REGULATING THE OPERATION OF INTERNET CAFÉ IN THE MUNICIPALITY OF MARIBOJOC.
Authored by: Hon. Arius Ilano, Jr., Hon. Emilio J. Castilla and
Hon. Ruel Victor Vendencia
BE IT ORDAINED by the Sangguniang Bayan of Maribojoc, Bohol, that:
SECTION 1. Statement of Purpose.- It is the duty of the Sangguniang Bayan to promote the morals, education, good order or safety, peace and general welfare of the people by enacting legislative measures, through its power to abate nuisance and other regulatory rights and may prohibit all things that are harmful to the safety, comfort and welfare of society, on all economic agents including corporations, cooperatives, and similar collective organization;
SECTION 2. Scope and Limitation.- This ordinance shall govern all internet cafe’, video game, and other similar establishments, under such terms and conditions it may be prescribed herein, in the municipality of Maribojoc.
SECTION 3: Definition of Terms.- All words and phrases shall be constructed and understood according to the common and approved usage of the language, but technical words and phrases which have acquired a peculiar or appropriate meaning shall be construed and understood according to such technical, peculiar or appropriate meaning.
a. Internet Café – a computer- related technology, service provider, to engage in the business of information technology through the use of a computer (software programs) such as, including but not limited to, such as internet services, video games and other similar communication and entertainment facilities. Internet Cafés are classified as public utilities.
b. Internet – a computer- base global information system. The Internet is composed of many interconnected computer networks. Each network may link tens, hundreds, or even thousands of computers, enabling them to share information with one another and to share computational resources such as powerful supercomputers and database of information.
c. Video Game – consoles, small handled game devices, and coin-operated arcade games are special computers built exclusively for playing games. To control the games, players can use joysticks, trackballs, buttons, steering wheels (for car-racing games), light guns, or especially designed controllers that include a joystick, direction pad, and several buttons or triggers. Goggles and other kinds of virtual reality headgear can provide three-dimensional effects in specialized games. These games attempt to give the player the experience of actually being in a jungle, the cockpit of an airplane, or another setting or situation.
d. Operator / Owner – a private individual and or corporation engaged in the business of Internet Café.
e. Public Utility – a business organization which regularly supplies the public with some commodity or service. The term also applies to commodity or service itself.
f. Legislative Franchise – refers to any special privilege or right granted by the Sangguniang Bayan, by a majority vote of all its members, to private individuals or corporations to operate public utilities under such conditions and regulations as the government may impose in the public interest and public safety.
g. Weekdays.- refers to Mondays, Tuesdays, Wednesdays, Thursdays and Fridays
h. Weekends – refers to Saturdays and Sundays including Official Holidays.
SECTION 4: Special Hours for School Children and Students.-
a.) School Hours.- The school hour starts at 6:30 A.M. to 5:30 P.M. for Primary and Elementary grades. For high school and college it will start from 7:00 A.M. to 8:30 P.M. during school hours, pupils and students are directed not to use the internet ad video games.
b.) Prescribed Hours.- Elementary pupils can have an access to Internet and Video games from 5:30 P.M. to 10:00 P.M. High School and college students can use the Internet and Video games from 5:30 P.M. to 10:00 P.M.
SECTION 5: Special Authorization.- A written authorization issued by the Principal or a Classroom Teacher to any pupil or student for research purposes for a particular subject to be used as aid to his studies or lesson in school for a certain period of time during school hours.
SECTION 6: Exemption.- A pupil or students can be given a privilege to use the Internet during the regulated hours provided that the school administration will issue a special authorization for research purposes in connection of his studies.
SECTION 7: Operators / Owners Responsibilities & Duties.-
1. To be able to operate such form of Public Utility, the operator must first secure a Legislative Franchise from the Sangguniang Bayan, the terms and conditions on the grant of Franchise shall be stipulated to the best interest of both the local government and the grantee.
2. Operators and/or owners shall follow the schedules provided under this ordinance on the use of their facilities by school children and students which are directly affected by its operations thus, accessibility of their facilities may not under or impair proper education of our children.
3. Operator shall assume full responsibility on any eventualities that may arise from the hazardous and exposures to elements on the use of its facilities and non-conformity to the provisions herein subjects the operator to amendment, alteration or repeal of its franchise and to reasonable police regulations for the public interest.
SECTION 8: Use of Internet Facilities.-
The use on the facilities of an internet establishment is open within 24 hours provided the rules and regulations on the operation of an Internet Cafe’ will be fully followed by the operators.
SECTION 9: Penal Clause.-
Any violation of the provisions of this ordinance a fine of not more than P2,500 shall be imposed to the operator and the franchise so granted may be altered, amended and or revoked by the granting authority.
SECTION 10: Separability Clause.-
Any ordinance or provisions of an existing ordinance which are inconsistent therein are deemed amended, altered or repealed.
SECTION 11: Effectivity.-
This ordinance shall take effect immediately upon approval.
Approved: September 13, 2002
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ALBERTO E. ARANGOSO
Engr. GABINO C. REDULLA
Dates signed: April 15, 2003