E = includes every part of a public highway which joins another at an angle, whether or not it crosses the other. 2.9, Channelized Intersection «an at-grade intersection in which there is division or regulation traffic movements into definite paths of travel by the use of pavement markings, raised island or other suitable means to facilitate the safe and orderly movement of vehicles and pedestrians. 2.10. Pedestrians «are all persons occupying the streets and sidewalks by walking, 2.11. Thru Streets ~ are designated as such by law or ordinance where vehicles have the right to proceed passed intersection w/out stopping. - s 2.12, Right-of-way Streets “ae streets designated as such by ordinance where vehicles have the priority of passage over the vehicle coming from intersections. (2.13. Main Streets ~ are wide continuous strets as distinguished from alleys and narrow traversing streets. Page 3 of 35Republic of the Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Pankngsod 2.14. Street ~is a way in an urban area with or without provisions for curbs, sidewalks, and paved gutters. 2.15. Roadway or Highway = a general term denoting a public way for purposes of vehicular travel, including the entire area within the right of way. 2.16, Pavement - that portion of a roadway having constructed surface to facilitate vehicular traffic. 217. Curb Line - the boundary between a roadway and a sidewalk usually marked by a fixed curb rising above the level of the roadway. 2.18, Sidewalk - that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property line, intended for use of pedestrians, 2.19. Island ~ an area within a roadway from which vehicular traffic is intended to be excluded. 2.20, Parking Lane an auxiliary lane primarily for the parking of vehicles. 2.21. Traffic Lane ~ the portion of the traveled way for the movement of a single line of vehicles. 2.22, Parked Vehicle ~ a vehicle is parked if it has been brought to a stop on the shoulder or at the edge of a highway or public place, and remained inactive in that place for an appreciable period of time. A motor eee which properly stops merely to discharge a passenger or take in a waiting passenger or to load or unload a small quantity of freight with reasonable dispatch shall not be considered as “parked” if the motor vehicle again moves away without delay. 2.23 Road-Right-of-way a general term denoting land, property or interest acquired or reserved for highway purposes. S- 2.24, Traffic = pedestrians, herded animals, vehicles and other conveyances, either single or together while using any highway for purposes of travel. 2.25, Traffic Control Device -~ any signal, marking and device placed or erected by persons or official having authority for the purposes of regulating, waming or guiding traffic. Page 4 of 35Republic of the Philippines Province of Batangas CITY OF TANAUAN 7 Office of the Sangguniang Panlungsod 2.26, Traffic Sign ~a device mounted on a fixed or portable support whereby a specific message is conveyed by means of words or symbols, officially placed for the purpose of regulating, warning or guiding ; traffic. 2.27, Regulatory Sign a sign used to inform highway users of certain laws and regulations enacted to promote safety and convenience upon the streets and highways. L 2.28. Warning Sign a sign used to indicate conditions that are actually or potentially hazardous to highway users. 2.29. Guide Sign a sign used to direct traffic along a route toward a destination or to give information concerning : places or points of interest. 2.30, Traffic Markings all lines, pattems, words, colors or other devices, except signs, set into surface or applied upon or attached to the pavement or curbing, or to objects within or adjacent to the roadway, purpose ‘of regulating, waming, or guiding traffic. 2.31. Center Line = a line marking the center of a roadway on which traffic moves in both directions, or dividing the roadway between traffic moving in opposite directions, re 2.32. Barrier Line e ~ a distinctive longitudinal pavement line which when placed in proper relation to normal center 7 ‘another barrier line, indicates that all traffic must keep to the right thereof. 2.33. Traffic Island ~ an island designed to separate or direct streams of vehicular traffic flow. 2.34, Terminals for Public Utility Vehicles: owned, maintained and managed by private persons and authorized by the local 4 ‘a. Privately owned — parking bays located at point-destination of authorized lines are authorities in accordance with existing laws and ordinances. 