SECTION 2. PURPOSE. It is the purpose of this Ordinance to safeguard public health and ensure the well being of all its constituents by protecting them from the harmful effects of smoking and tobacco consumption.
SECTION 3. COVERAGE. This Ordinance shall apply to all persons, whether natural or juridical, whether resident or not, and in all places, found within the territorial jurisdiction of the Municipality Urbiztondo, Pangasinan.
SECTION 4. LEGAL BASES.
| a. | The 1987 Constitution of the Republic of the Philippines declares that the State shall protect and promote the right to health of the people and instill health consciousness among them. |
| b. | Local Government Code of 1991 (RA 7160) accords every local government unit power and authority to promote the general welfare within its territorial jurisdiction, including the promotion of health and safety of its constituents. |
| c. | Philippine Clean Air Act of 1999 (RA 8749) declares the right of every citizen to breathe clean air, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and directs local government units to implement this provision. |
| d. | Tobacco Regulation Act of 2003 (RA 9211) prohibits smoking in certain public places whether enclosed or outdoors; prohibits the purchase and sale of cigarettes and other tobacco products from and to minors and in certain places frequented by minors; imposes bans and restrictions on advertising, promotion and sponsorship activities of tobacco companies; and directs local government units to implement these provisions. |
| e. | Executive Order 26, providing for the establishment of Smoke-Free environments in public and enclosed places. |
SECTION 5. DEFINITION OF TERMS. As used in this Ordinance, the terms below shall have the meanings ascribed to them in this section. Any words or terms not defined shall be given their plain and customary meanings, unless the context requires otherwise, and shall be interpreted in a manner consistent with the purpose and spirit of this Ordinance.
| a. | Advertising and promotion — means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. |
| b. | Electronic cigarettes or E-cigarettes — devices, often resembling cigarettes, cigar or pipes, designed to deliver nicotine or related substance to users in the form of a vapor. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor. |
| c. | Enclosed or partially enclosed — means being covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary. |
| d. | Minor — refers to any person below eighteen (18) years old. |
| e. | Outdoor advertisement — refers to any sign, model, placard, board, billboard, banner, bunting, light display, device, structure or representation employed outdoors wholly or partially to advertise or promote a tobacco product to the public. |
