Republic of the Philippines
CITY OF TARLAC
Tarlac
OFFICE OF THE SANGGUNIANG PANLUNGSOD
IN THE MATTER OF
ENACTING CITY ORDINANCE NO. 007-10,
ENTITLED : AN ORDINANCE ENACTING THE
TARLAC CITY NIGHT MARKET ORDINANCE,
APPROPRIATING FUNDS FOR ITS USE, AND
IMPOSING PENALTIES FOR VIOLATIONS
THEREOF
PRESENT:
Hon. Miguel A. Taedo, City Vice Mayor and
Presiding Officer
Hon. Ponciano Noel M. Soliman III, Member
Hon. Arsenio B. Lugay II, Member
Hon. Ana A . Aguas , Member
Hon. Glenn Troy S. Caritativo, Member
Hon. Amado S. De Leon, Member
Hon. Richard B. Diolazo, Member
Hon. Jude Joseph S. David, Member
Hon. Vladimir S. Rodriguez, Member
Hon. Roel P. Quiroz, Member
Hon. Romualdo B. Razon, Liga President-Member
ABSENT:
Hon. Emily L. Facunla, Member
Hon. Francis C. Caritativo, SK President- Member
ADOPTED:
October 7, 2010
 RESOLUTION NO. 263

WHEREAS, City Ordinance No. 018-08, also known as the Tarlac City Omnibus Market
Code of 2008, was enacted in order to make the operation of the City Public Markets a viable
and responsive instrument that will support and strengthen the economy and livelihood of the
city constituents: the market-goers and consumers, in general; and the market stall/space
occupants, in particular;

WHEREAS, it is the policy of the City Government of Tarlac to help public market
stallholders to showcase their products to attract customers in order to promote fair competition
between and among public market vendors, and owners and booth operators of supermarkets;

WHEREAS, it is also the policy of the City Government of Tarlac to provide a tourism
attraction that will trigger the influx of tourists, both local and international;

WHEREAS, the Honorable City Mayor intends to put-up a night market during
weekends, as one of its flagship projects, to attain its objectives;

WHEREAS, Section 25 of City Ordinance No. 018-08, also known as the Tarlac City
Omnibus Market Code of 2008, provides that:
Authority to Declare Special Market Zones. The City Mayor, upon the recommendation
of the CEEMO Head, and after being duly-authorized by the Sangguniang Panglunsod,
may declare specific areas as Special Market Zones for:
a. Satellite Markets or Talipapas;
b. Night Markets; and
c. Flea Markets.
(underscoring ours)

WHEREAS, Sec. 16 of Republic Act 7160, otherwise known as the Local Government
Code of 1991, provides that: Every LGU shall exercise the powers expressly granted, those
necessarily 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. Within their respective territorial jurisdictions, LGUs shall ensure and support, among
other things, xxx enhance economic prosperity and social justice, promote full employment
among their residents, maintain peace and order, and preserve the comfort and convenience of
their inhabitants.; (underscoring ours)

WHEREAS Sec. 153 of Republic Act No. 7160 provides that: Service Fees And
Charges. - Local Government Units may impose and collect such reasonable fees and charges for
services rendered;

Page 2- S.P. Res. No. 263

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WHEREAS Sec. 154 of Republic Act No. 7160 provides that: Public Utility Charges. -
Local Government Units may fix the rates for the operation of public utilities owned, operated
and maintained by them within their jurisdiction;

WHEREAS Sec. 313(a) of Republic Act No. 7160 provides that: Local Government
Units shall maintain special accounts in the general fund for the following: Public utilities and
other economic enterprises; x x x. Profits or income derived from the operation of public utilities
and other economic enterprises, after deduction for the cost of improvement, repair and other
related expenses of the public utility or economic enterprise concerned, shall first be applied for
the return of the advances or loans made therefor. Any excess shall form part of the general fund
of the Local Government Unit concerned.