'b. Government owned ~ a public area or portion of national highways or streets utilized for parking, as authorized and designated by the local authorities for the convenience of the riding public. Page 5 of 35Republic of the Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Pankmgsod 2.35. Cargo Trucks “a large powerful vehicle which have a minimum weight of 4.0 tons usually with 6 to 10 wheels designed to carry bulky or heavy cargo loads like rice, beverages, livestocks, construction materials, LPG, canned goods, textiles, appliances, feeds, medical equipment, tires, vehicle spare parts, furniture and others of similar nature, 2.36. Delivery Vehicles « refers to pick-up, vans, jeepneys and other vehicles weighing less than 4.0 tons with 4 wheels ‘use to carry or transport dairy products, bread and others of similar nature. 2.37. Colorum Vehicles « any private vehicle used for transporting passengers or cargo for a fee without any permit to operate in that capacity from the appropriate government authority. 2.38 Traffic Officer = any police officer, TMO personnel, traffic aides, CSU personnel or any other person duly authorized by the City Mayor or the Chief of Police to direct traffic and enforce traffic rules and regulations. 2.39 Hump ~ a rounded raised protrusion or elevation placed on a road or street for the purpose of slowing down motor Vehicles passing thereon, 2.40. Collector ~ any person designated or appointed by the City Mayor duly assigned to collect parking fees in the designated pay parking areas or zones. 2.41. Pedicabs - a bicycle fitted witha sidecar moved by human power. 42, Poblacion

% from scattering on any street, ection 55 ~ All persons carrying dangerous, combustible or inflammable chemicals or materials in their vehicles, under authority of law, shall be equipped with fire extinguisher or equipment required by the nature of the chemicals or materials. Section 56 = No person operating a motor vehicle shall allow more passenger in his vehicle than its registered carrying capacity. In the case of public utility buses, the driver and conductor shall be responsible exclusively, for the violation of this Section. Operators of passenger vehicles may be allowed to construct any device for carrying cargo at the roof of the car subject to the approval of the Land Transportation Office (LTO), provided , that the total weight of the device including ‘cargo shall not exceed one hundred (100) kilos. Page 14 of 35Republic ofthe Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Panlungsad ARTICLE X - DRIVERS AND/OR OPERATORS PHYSICAL FITNESS, SKILLS APTITUDE AND BEHAVIOR Section 57 - Except as may be provided by law, no person under the age of eighteen (18) years shall drive a public utility motor vehicle. Drivers of public utility vehicles while driving and conveying passengers, shall be neatly and cleanly dressed. In no case shall such driver be solely in his underwear, slippers, sleeveless shirts and short pants. Section 58 = Owners and operators of vehicles shall keep a record of the names and addresses of their drivers and must furnish them to any peace officer when demanded in connection with the investigation of crimes and accidents. Section 59 - No person shall operate or drive a vehicle upon any street while under the influence of liquor or prohibited drugs. Section 60 = No licensed driver or operator shall permit any unlicensed person to drive the motor vehicle under his control, or while driving, permit another person sitting beside him or in any other part of the vehicle to interfere with him in the operation of the vehicle, Section 61 = No driving school, licensed driver or instructor shall conduct driving lessons on any streets of the poblacion during rush hours. Rush hours shall mean 6:00 A.M. to 9:00 AM., 11:00 AM. to 2:00 P.M. and 4:00 P.M. to 7:00 P.M. every day except Saturdays, Sundays and Holidays. Section 62 EZ The owner’s employees, drivers and conductors of public utility vehicles shall use ext traordinary care and diligence to prevent injury to their passenger and property. In case a pedestrian is injured in a vehicular accident, the driver must exert every effort in order to save the life of the person. Section 63 - The driver of a vehicle shall immediately stop his vehicle when directed or arrested by a police or traffic officer. Section 64 = The driver and conductor shall not permit their passengers from leaving or boarding their ‘vehicle while the same is in motion or at the place not designated for embarkation, Page 15 of 35ss is [Republic of the Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Pantungsad Section 65 = Whenever any parcel or any baggage of any kind is in a public utility vehicle or is in the ‘custody of the driver thereof, and the owner of the parcel or baggage can not be readily determined, such driver shall deliver the same without delay to the nearest police officer or station for disposition pursuant to law. Section 66 = An operator or driver of a public utility vehicle must provide a small receptacle for trash and other rubbish