PROHIBITING ANY PERSON OR GROUP OF PERSONS CONDUCTING A DRINKING SPREE ALONG THE PUBLIC HIGHWAYS/ROADS OR STREET IN THE MUNICIPALITY OF MARIBOJOC, BOHOL
Authored by: Kag. Leoncio E. Reselosa
Co-Authored by: Kag. Alberto E. Arangoso
Sponsored by: Committee on Public Safety
WHEREAS, it has been observed and noticed that there are persons or group of persons conducting a drinking spree just along the public highways/road or street in the municipality of Maribojoc, Bohol;
WHEREAS, having a drinking session along the road is practically a traffic, hazard that might cause damage of lives and/ or properties and likewise an eye sore to the public;
WHEREAS, once they got drunk, this will lead to the commission of another crime / offence particularly against the commuters;
WHEREAS, there is a need to pass an ordinance prohibiting people in engaging in drinking spree along the road;
WHEREAS, be it ordained by the Sangguniang Bayan of Maribojoc, Bohol in their session duly assembled that:
SECTION 1: Definition of Terms.- The following terms are defined as used in this particular ordinance;
a.) Drinking Spree – it is a drinking session participated by two or more persons taking any form of intoxicating drink.
b.) Highways – is a public thorough fare, boulevard, driveway, avenue and alley but shall not include roadway owned by a private persons.
c.) Public road – includes national, provincial, municipal or barangay roads.
d.) Via-duct – a passway adjacent to the shouldering of the road.
e.) Alley – refers to a narrow street, passageway.
f.) Traffic – Pedestrian, vehicles, streets cars, and other conveyances using any street for purpose of travel.
g.) Hazard – exposure to the chance of less, injury, risk or peril.
h.) Street – a public way with buildings in one or both sides, in a city, town or village.
SECTION 2: Regulated Act. No person or persons is/are allowed to engage in drinking spree along the public highways/roads or street in the municipality of Maribojoc, Bohol in anytime of the day or night except when specified under the provision of this ordinance.
SECTION 3: Rules and Regulations.-
a.) No person or group of persons shall drink tuba or other intoxicating drink along the public highways/roads or street in the municipality of Maribojoc, Bohol.
SECTION 4: Exemptions.-
a.) Business establishment or any person or persons maybe exempted only when there is a special occasion with the corresponding special permit issued by the Municipal Mayor.
b.) When space or portion along the road or street is so needed by any person for the purpose upon securing a special permit issued by the Municipal Mayor.
SECTION 5: Penalty.- Any violation of the provision of this ordinance shall be punished with the following fines:
1. For operator/owner of business establishments:
First Offense – P 1,000.00
Second and Third Offense – P 2,500.00 or
an imprisonment of not less than ten (10) days but not more than thirty (30) days or both at the discretion of the court.
2. For any customers/person or persons
First Offense – P 500.00
Second and Third Offense – P 1,000.00 or
an imprisonment of five (5) days but not more than ten (10) days or both at the discretion of the court.
SECTION 6: Separability Clause.- Any provision/s or part of this ordinance which may be in conflict, contrary to or against any ordinance duly approved is hereby amended or repealed accordingly.
SECTION 7: Effectivity upon its approval.
Approved: May 20, 2006
Let copies be furnished, the Sangguniang Panlalawigan of Bohol, Tagbilaran
City, Chief of Police, Maribojoc, Bohol, Office of the Mayor and the Municipal Treasurer, Maribojoc, Bohol, all barangay captains for kind consideration and implementation.
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
ENGR. GABINO C. REDULLA
Date signed: May 24, 2005