WHEREAS, Section 458(a)(2)(xv) of Republic Act No. 7160 states that: The
Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinances, approve
resolutions, and appropriate funds for the general welfare of the city and its inhabitants pursuant
to Section 16 of the Code x x x and shall x x x regulate the inspection, weighing and measuring
of articles of commerce.; (underscoring ours)

WHEREAS, Section 458(a)(5)(ii) of Republic Act No. 7160 further states that: The
Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinances, approve
resolutions, and appropriate funds for the general welfare of the city and its inhabitants pursuant
to Section 16 of the Code x x x and shall x x x establish markets, x x x and authorize the
operation thereof by the city government; and regulate the construction and operation of private
markets, talipapas or other similar buildings and structures.; (underscoring ours)

WHEREAS, the Honorable City Mayor has requested the Sanggunian to enact an
ordinance that will allow the operation of a night market and provide funds for its
implementation;

NOW, THEREFORE, on motion of Councilor Ana A. Aguas, Chairperson of the

Committee on Market and Slaughterhouse, duly seconded;

RESOLVED, that in the interest of public service and welfare, the Sangguniang
Panlungsod of Tarlac hereby promulgates and enacts:

CITY ORDINANCE NO. 007-10

AN ORDINANCE ENACTING THE TARLAC CITY NIGHT MARKET

ORDINANCE, APPROPRIATING FUNDS FOR ITS IMPLEMENTATION AND
OPERATION, PRESCRIBING FEES FOR ITS USE, AND IMPOSING
PENALTIES FOR VIOLATIONS THEREOF

Be it ordained by authority of the Sangguniang Panlungsod of Tarlac that:

Chapter 1
GENERAL PROVISIONS

Section 1. Title. This Ordinance shall be known as the Tarlac City Night
Market Ordinance.

Section 2. Declaration of Policies. It is the declared Policy of the City Government:

1. To help public market tenants to showcase their products in order to attract

customers in order to promote fair competition between and among public
market vendors, and owners and booth operators of supermarkets;

Page 3- S. P. Res. No. 263-10

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2. To provide a tourism attraction that will trigger the influx of, both local and
international; and

3. To serve as a flagship project of the City Government of its economic

enterprises in this part of the Region.

Section 3. Scope of Application. This Ordinance shall apply to the use,

management, and payment of fees and charges in all night markets as defined herein,
whether owned, managed and/or operated (partly or completely) by the City Government,
or those owned, established, operated and managed by private individuals, partnerships or
corporations, within the territorial jurisdiction of this City.

Section 4. Authority. This Ordinance is enacted by the authority vested upon

the Sangguniang Panlungsod by virtue of the following provisions of Republic Act No.
7160, otherwise known as the Local Government Code of 1991, to wit:
 1. Pursuant to the provisions of Sec. 458 (a) Par. 5 (ii) of Republic Act No. 7160
which provides that: The Sangguniang Panlungsod, as the legislative body of the
city, shall enact ordinances, approve resolutions and appropriate funds for the
general welfare of the city and its inhabitants pursuant to Section 16 of this Code
(LGC of 1991) and in the proper exercise of the corporate powers of the city as
provided for under Section 22 of this Code (LGC of 1991), and shall approve
ordinances which shall ensure the efficient and effective delivery of the basic
services and facilities as provided for under Section 17 of this Code (LGC of
1991), and in addition to said services and facilities, shall establish markets,
slaughterhouses or animal corrals and authorize the operation thereof by the City
Government; and regulate the construction and operation of private markets,
talipapas or other similar buildings and structures.

2. Pursuant to the provisions of Sec. 458 (a) Par. 2(xv) of Republic Act No. 7160
which states that: The Sangguniang Panlungsod, as the legislative body of the
city, shall enact ordinances, approve resolutions, and appropriate funds for the
general welfare of the city and its inhabitants pursuant to Section 16 of the Code x
x x and shall x x x regulate the inspection, weighing and measuring of articles of
commerce.

3. Pursuant to the provisions Sec. 313 Par. (a) of Republic Act No. 7160 which
mandates that: Local Government Units shall maintain special accounts in the
general fund for the following: `Public utilities and other economic enterprises; x
x x. Profits or income derived from the operation of public utilities and other
economic enterprises, after deduction for the cost of improvement, repair and
other related expenses of the public utility or economic enterprise concerned, shall
first be applied for the return of the advances or loans made therefor. Any excess
shall form part of the general fund of the Local Government Unit concerned.

Chapter 2
DEFINITION OF TERMS

Section 5. Definition of Terms. As used in this Ordinance, the following terms

shall refer to:

1. Ambulant refers to a person who sells goods or products, either daily or

occasionally, by occupying a designated vending space, with or without the use of
booths, within the market premises.

