Urbiztondo Ordinance No. 2 (2018)

by Danilo M. Tamondong

Republic of the Philippines
Province of Pangasinan
MUNICIPALITY OF URBIZTONDO
OFFICE OF THE SANGGUNIANG BAYAN

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EXCERPT FROM THE RECORD OF PROCEEDINGS OF THE 21st REGULAR SESSION OF THE SANGGUNIANG BAYAN OF URBIZTONDO, PANGASINAN, HELD ON MAY 21, 2018

Present:⁠ ⁠Vice Mayor Marilyn S. Sison Presiding Officer ⁠Coun. Dyna P. de Guzman Member ⁠Coun. Zenaida P. Espinosa Member ⁠Coun. Volter D. Balolong Member ⁠Coun. Danilo M. Tamondong Member ⁠Coun. Pepito N. Calugay Member ⁠Coun. Vicente A. Frias, Jr. Member ⁠Coun. Brandy M. Palisoc Member ⁠Coun. Mirla D. Balolong Member (ABC Pres.) ​ Absent: ⁠Coun. Edwin T. Tamondong Member ​

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MUNICIPAL ORDINANCE NO. 2 – 2018
Sponsored by: Coun. Danilo M. Tamondong

 

Ordinance Prohibiting the Smoking of Cigarettes and Vaping in All Public Places and Selling of Cigarettes to Minors within the Municipality of Urbiztondo, Pangasinan, Imposing Penalties for Violation Thereof and for Other Purposes

 

WHEREAS, the municipal government of Urbiztondo must act with urgency to curb the culture of smoking and tobacco consumption through comprehensive and proven effective tobacco control measures;

WHEREAS, the municipal government of Urbiztondo recognizes the fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy, and realizes the need to be alert to and informed of any efforts by the tobacco industry to undermine or subvert tobacco control efforts;

WHEREAS, an increasing number of Filipinos die each year of tobacco-related diseases such as stroke, heart disease, and various cancers, among others;

WHEREAS, scientific evidence has shown that there is no safe level of exposure to tobacco smoke; that effective measures to protect from exposure to it requires the total elimination of smoking and tobacco smoke; and that approaches other than 100% smoke-free environments, including ventilation, air filtration and the use of designated smoking areas (whether with separate ventilation systems or not) have repeatedly been shown to be ineffective.

WHEREAS, children usually adopts ways of adults and would benefit from positive models of non-smoking behavior and positive reinforcement of healthy lifestyle messages through exposure to smokefree and tobacco-free public areas.

NOW THEREFORE, be it enacted by the Sangguniang Bayan of Urbiztondo, Pangasinan, in session assembled, by virtue of the powers vested in it by law, that:

SECTION 1. SHORT TITLE. This Ordinance shall be known as the “Anti-Smoking Ordinance of Urbiztondo.”

 

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.
f.	Person-in-charge — refers to: the president/manager in case of a company, corporation or association; the owner/proprietor/operator in case of a single proprietorship; or the administrator in case of government property, office or building; in case of public conveyances, the owner, driver, operator, conductor, or the captain of the public conveyance.
g.	Point-of-sale — refers to any location at which an individual can purchase or otherwise obtain tobacco products.
h.	Public conveyances — refers to modes of transportation servicing the general population, such as, but not limited to, elevators, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles.
i.	Public places — means all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including, but not limited to, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkways, entrance ways, waiting areas, and the like.
j.	Second-hand smoke — means the smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker.
k.	Smoke free — refers to prohibition or ban on smoking which provides effective protection from environmental tobacco smoke or second-hand smoke.
l.	Smoking — means being in possession or control of a lighted cigarette, cigar, tobacco products of any kind, form or type regardless of whether the smoke is being actively inhaled or exhaled.
m.	Tobacco Products — means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as cigarettes and cigars.
n.	Vaping – the act of inhaling the vapor produced by an electronic cigarette or similar device.
o.	Workplace — means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces.

 

SECTION 6. PROHIBITED ACTS. The following acts are declared unlawful and prohibited by this Ordinance:

a.	Smoking and vaping in enclosed or partially enclosed public places, workplaces, public conveyances, or other public places, as defined in Section 5.
b.	Selling or distributing tobacco products in a school, public playground or other facility frequented by minors, or within 100 away from the perimeter of these places.
c.	Selling or distributing tobacco products to minors.
d.	Selling or giving tobacco products or E-cigarettes to minors, regardless of who will use or consume the same.
e.	Purchasing tobacco products from minors.
f.	Placing cinema and outdoor advertisements of tobacco products.
g.	Placing, posting, or distributing advertising materials of tobacco products, such as leaflets, posters and similar materials, outside or inside the premises of point-of-sale establishments.
h.	Advertising verbally tobacco products during social events or gatherings.

