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ORDINANCE NO. 2002-061

AN ORDINANCE REVISING CITY ORDINANCE NO. 96-042:-

Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:

SECTION 1. – SECTION 1 of City Ordinance No. 96-042, is hereby amended, now to read as follows:

“SECTION 1. – TITLE. – “An Ordinance further regulating the use of roadsides and streetsides within the territorial jurisdiction of the City of Naga by mandating the towing and carting away of unserviceable or dilapidated vehicles or junks and other wares and providing penalties thereof”.

SECTION 2. – SECTION 5 of Ordinance No. 96-042 is hereby amended now to read as follows:

“SECTION 5. – PENALTIES. –

5.1 All vehicles and vehicles parts parked and/or piled upon along roadsides and streetsides as are determined in Sec. 3a and b of this ordinance are to be towed or carried away by the City Engineer’s Office team to be created for this purpose after the regulatory period of five (5) days. Such vehicle parts can be redeemed by paying a fine, thus:

5.1.a. For the 1st apprehension a fine of P1,000.00 per vehicle parts;

5.1.b. Second apprehension of same vehicle or vehicles parts P2,000.00;

5.1.c. Third offense – confiscation and sale by public auction such junk vehicle or parts together with a fine of P2,000.00;

5.1.d. Fourth Offense – confiscation of the vehicle a fine of P2,500.00 plus imprisonment of its owner or processors of not less than 15 days or both upon the discretion of the court.

5.2 Dealers of junk parts and other materials for sale who extend their pile of junk materials into the roadside or streetside outside of their property line shall be punished, thus:

5.2.a. 1st apprehension – a warning asking the owner relocate his junks in an inner place away from the roadside;

5.2.b. 2nd apprehension – a fine of P1,000.00 per kind of junk;

5.2.c. 3rd Offense – confiscation of the materials involved and a fine of P2,000.00 and imprisonment of not less than 15 days or both depending upon the discretion of the court and revocation of business permit.”

SECTION 3. – Paragraph 2, Section 6 of City Ordinance No. 96-042 is hereby amended, now to read as follows:

“SECTION 5. CREATION OF A TOWING TEAM. This ordinance authorizes and directs the City Engineer to form a Team or personnel in his office of not less than five (5) persons to conduct a periodic inspection of the roadsides and streetsides of the City and apprehend violators of the prohibitions of this ordinance.

The City Mayor is hereby authorized to enter into a Memorandum of Agreement (MOA) with a private entity setting terms of payment for such services from fees received. Expenses of the implementation of this ordinance shall be charged against a Special Fund as mentioned in Section 5 of Ordinance No. 96-042.”

SECTION 3. – EFFECTIVITY. – This ordinance shall take effect upon its approval and after publication in a newspaper of local circulation.

ENACTED: September 11, 2002.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

ESTEBAN R. ABONAL City Vice Mayor & Presiding Officer

GIL A. DE LA TORRE Board Secretary III & Secretary-Designate

APPROVED:

JESSE M. ROBREDO City Mayor