inside the vehicle. Section 67 = It shall be unlawful for any person to hold and/or use in any way cellphones or any other contrivance of similar nature while driving a vehicle. Section 68 - Mandatory Use of Seat Belt - For their own safety, the driver and front seat passengers of a public or private motor vehicle are required to wear or use seat belt devices while inside a vehicle with running engine ‘on any road or thoroughfare. Provided, that for private vehicles, except for jeeps, jeepneys, vans, ‘buses and such other private vehicles, front and back seat passenger are likewise required to use ‘heir seat belt devices at all times. = In case of public motor vehicles, the drivers shall be required to immediately inform and require the front seat passengers upon boarding a vehicle with running engine to wear the prescribed seat belts. Any passenger who refuses to wear seat belt shall not be allowed to continue his/her trips. - For special public service vehicles such as school services and other similar vehicles. Seat belt devices should be provided and used by both drivers and front seat passengers as defined herein the first row passengers immediately behind the driver at all times while inside a vehicle ce fe wit ith running engine. Section 69 - Children Prohibited to Sit in Front Seat - Infants and/or children with ages six (6) years and below shall be prohibited to sit in the front seat of any running motor vehicle. Section 70 - Fare Discount for Senior Citizen and Students. drivers of public utility vehicles including tricycle drivers must give 20% fare discount to all Identification Card bearing Senior Citizens and Students upon presentation of their valid ILD. in compliance with the provisions of R.A. 7432. Page 16 of 35Republic of the Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Panlungsad ARTICLE XI - DAMAGE TO VEHICLES: Section 71 = No person shall drop, litter or scatter any nails, pointed objects, debris, substance or thing on ‘any street that may be injurious to pedestrians, damaging to vehicles or may undermine the cleanliness program of the City of Tanauan. Section 72 = No person shall puncture, cut or otherwise damage the tire or any other part of a vehicle not his ‘own or take away the same without the permission and consent of the owner. Section 73 No person shall throw stones or any object at any vehicle that will tend to cause damage thereto ‘or endanger the passengers thereof, ARTICLE XI - NUMBER PLATES, LICENSES, AND OTHER LEGAL, REQUIREMENTS Section 74 - Every motor vehicle shall be registered under one of the following classifications: ) private automobiles; __b) private trucks; ©) private motorcycles, scooters or motor wheel attachment; 4) public utility automobiles; e) public utility truc 4) taxis and auto-calesas; _g) garage automobiles; h) garage trucks; i) hire trucks; j) trucks owned by contractors and customs brokers and custom agents; ) undertaker; 1) dealers; ‘m) government automobiles; n) government trucks; ©) government motorcycles; p) tourist vehicles; © special; +) other classification that may be provided by law. A copy/photocopy of registration and official receipt of vehicle must be carried by the driver at all times while driving. Section 75 = It shall be unlawful for any person to transfer the number plates issued by the appropriate government authority from one vehicle to another, or keep, use or employ any vehicle bearing a number of plate other than the one under which it is registered. Section 76 ‘A driver or person in charge of any vehicle shall report immediately to any police officer any accident in which the vehicle driven or operated by him may have been involved. It shall be the ’ r 4d. Never make sudden dashes or stops in the middle of the street. _>F_& _Bedoubly careful where there are parked cars or other obstruction to his view. q 7? Section 104 = No person shall board or disembark from a vehicle at any place other than a designated bus or L Jeepney stop. ARTICLE XVII - MISUSE AND OBSTRUCTION OF STREETS AND SIDEWALKS Section 105 2 ‘No humps shall be constructed by any person or obstruct by any means or contrivance on any street or its sidewalks in accordance with Section 4H.01, 4H.02, 4H.03 and 4H.04 Article H (Regulating Construction of Humps or Placing Protuberance on Public Roads) of the Code of General Ordinances of 1997. Page 23 of 35Republic of the Philippines Province of Batangas CITY OF TANAUAN Office af the Sangguniang Panlungsod 1. Violation of Section 40 shall be penalized by a fine of P500.00 and/or imprisonment of 10 days or both, at the discretion of the court. Administrative Fine ~ Any person found violating this section may settle his obligation within 72 hours from his apprehension by paying the amount of P500.00 to the City ‘Treasurer. Pin the case of where a