Persons-in-charge shall be held similarly liable for the above acts if they are found to have allowed, abetted, or tolerated the same.

 

SECTION 7. DUTIES and OBLIGATIONS of PERSONS-IN-CHARGE. Persons in charge shall:

a.	Prominently post and display “No Smoking” signages in the locations most visible to the public in the areas where smoking is prohibited, including public vehicles. At the very least, a “No Smoking” sign must be posted at the entrance to the area. The “No Smoking” sign shall be at least 8 x 16 inches in size and the international No Smoking symbol shall occupy no less than 70% of the signage. The remaining lower 30% of the signage shall show the following information: [international No Smoking symbol] STRICTLY NO SMOKING as per ORDINANCE NO. _________ Violators can be fined up to P_____ Report violations to ____________ [hotline number optional]
b.	Remove from the places where smoking is prohibited all ashtrays and any other receptacles for disposing of cigarette refuse.
c.	For persons-in-charge of schools, public playgrounds or other facilities frequented by minors, post the following statement in a clear and conspicuous manner: SELLING OF CIGARETTES OR OTHER TOBACCO PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM [ SCHOOL/ETC. ] PERIMETER
d.	For persons-in-charge of point-of-sale establishments, post the following statement in a clear and conspicuous manner: SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS IS UNLAWFUL
e.	Establish internal procedure and measures through which this Ordinance shall be implemented and enforced within the area of which he or she is in charge, including, but not limited to, warning violators and requesting them to stop smoking, and if they refuse to comply, asking them to leave the premises, and if they still refuse to comply, reporting the incident to the nearest police officer or barangay officials.
f.	Ensure that all the employees in the establishment are aware of this Ordinance and the procedure and measures for implementing and enforcing it.
g.	Allow inspectors acting under Sections 12 and 13 entry into the establishment during regular business hours for the purpose of inspecting its compliance with this Ordinance.
h.	It is the obligation of the vendor to ask for ID if uncertain on the age of the buyer.

 

SECTION 8. PERSONS LIABLE. The following persons shall be liable under this Ordinance:

a.	Any person who commits any of the prohibited acts stated in Section 6 hereof;
b.	The parents or guardian if the apprehended violator is a minor.
c.	Persons-in-charge who knowingly allow, abet, or tolerate the prohibited acts enumerated in Section 6, or who otherwise fail to fulfill the duties and obligations enumerated in Section 7 hereof.

 

SECTION 9. PENALTIES. The following penalties shall be imposed on violators of this Ordinance:

a.	Violation of Section 6 (a), (b), (c), (d) and Section 7
	i.	First Offense – a fine of P500.00.
		That after due notice, non-compliance with the prescribed penalty within thirty (30) days warrants the filing of the case by the Municipal Treasurer against the parent/s or guardian/s of the minor for violating this ordinance to the proper court and shall be penalize by a fine of Five Hundred Pesos (₱500.00) or imprisonment of not more than ten days (10), or both at the discretion of the court.
	ii.	Second Offense – a fine of P1,500.00.
		That after due notice, non-compliance with the prescribed penalty within thirty (30) days warrants the filing of the case by the Municipal Treasurer against the parent/s or guardian/s of the minor for violating this ordinance to the proper court and shall be penalize by a fine of One Thousand Five Hundred Pesos (₱1,500.00) or imprisonment of not more than fifteen days (15), or both at the discretion of the court.
	iii.	Third and Subsequent Offenses – a fine of P2,500.00 or imprisonment of twenty (20) days, or both, at the discretion of the court. Revocation of business license or permit (in case of a business entity or establishment)
b.	Violation of Section 6 (e), (f), and (g)
	i.	First Offense – a fine of P1,500.00.
	ii.	Second Offense – a fine of P2,000.00.
	iii.	Third and Subsequent Offenses – a fine of P2,500.00 or imprisonment of fifteen (15) days, or both, at the discretion of the court. Revocation of business license or permit (in case of a business entity or establishment)

 

SECTION 10. IMPLEMENTING AGENCY. – The Philippine National Police (PNP - Urbiztondo) personnel and the barangay officials including barangay tanods within their respective territorial jurisdiction shall be the lead agency to apprehend the violators of this ordinance.

If the apprehended violator is a minor, the PNP or the barangay official shall inform the minor’s parents or guardian that they have to settled the penalties imposed by this ordinance. The apprehended minor shall be turn over by the PNP to the custody of the Municipal Social and Development Officer for counselling as per R.A. 9344 (Juvenile Justice and Welfare Act of 2006). If the violation was committed after office hour of the MSWDO, or during weekends and holidays, the PNP-Women and Children Desk will do the counselling. In case the apprehension was made by a barangay official the Violence Against Women and Their Children (VAWC) desk shall do the counselling.