2. CEEMO refers to the City Economic Enterprise Management Office.

3. City refers to Tarlac City.

Page 4- S. P. Res. No. 263-10
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4. City Government refers to the City Government of Tarlac.

5. CMMO refers to the City Market Management Office

6. Code refers to the Tarlac City Omnibus Market Code of 2008.

7. CTO refers to the City Treasury Office.

8. Dry Goods refers to all kinds of textile and ready-to-wear dresses/clothes,

footwear and mats, and native products, toiletries, kitchenware, utensils and other
household articles, plastic, leather or other synthetic products, and school and/or
office supplies, etc.
 9. Handcart refers to a two-wheeled cart, usually made of metal with two (2) small
wheels, used to carry/transport goods, items, commodities, etc. inside and within
the premises of the City Public Markets

10. Hawker refers to a person who sells wares on the street or from door-to-door.

11. Ordinance refers to the Tarlac City Night Market Ordnance.

12. Peddler refers to any person who, either for himself or on commission, travels
from place to place (other than the market place) to sell his goods or offers to sell
and delivers the same; also, one who offers any merchandise for sale along the
street or offering the same on a door-to-door basis.

13. PNP refers to the Philippine National Police Tarlac City Police Station.

14. Night Market refers to a place wherein dry commodities are being sold by
vendors, ambulants, and hawkers, with minimum required facilities and permitted
to operate during nighttime under a Memorandum of Agreement with the City
Government.

15. Night Market Premises refers to any open space in the night market area, where
ambulant or hawkers are permitted to vend.

16. Night Market Stall refers jointly to stalls, food stands, booths, spaces, and/or any
vending places to be designated by City Market Authorities.

17. Night Market Stallholder refers to any duly-licensed person who have been
granted, thru an appropriate certificate of award, the privilege to occupy and use a
stall/s where he/she can display or sell his/her goods, commodities or foodstuffs
in compliance with the City Night Markets rules and regulations.

18. Vendor refers to a person, other than an ambulant or hawker, who is duly-licensed
to display and offer for sale legally-sourced goods, commodities or any goods,
consumable items, or foodstuffs under a duly-awarded privilege to occupy a
permanent stall within the market premises.

19. Weighing Scale refers to an apparatus, either mechanical or digital, used to

measure the weight of a commodity, foodstuff, goods, item, etc., the standards of
which shall be set by the regulations promulgated by the DOST.

Page 5- Res. No. 263-10

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Chapter 3
CITY NIGHT MARKET

Section 6. The City Night Market. There is hereby created a City Night Market
which shall be located along F. Taedo Street, stretching from the corner of Juan Luna
Street up to the corner of Espinosa Street. It shall have provisions for stalls for dry goods,
food stands, booths and vending spaces.

The City Night Market shall operate every Friday and Saturday nights from 6:00 oclock
in the evening until 2:00 oclock in the morning of the following day.

Upon the recommendation of the CMMO and endorsement of the City Mayor, the
Sangguniang Panlungsod may declare the operation of the night market during the eve
 and the night of a Holiday and/or during longer celebrations like the Christmas Season,
feast day, and festivals.

The City Night Market shall be administered, operated, and maintained by the City
Government thru the CMMO and other deputized personnel.

Being a Public Property, it shall be the responsibility of every individual, including

CMMO Personnel, vendors, and consumers, to follow the rules and regulations
prescribed thereto, in order to: ensure the cleanliness of its surroundings; maintain public
order and discipline; ensure the safety of everyone; and protect the properties therein.

Section. 7. Night Market Stalls.

1. Eligibility of Stallholders, Food Stand, Booth and Space Occupants. Any person
who possesses the following qualifications and none of the disqualifications
enumerated herein shall be eligible to lease any stall, food stand, booth, or space
in the City Night Market:
a. Must be a bonafide resident of the City;
b. Must be of legal age;
c. Must be a registered voter;
d. Must be physically and psychologically fit; and
e. Must not have been convicted of any crime in any court of law;

2. Zoning and Sectioning of Market Stalls. The zoning/sectioning of the City

Night Market shall be in accordance with the approved lay-out as appearing in the
Implementing Guidelines of this Ordinance.

