Full TEXT:

ORDINANCE NO. 2024-086

AN ORDINANCE ESTABLISHING ADDITIONAL REGULATORY MEASURES IN THE OPERATION OF COMMERCIAL AND BACKYARD POULTRY, PIGGERY AND OTHER LIVESTOCK FARMS IN NAGA CITY; THEREBY AMENDING CERTAIN PROVISIONS OF CITY ORDINANCE 2017-073;

Authors: Hon. Ghiel G. Rosales
Hon. Lyka Jean S. De Leon

Explanatory Note

Despite the provisions and guidelines established under City Ordinance 2017-073, complaints about obnoxious odor and possible health hazards brought about by improperly managed farms and their untreated waste continue. Thus, upon review by the City Health Board, certain legislative amendments were recommended to ensure stricter implementation of our local policies such as, among others, the redefinition of backyard and commercial farms to expand its coverage, imposing additional requirements for its operation, and the inclusion of other City offices in the monitoring process and enforcement.

Be it, therefore, ordained by the Sangguniang Panlungsod of Naga, in session assembled, that:

SECTION 1. Section 5 (g) & (k) of City Ordinance 2016-053 is hereby amended to now read as follows:

“SECTION 5. Definition of Terms. Words and phrases used in this Ordinance shall be understood in the sense indicated hereunder:

g.) Backyard Farm – a small-scale poultry, hog or livestock-raising facility consisting of no more than Fifty (50) heads of chicken and/or Ten (10) heads of hog or other four-legged animals and livestock, provided that the number of the latter’s suckling are excluded in the count;

k.) Commercial Farm – a poultry, hog or other livestock-raising facility consisting of more than Fifty (50) heads of chickens and/or more than Ten (10) heads of hogs or livestock excluding their suckling;”

SECTION 2. Section 7 of this ordinance is also hereby amended to now read as follows:

“SECTION 7. Registered Farms. Commercial and backyard farms with valid business permit at the time of approval of this ordinance shall be allowed to continue operation within the period of validity of such business permit, provided, however, that no further expansions of commercial farms shall be allowed and undertaken from the time of effectivity of this ordinance. Activities undertaken in violation of this proviso shall result in the cancellation of the business permit and the closure of the farm.”

SECTION 3. Section 9 of the same ordinance is hereby amended to include additional requirements in the registration of farms, as follows:

“SECTION 9. Farm Registration Requirements. In addition to the existing requirements for the issuance of Business Permit, the following requirements shall be submitted/complied with for the registration of commercial farms:

e. Environmental Management Plan for solid and liquid waste signed by the designated Pollution Control Officer which shall identify the possible environmental impacts of the proposed project/activity and the measures to minimize, manage, and mitigate these impacts;
f. Copy of Wastewater Discharge Permit issued by the Department of Environment and Natural Resources – Environmental Management Bureau V;
g. Copy of Permit to Operate Generator Set;
h. Clearance Certificate issued by the City Planning and Development Office that the location of the commercial farm is compliant with the City’s zoning regulations;”

SECTION 4. Section 24 of the same ordinance is also hereby amended to now read as follows;

“SECTION 24. Wastewater Treatment. Owners or operators of commercial and backyard farms shall use a three-chamber septic tank in the draining of their wastewater. Directly discharging or depositing materials and/or water pollutants to water bodies or along its margins is strictly prohibited.”

SECTION 5. Section 30 of the same ordinance is also hereby amended to now read as follows:

“SECTION 30. Inspection. A Joint Inspection Team, composed of representatives of the City Health Office (CHO) as lead office, the City Environment and Natural Resources Office (CENRO), and the City Engineer’s Office (CEO) shall conduct a quarterly inspection and shall not be barred entry inside the farm upon presentation of proper Identification and written statement of purpose. Any act committed or caused to be committed by the owner or operator of any commercial or backyard farm that prevents or tends to bar or prevent the entry of the said representatives into the farm premises for the purpose of inspection shall be a ground for the revocation of the business permit issued therefor.