fine has been imposed and the offender is insolvent, he shall suffer a subsidiary penalty of imprisonment equivalent to P50.00 per day. 8. Violation of Section $4 shall be punishable by a fine of P 500.00 and/or imprisonment of 10 days at the discretion of the court. In case a fine is imposed and the offender is insolvent, the offender shall suffer a subsidiary imprisonment equivalent to P50,00 per day. 9. Violation of Section 66 shall be punishable by a fine of P 500.00 and/or imprisonment of 5 days atthe discretion of the court. In case a fine is imposed and the ‘offender is insolvent, the offender shall suffer a subsidiary imprisonment equivalent ‘0 P50.00 per day. ‘Any such person may settle his obligation under this section by paying a fine of P500.00 to the City Treasurer within 72 hours from his apprehension. 10. Violation of Section 67 shall be punishable by a fine of P500.00 and/or imprisonment of 10 days in the discretion of the court. In case s fine is imposed and the offender is \ insolvent, the offender shall suffer a subsidiary imprisonment equivalent to P50.00 per day. ‘Any such person may settle his obligation under this section by paying a fine of P500.00 } Bee to the City Treasurer within 72 hours from his apprehension. ¢. For violation of any other provisions of this ordinance including the rules and/or regulations ‘promulgated by the City Mayor through the TMO and the provisions of the Land Transportation ‘and Traffic Code (RA 4136) and its amendments not herein otherwise provided, and not herein before specifically punished, a fine of four hundred pesos (P400). Section 145 - In case of insolvency, a subsidiary penalty of imprisonment may be imposed by the Court on the offender based on the rate of one hundred pesos (P100) per day. ieee ~ Where the fine for the offenses committed are specific or exact, the violator or offender may voluntarily pay the corresponding fine to the Office of the City Treasurer by presenting the ‘Traffic Citation Ticket (TCT) issued by the traffic officer or person duly designated by the City Page 33 of 35Republic ofthe Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Panlungsod ‘Mayor within seventy-two hours (72) from his apprehension. The receipt of payment shall then ‘be presented to the TMO for recording purposes. In such case, judicial proceedings, therefrom shall be dispensed with. Records of offenders and the offenses committed shall be kept at the TMO for disposition. Section 147 ~ Unless otherwise specified, the person actually driving, operating, conducting, guiding or controlling the motor vehicle shall be liable for the violation of this ordinance. In the enforcement of this and other traffic ordinances, he apprehending officers are hereby authorized to confiscate drivers licenses upon issuance of the TCT and acknowledgement therein of the confiscation, the TCT issued by the apprehending officer shall be considered temporary permit which shall be valid for 72 hours. Section 148 ~ Any amount that will be collected pursuant to the provisions of this ordinance shall accrue to ‘the General Funds for the Special Account of the city which shall be used solely for the transportation development projects and the administrative expenses of the TMO. Section 149 - Implementing Rules and Regulation (IRR) ~ The City Mayor shall have the power to issue implementing rules and regulations for the official and effective implementation of this Ordinance. Violations of the provisions thereof shall be imposed with a fine of P400.00 or imprisonment of 10 days or both at the discretion of the honorable court. ARTICLE XXVIII - REPEALING CLAUSE Section 150 ~ All ordinances, rules and regulations in conflict with the provisions of this ordinance are hereby Recon ‘ot modified accordingly. ARTICLE XXIX ~ SEPARABILITY CLAUSE, Section 151 = If for any reason, any part or provisions of this ordinance shall be held unconstitutional or invalid, other parts or provisions hereof not thereby affected shall continue to be in full force and effect. ARTICLE XXX ~ FINAL PROVISION Section 152 = The City Mayor is hereby authorized to appropriate funds for the implementation of this ordinance. Page 34 of 35‘Republic of the Philippines Province of Batangas CITY OF TANAUAN Office of the Sangguniang Pankungsad ARTICLE XXXI DECLARATION OF INTENT TO CONFORM WITH NATIONAL LAW Section 153 - This Ordinance is subject to national laws, rules and regulations governing its subject matter. ARTICLE XXXII - EFFECTIVITY Section 154 - This ordinance shall take effect fifteen (15) days after its approval. ENACTED AND APPROVED this 6" day of October 2008 at the City of Tanauan. Attested: ERNESTO V. TIPA ‘Secretary to the Sangguniang Panlungsod Approved: (Date) SONIA TORRES-AQUINO. City Mayor DEEMED APPROVED Nov 06 2008 Date Page 35 of 35