The City Night Market shall be divided into various Market Zones and Market
Sections in order to facilitate their efficient administration, as follows:

Zones Sections

Dry Goods Area Textile & Ready to Wear Section

Footwear & Mat Section
Cellphones Repairs & Accessories Section
Jewelry Stores Section
Kitchenware & Glassware Section
Plastic Goods Section
Office & School Supplies Section

Eatery Area Snacks & Refreshment Section

Miscellaneous Items Area All other sections not described in the preceding
enumerations subject to the approval of the City
Mayor and ratification by the Sangguniang

Page 6- S.P. Res. No. 263-10

------------------- -

Panlungsod through the recommendation of the

CMMO.

3. Application for a Temporary Permit. An Application for a Temporary Permit

to occupy a designated night market space shall be issued to duly registered
occupants.

This Application for a Temporary Permit shall only be valid for limited periods,
but, at the option of the grantee, anytime before its expiration, he/she may be
apply for renewal, upon the recommendation of the CMS and subject to the
concurrence of the CMMO.
 No approved Application for a Temporary Permit shall be issued unless the
necessary market fees and charges shall have been paid to the City Treasurer or
his deputy/ies.

The prescribed form and content of the Application for a Temporary Permit shall
be as follows: (See Annex C of the Code; APPLICATION FOR A
TEMPORARY PERMIT)

CEEMO Inspectors are hereby authorized to confiscate any or all approved

Application for a Temporary Permits whose holders thereof are found occupying
unauthorized spaces.

City Market Collectors are hereby authorized to confiscate any or all approved
Application for a Temporary Permits whose holders thereof are found delinquent
in the payment of their market fees and charges.

The CMS concerned are hereby authorized to confiscate any or all approved
Application for a Temporary Permits whose holders thereof are found violating
applicable provisions of this Code, other than occupancy of unauthorized spaces
or non-payment of market charges and fees.

All confiscated approved Application for a Temporary Permits shall be

surrendered to the City Market Administrator for reference and control purposes.

Confiscation of the approved Application for a Temporary Permit shall mean the
termination of the corresponding privilege of the grantee to occupy a designated
space and shall warrant the automatic ejection of the erring occupant.

4. Solid Waste Management. All City Public Markets shall have properly
covered garbage receptacles of the fly, cockroach, and rat proof types, in
sufficient numbers, conveniently located in conspicuous places without being
obstructions in passageways for public use.

a. The design, make, quantity and placement of garbage receptacles shall be

determined by the CMA.

b. Individual stallholders, food stand, booth and space occupants shall

provide their own properly covered garbage receptacles inside or within
their stalls, food stand, booths or spaces, respectively, where they can put
their trash to avoid littering in the premises.

c. Stallholders, food stand, booth and space occupants shall be required to

segregate their biodegradable and non-biodegradable garbage and litter.

Page 7- S.P. Res. No. 263-10

--------------------

This requirement shall be strictly enforced by the assigned CEEMO

Inspector/s in the particular section.

d. The measures for safekeeping, the manner and schedules for collection,
and the procedures for and time of disposal of garbage and litter from
these receptacles shall be the direct responsibility of the CMS concerned.

Any documented or verified violation of this provision shall be considered a grave

offense for which the offending person shall be liable and subject to the
prescribed penalty for such offense under this Code.

Section 8. Awarding of Night Market Stalls.

 1. Procedures in Awarding Vacant Stalls/Booths.

a. Application to Lease Night Market Stall. Interested

applicants shall secure an application form at the CMMO. The completely
filled-up application form shall be submitted to the CMMO, together with
the following supporting documents:
i. Barangay Clearance (Original)
ii. Photo Copy of Recent Community Tax Certificate (Cedula)
iii. 3pcs. 2 x 2 Colored Picture
iv. Photo Copy of Voters I.D or Voters Certificate

The amount of Twenty Pesos (Php20.00) shall be collected as Application

Fee which shall be properly receipted. All the documents submitted shall
be properly acknowledged and documented. A registry book of applicants
shall be maintained in the said office which shall contain the following
information:
i. Name and Address of Applicant;
ii. Number and description of vacant market stall applied for; and
iii. Date and Time of receipt of application.

Deadline for the submission of applications shall be two (2) calendar days
before the Drawing of Lots, to give enough time for the processing of
applications.