Within thirty (30) days from the effectivity of this ordinance, the duly authorized representatives of each offices shall conduct a joint inspections to determine compliance with the following requirements as are applicable to commercial and backyard farms:

2. For conventional and Tunnel Ventilated Poultry Farms

   a) Except for conventional poultry farms, poultry buildings must be completely sealed. Doors, windows, cooling pads and fan areas should be fully screened
   b) Doors and windows of warehouse used for storage of feeds are fully screened
   c) Three-chamber septic tank for waste water
   d) Mortality Pit for dead flocks
   e) Fogging equipment
   f) Compressor Sprayers for application of pest control medicines (one per building)
   g) Fully screened warehouse for storage manure
   h) Fully enclosed and screened warehouse for wet manure
   i) Pest control medicines by checking the actual stock and Sales Invoice or Official Receipt from suppliers or contract with pest control supplier showing that farm owner contacted a pest control company to either supply pest control medicines or will conduct routine pest control activities in the farm. Pest control medicines should include: (1) Green label which means low toxicity (2) attractant; (3) knockdown effect; and (4) residual effect
   j) Use of chick paper by checking the actual stock of check paper and Sales Invoice or Official Receipt from suppliers
   k) Environmental Compliance Certificate (ECC)
   n)
   l)Accreditation documents of a Pollution Control Officer

3. For Piggery and Other Livestock Farms

   a) Entire buildings are completely screened
   b) Doors and windows of the warehouse used for storage of feeds are fully screened
   c) Three-chamber septic tank for waste water
   d) Biogas Digester for conversion of waste to LPG
   e) Mortality pit for Dead hogs
   f) Compressor sprayers for application of pest control medicines (one per building)
   g) Environmental Compliance Certificate (ECC)
   h) Accreditation documents of a Pollution Control Officer

In case of deficiency, the joint inspection team shall issue a Compliance Order giving the owner/operator fifteen (15) days from receipt thereof within which to complete the requirements. Should the owner or operator fail to do so within the period given, the joint inspection team shall, within 7 days, notify the City Mayor of its findings and the latter may issue a Cease and Desist Order (CDO). If a CDO is issued, the same shall be lifted only after completion of the identified deficiency. If the owner or operator continues to operate despite the CDO, the joint inspection team shall immediately notify the City Mayor of its findings and the latter shall order the cancellation of its business permit and the closure of the farm.”

SECTION 6. Section 34 of the same Ordinance is hereby amended to now read as follows:

“SECTION 34. Inspection. The City Health Office, the City Agriculture Office, and the City ENRO shall conduct inspections on a quarterly basis and shall not be barred entry inside the commercial and backyard farms upon proper identification and statement of purpose. Any act committed or caused to be committed by the owners or operator of any commercial or backyard farm that prevents or tends to bar or prevent entry of the authorized inspectors into the farm premises for the purpose of inspection shall be a ground for the revocation of the business permit issued therefor.

Within seven (7) days thereafter the said offices shall collate and submit the report of their findings to the City Mayor, copy furnished the Sangguniang Panlungsod.”

SECTION 7. Section 40 (b.) and (c.) of the same ordinance is hereby amended to now read as follows:

“SECTION 40. Penalties.

b. Penalties for Commercial Farms. The following penalties shall be imposed upon the owners/operators/managers of commercial farms for failure to comply with any of the duties and obligations, or failure to comply with any of the other requirements for the operation of commercial farms, imposed upon them under this Ordinance:

First Violation – Fine of P5,000.00 or Imprisonment from Two (2) to Three (3) months or Both;

Second Violation – Fine of P5,000.00 and Imprisonment from Three (3) to Six (6) months;

Third Violation – Fine of P5,000.00 and Imprisonment of Seven (7) months to One (1) year.

c. Penalties for Backyard Farms. The following penalties shall be imposed upon owners/operators/managers of backyard farms for failure to comply with any of the duties and obligations, or failure to comply with any of the other requirement for the operation of backyard farms:

First Offense – Reprimand

Second Offense – Fine of P3,000.00

Third Offense – Fine of P5,000.00 and the cancellation of permit to operate the Backyard Farm.

The imposition of the penalties provided herein shall be without prejudice to the duty of the farm owner or operator to rectify and compensate for any damage that may have been caused by such failure or violation.”

SECTION 8. Separability Clause. If any section or provision of this Ordinance be declared unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 9. Repealing Clause. All ordinances, local issuances or rules and regulations inconsistent with the provisions of this Ordinance are hereby repealed and modified accordingly.

SECTION 10. Effectivity. This ordinance shall take effect upon its approval and after publication in a newspaper of local circulation.

ENACTED: August 6, 2024

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL A. DE LA TORRE
Secretary to the
Sangguniang Panlungsod

MARIKA ABA L. TAYAS
City Youth Secretary to the
Sangguniang Panlungsod

CECILIA B. VELUZ-DE ASIS
City Vice Mayor
& Presiding Officer

ALLYSA ROBELLE COMEDA
City Youth Vice Mayor &
Presiding Officer

APPROVED:

NELSON S. LEGACION
City Mayor

BRIDGET KYLE F. BERNAL
City Youth Mayor