The corresponding share of the PNP and the barangay from the fines mentioned in Section 9 of this Ordinance shall be 50% of the corresponding fine and shall be credited quarterly by the Municipal Accountant’s Office to the account of the PNP and the barangay concerned.

 

SECTION 11. CITATION TICKET SYSTEM. Violators of this Ordinance shall be informed of their violation and the penalty associated with such violation by means of a Citation Ticket System with the following guidelines:

a.⁠

Official booklets of Citation Tickets shall be issued by the Municipal Treasurer’s Office to implementing agencies (authorized enforcers) as mentioned in Section 10.

b.

A Citation Ticket shall be issued to the person/s liable for any violation of this Ordinance upon finding of the violation by duly authorized enforcers.

c.

A Citation Ticket shall contain the following information:

i.⁠	a checklist of the violations under this Ordinance;
ii.	the fines associated with each violation;
iii.	due date for compliance with the obligations imposed by the ticket.

d.

When a Citation Ticket is issued to a violator, the violator shall report to the Municipal Treasurer’s Office within three (3) regular business days after such issuance, where he or she shall either pay the fine imposed.

e.

The Municipal Treasurer’s Office shall keep a duplicate of all Citation Tickets issued to violators as well as all other records of violations of this Ordinance.

f.

The Municipal Treasurer shall take note of those who did not pay the fine after thirty (30) days and will prepare a report every thirty (30) days and furnish a copy to the PNP or barangay concerned.

 

SECTION 12. ENFORCEMENT ON PUBLIC CONVEYANCES. Members of the PNP and/or the barangay officials within their respective jurisdiction shall inspect public conveyances during their regular hours of operation and shall issue Citation Tickets upon discovery of any violation of this Ordinance. They shall forward copies of the tickets they issue to the Municipal Treasurer at least once a week.

 

SECTION 13. ENFORCEMENT ON ESTABLISHMENTS. Ninety (90) calendar days after the effectivity of this Ordinance, an inspection team composed of representatives from the Municipal Health Office, the Municipal Engineering Office, the Permits and License Office, and the implementing agencies (PNP and barangay officials) shall conduct inspections of establishments and buildings to determine their compliance with the provisions of this Ordinance. Regular inspection shall thereafter be conducted at least once a month or simultaneously with other regular inspections, whichever is more frequent, during normal hours of operation of the establishment.

The inspection team shall issue a Citation Ticket against the establishment upon finding of noncompliance with or of any violation of this Ordinance. A Citation Ticket may be issued for each day that the establishment is found to be non-compliant.

Re-inspection of the establishment shall be done on any day after the issuance of the Citation Ticket, but in no case more than ten (10) calendar days after such issuance. If the establishment fails to comply with the obligations stated in the Citation Ticket upon re-inspection, the inspection team shall recommend the suspension of the license to operate of the establishment, consistent with Section 9 (c) hereof.

 

SECTION 14. PUBLIC BILLBOARDS. Upon the effectivity of this Ordinance, the Municipal Administrator and the Municipal Engineering Office shall put up billboards in conspicuous places in the municipality to notify the public of the restrictions and sanctions imposed by the ordinance.

 

SECTION 15. REPEALING CLAUSE. All ordinances contrary to or inconsistent with this Ordinance are hereby repealed or modified accordingly.

 

SECTION 16. SEPARABILITY CLAUSE. If any part or provision of this Ordinance is declared unconstitutional or invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof.

 

SECTION 17. EFFECTIVITY CLAUSE. This ordinance shall take effect upon favorable review and approval of the Sangguniang Panlalawigan and in conformity with pertinent provisions of the Local Government Code of 1991/Republic Act No. 7160.

I hereby certify to the passage of the foregoing Ordinance which was duly approved by the Sangguniang Bayan of Urbiztondo on the 21st day of May, 2018.

ARNEL C. RUFO
Secretary to the Sanggunian

CONCURRED:

COUN. DYNA P. DE GUZMAN⁠	COUN. ZENAIDA P. ESPINOSA
COUN. VOLTER D. BALOLONG	COUN. DANILO M. TAMONDONG
COUN. PEPITO N. CALUGAY	COUN. VICENTE A. FRIAS, JR.
COUN. BRANDY M. PALISOC	COUN. MIRLA D. BALOLONG

 

ATTESTED:

VICE MAYOR MARILYN S. SISON
Presiding Officer

APPROVED:

MAYOR MARTIN RAUL S. SISON, II