The prescribed form and content of the Application Form shall be as

follows: (See Annex E of the Code; APPLICATION FORM)

b. Drawing of Lots. The date, time, and place for the

Drawing of Lots shall be determined by the City Mayor.

The Drawing of Lots shall be conducted by the Market Awards Committee

in the presence of the City Mayor, City Auditor, SP Chairman on the
Committee on Market, and Presidents of registered/recognized Market
Vendors Organizations, or their official representatives.

The winning applicants shall be announced immediately and recorded by

the Market Awards Committee.

c. Awarding of Market Stalls. Winning applicants shall be

informed by the Market Awards Committee within three (3) calendar days.
They shall then report to the CMMO within seven (7) calendar days for
proper identification, failure to do so would mean that they are not
interested to lease a market stall, thus forfeiting their right.

Page 8- S.P. Res. No. 263-10

---------------------

Winning applicants shall then pay all the mandatory fees and charges at
the City Treasury Office. The applicant shall then present to the CMMO
the Official Receipt for the payment of mandatory fees and charges, and in
his presence sign the Contract of Lease and then have it notarized, and
submit the same to the CMMO.

The prescribed form and content of the Contract of Lease shall be as

follows: (See Annex F of the Code; CONTRACT OF LEASE)

The Certificate of Award shall then be presented to the winning applicant

by the City Mayor on the date, time, and place that shall be announced by
the CMMO.
 No night market stalls shall be awarded to the winning applicants unless
the necessary market fees and charges shall have been paid to the City
Treasurer or his deputy/ies, and the Contract of Lease submitted to the
CMMO.

The prescribed form and content of the Certificate/Letter of Award of

Night Market Stalls shall be as follows: (See Annex G of the Code;
CERTIFICATE OF AWARD)

Section 9. Rules and Regulations, and Prohibited Acts. The following Rules and
Regulations, and Prohibited Acts shall govern the operations of market stalls and
activities of stallholders, food stand, booth, and space occupants and their personnel
within the City Public Markets and their premises:

1. Administration of Market Stalls. Night market stallholders shall occupy and

personally administer their assigned stalls, food stands, booths, or spaces,
respectively. They may employ helper/s, who shall be registered with the CMMO,
provided that under no circumstances shall said helper/s have any commercial
relation/transaction with the stallholders, food stand, booth, and space occupants.

Night market stallholders shall have their Certificate/Letter of Award, Mayors

Permit, and their pictures and that of their helper/s conspicuously posted within
their night market stalls.

Night market stallholders are prohibited from occupying market stalls or spaces
other than those assigned to them. Any attempt to occupy any market stall for any
purpose other than those specifically assigned to them shall be penalized
accordingly.

Night market stallholders are prohibited from sub-leasing their market stalls or
selling their acquired privileges. Any person, other than the stallholder or his
duly-registered helper/s, found selling in the said market stall shall be construed
as sub-leasing and shall be penalized accordingly.

2. Manner of Exposing Merchandise. The exposure of any article, commodity,

or food for sale on the floor, stands, stalls, or on any other place shall be properly
arranged or placed in a manner the CNNO may direct, so that they can be easily
and perfectly cleaned; and protected against all kinds of insects and vermin. Any
container for merchandise shall be of such size, class, and condition that is
suitable for the purpose for which it is used

Any article, commodity, or food that is exhibited as if the same are intended for
sale, whether sold or not, or directly offered for sale or not, such exhibition shall
be construed as an exposure of the same for sale or an offer to sell.
Page 9- S.P. Res. No. 263-10
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3. Encroachment on Passageways. Night market stallholders are prohibited
from exposing their merchandise on spaces provided for the passageways and/or
on other adjacent spaces exceeding the limits of their leased area. Such exposures
shall be construed as encroachment.

Market stallholders who has allowed, tolerated, and/or consented to any

individual/s to occupy any passageway adjacent to his/her stall without reporting
said unauthorized encroachment to the CMMO shall be penalized accordingly.

Any stallholder found occupying any space in excess of what is authorized, or

allowing, tolerating, and/or consenting other individuals to encroach unauthorized
spaces adjacent to his/her stall shall pay an additional space rental equivalent to
double the rate of the total area (leased area awarded to the stallholder plus the
 area encroached) occupied by the stallholder, exclusive of the penalty charge,
which shall be paid simultaneously.

In case the stallholder, upon inspection by the CMMO or its duly designated
representative, has been found to occupy more space than what has been
authorized or has occupied the passageway adjacent to his/her stall for
temporarily stacking their excess merchandise, a penalty charge shall be imposed
on the concerned stallholder.

The CMMO or its duly designated representative shall prepare all inspection
reports and furnished the City Mayor, the City Legal Officer, and the City Market
Administrator, for their reference. Likewise, records of payment or non-payment,
as the case may be, shall subsequently be kept by the City Treasurer and a report
thereof shall be furnished the City Mayor, the City Legal Officer, the City Market
Administrator, and the Market Awards Committee, for their reference in case
cancellation of business permit and revocation of stall award shall be imposed for
grave violation of market rules and regulations.

No official, officer or employee of the City Government shall have authority

whatsoever, whether temporary or otherwise, to allow, consent, or tolerate the
occupancy or encroachment of any sidewalk or passageways in any City Night
Markets premises or City streets by any individual/s, group or entity, except
when authorized under an appropriate ordinance. Any official, officer or
employee of the City Government found violating this particular provision shall
be subjected to administrative and/or criminal prosecution.

4. Alteration of Market Stalls and Fixtures. No night market stallholder shall

construct, repair, renovate, add, alter, or change the structure of any market stall
or fixture without first securing the permission of the City Mayor thru the
CMMO, in writing copy furnished the CEEMO Head. Market stalls constructed,
repaired, renovated, added, altered, or changed in violation of this Section may be
summarily removed or destroyed by the CMMO or its duly designated
representative.

In no case shall anyone, market stallholder/s or outsiders convert the night market
stall or any portion of the night market premises into temporary and permanent
dwelling places where they eat, sleep and use the public toilets/baths as their own.
Any violation of these specific provisions shall subject the violators thereof to the
penal provision.

5. Losses of Night Market Stallholders. The City Government shall not be

responsible for any loss or damage which the market stallholder/s may incur by
reasons of fire, theft, or force majeure.

Page 10 S.P. Res. No. 263-10

----------------------
Any merchandise, goods, wares, or commodities left in the City Night Market by
the stallholder/s shall be at their own risk.

However, it shall be the responsibility of all CMMO to exercise utmost vigilance

and care to prevent any loss or damage in the City Night Market, and for this
purpose they shall have the authority to apprehend and turn over to the PNP any
person/s caught stealing, vandalizing, and/or destroying any property, or
committing any crime within the City Night Market.

6. Peddling, Hawking and Mobile Stores. No person/s shall peddle, hawk, sell,
offer for sale, or expose for sale any articles, goods, wares, commodities, and/or
foodstuffs, such as: vegetables; meat; fish; and other perishables, that easily
 deteriorate in the passageways and open spaces inside or within the premises of
the City Night Market.

Selling and vending of mobile stores inside or within the premises of the City
Night Markets without the proper permission is strictly prohibited.

City Market Officials and Personnel, and PNP Personnel detailed in the vicinity of
the City Night Market shall ensure the strict compliance of the provisions of this
Section.

7. Sleeping, Begging, Gambling, and Intoxicating Drinks. No person/s shall

sleep inside or within the premises of the City Night Market; nor shall any
person/s beg or solicit alms or contributions of any kind inside or within the
premises of the City Night Market.

Gambling of any kind either inside or within the premises of the City Night
Market is strictly prohibited.

No person/s shall drink, sell, serve, and/or dispense liquor or intoxicating drinks
inside or within the premises of the City Night Market. Any person/s found
violating this provision shall subject the offender to the penal provisions of the
Code.

Any person/s found using or under the influence of dangerous drugs, as defined
under R.A. 9165, inside or within the premises of the City Night Market shall be
reported immediately to the PNP.

8. Bladed Instruments. Carrying by any person/s, whether stallholder or

consumer, within the premises of the night market is hereby prohibited.

This provision shall not apply to those persons or entities engaged in the selling of
utensils and kitchenware where the selling of kitchen items like knives, cutting
blades and similar items must be displayed as a matter of commercial practice:
Provided that, bladed instruments sold must be properly receipted.

9. Cleaning of Market Stalls. At the close of each days business and before
leaving, stallholders shall clean their respective stalls, food stands, booth, or
spaces. They shall also remove all dirty materials and place them in
containers/garbage bags. These shall be disposed off in accordance with Section
21 Paragraph 4 of the Code.

Chapter 4
MARKET FEES & CHARGES

Section 10. Rates of Market Fees and Charges. The following Service Fees and
Charges shall be imposed upon and collected from any individual for services rendered,
Page 11- S.P. Res. No. 263-10
-------------------- -
privilege granted or benefits enjoyed by and in the course of their business activity or
conduct of occupation in any of the City Public Markets and their premises, including,
but not limited to, spill over areas such as adjacent or adjoining streets when declared as
Special Market Zones or Night Markets by the City Market Authorities:

1. Application Fees. The following non-refundable fees shall be charged to and

collected from all applicants for the privilege of occupying any stall, food stand,
booth, or space in any building or any space within the premises of the City
Public Markets:

a. Filing Fee, per application ... Php. 20.00

b. Oath Fee, per Oath .... 30.00
 c. Processing Fee, per application .. 50.00
Php100.00

4. Night Market Stall Rental Fees. This daily rental fee shall be charged upon and
collected from any vendor, ambulant or hawker concerned, for the continuing use
or occupancy of any stall, food stand, booth, or space in the City Night Market, at
the following rates.

Occupied Stall (Daily Rates Per Square Meter or Fraction Thereof)

Common Stalls Php 18.00 Php 12.00

Food Stands 20.00 15.00
Booths 15.00 10.00
Ambulant Spaces 10.50 9.00

Payments of Night Market Stall Rental Fees may be made on a monthly basis; Provided,
That, they shall be made as advance payments. Advanced payments shall be entitled to a
discount of 10% of the amount paid; Provided further, That, the payer shall not have any
arrears appearing on the records of the City Treasury.

Section 11. Authority of the Tarlac City Consumer Council. The provisions of
Section 31 Chapter 7 of the Code shall apply in this ordinance.

Chapter 5
PENAL PROVISIONS

Section 12. Fines and Penalties. Violations of the provisions of this ordinance
shall be penalized in accordance with the provisions of Chapter 8 of the Code.

Chapter 6
FINAL PROVISIONS

Section 13. Implementing rules And Regulations. The CMMO shall

prepare the implementing rules and regulations of this Ordinance and shall submit the
same to the City Mayor for his approval. It shall then be submit to the Sanggunian for
ratification.

Section 14. Repealing Clause. All other ordinances, rules or regulations, or

parts thereof, whose provisions are in conflict with, or contrary to the provisions of
this Code, are hereby repealed, amended, or modified accordingly.

Section 15. Applicability Clause. All other matters not specifically provided in
this Ordinance shall be governed by the provisions of City Ordinance No. 018-08,
Tarlac City Omnibus Market Code of 2008, and other existing and applicable laws or
ordinances.

Page 12- S.P. Res. No. 263-10

----------------------

All existing provisions of national laws, rules, regulations, and procedures, as they may
be pertinent to promote the general welfare and interest of the public for the proper
administration of the City Night Markets, shall be suppletory in character.

Section 16. Separability Clause. If any provision of this Ordinance or the application
of such provision to any persons or circumstances is declared unconstitutional, the remainder
of this Ordinance or the application of such provision to other persons or circumstances shall
not be affected by such declaration.
CEEMO
Inspectors

City
Market Section 17. Effectivity Clause. This Ordinance shall take effect upon its approval and
after its publication on any local newspaper of general circulation in this city.

RESOLVED, FINALLY, that copies of this resolution be forwarded to the Hon. Gelacio R.
Manalang, City Mayor, and to the Honorable Members of the Sangguniang Panlalawigan of
Tarlac thru the Hon. Pearl Angeli Pacada, Vice Governor and Presiding Officer, for their
information and appropriate action.

CARRIED.

ATTESTED:

MA. THERESA D.C. PANGILINAN

S.P. Secretary
CERTIFIED TO BE DULY ADOPTED:

MIGUEL A. TAEDO
City Vice Mayor & Presiding Officer

APPROVED: October 27, 2010

GELACIO R. MANALANG
City Mayor