TRAFFIC, TRANSPORTATION AND COMMUNICATION CODE OF THE MUNICIPALITY OF MARIBOJOC
Authored by: Kag. Cesar G. Campos
Kag. Leoncio E. Reselosa
Sponsored by: MASS MOTION
WHEREAS, there are urban areas in the Municipality of Maribojoc, that have started to experience a severe strain in its transport capacity;
WHEREAS, the Local Government Code of 1991 mandates the local government unit to ensure the safety, the maintenance of peace and order and the preservation of the comfort and convenience of its inhabitants;
WHEREAS, the Sangguniang Bayan recognized that the private sector can contribute significantly in the planning and implementation of traffic, transportation and communication management plans and programs in the Municipality of Maribojoc;
NOW THEREFORE, the Sangguniang Bayan of Maribojoc, Bohol in session duly assembled;
DO HEREBY ORDAIN, that:
SECTION 1: Title.-
This ordinance shall be known as the “ TRAFFIC, TRANSPORTATION AND
COMMUNICATION CODE OF THE MUNICIPALITY OF MARIBOJOC”.
Article I
Scope and Definition of Terms
SECTION 2: Scope of Code.-
The provisions of this Code shall administer and control, as far as they apply, the operation of all motor vehicles in the Municipality of Maribojoc.
SECTION 3: Definition of Terms.-.
As used in this ordinance, the following terms and phrases shall mean as follows:
1. Motor Vehicle – shall mean any vehicle propelled by any power other than muscular power using the public highways.
2. Driver – shall mean any person duly licensed to mechanically operate a motor vehicle.
3. Owner – shall mean the legal owner of a motor vehicle, in whose name such vehicle is duly registered with the Land Transportation Office.
4. Highways – shall mean every public thoroughfare, public boulevard, driveway and avenue, but shall not include roadway upon grounds owned by private persons, colleges, universities or other similar institutions.
-1-
5. Parking or Parked – shall mean that a motor vehicle which is brought to a stop on any side of a street with blinking lights on but without a driver or left unattended.
6. Public Road – includes national, provincial, municipal or barangay roads.
7. Sidewalk – refer to a narrow pathway at a side of a road intended for the use of pedestrian.
8. Lanes – refer to a narrow pathway or byway.
9. Pedestrian – means any person who is supposed to follow the crosswalk when crossing the highway avenue and municipal streets or walking on the sidewalk on the side by the highway.
10. Traffic – pedestrian, ridden or herded animals, vehicles, street cars and other conveyance either singly or together while using any street for purpose of travel.
11. Traffic Control Devices – shall mean all signs, signals, pavement markings, traffic cones placed or erected by authority of the municipal council or officials having jurisdiction for the purpose of regulating warning or guiding traffic.
12. Center Line – shall mean a continuous or broken line marked upon the surface of a roadway by paint or other control devices to indicate such portions of the roadway allocated to traffic proceeding in the two opposite directions.
13. Mark Crosswalk
Article II
Administration
SECTION 4: Municipal Traffic Management Board.-
a. Creation – there is hereby created a Municipal Traffic Management Board and shall be known and referred to as MTMB.
b. Composition of the Board – the board shall be composed of the following:
1. Municipal Mayor – Chairman
2. PNP Chief – Vice Chairman
3. SB Chairman, Committee on Public Orders and Safety
4. Municipal Planning and Development Officer
5. SB Chairman, Committee on Barangay Affairs
6. Municipal Engineer
7. Representation from NGO
8. Representative from Maribojoc Public Market Vendor’s Association
9. Representative from Maribojoc Jeepney/Bus Drivers and Operators
Association.
10. Representative from Maribojoc Tricycle Drivers and Operators
Association.
11. Representative from Maribojoc Motorcycle Associations.
c. Functions and Duties of the Municipal Traffic Management Board:
1. Conduct periodic review on the efficiency and effectiveness of the implementation of the Municipal Traffic Code.
-2-
2. Formulates traffic management schemes to educate road users in the comprehension, observance, and use of traffic signs, signal devices and controls; to provide infrastructure support to create a safe municipal road network; and enforce traffic laws in order to maintain road user discipline in the municipality.
3. Evaluates the effectiveness of the traffic management schemes being implemented by the municipal government.
4. Recommends to the Sangguniang Bayan in the drafting of new laws and ordinances regarding traffic management.
5. Performs such other functions as may be necessary to ensure the effective planning and implementation of traffic management schemes.
SECTION 5: The PNP and Other Members of the Police Department.-
a. The PNP is hereby given the authority and the primary responsibility and duty to enforce the provisions of this Code and all the national vehicle laws applicable to street traffic in the municipality of Maribojoc.
b. Officers and members of the police department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance with the provisions of this Code; Provided, however, in the event of fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions herein.
c. Officers and members of the police department are hereby authorized to display portable signs within certain intersection forbidding vehicle drivers to perform specific maneuvers. Said portable signs shall only be displayed at a specified intersection during times of emergency or traffic congestion when in the opinion of the Chief of Police such restrictions are necessary to expedite the movement of traffic.
SECTION 6: Maribojoc Traffic Aides.-
a. Creation – there is hereby created the team of Maribojoc Traffic Aides to be known as the Maribojoc Traffic Enforcers which shall be deputized by the Municipal Mayor to assist specifically in the implementation of all traffic rules and regulations.
b. Supervision – the Maribojoc Traffic Aides shall be under the supervision of the PNP and shall report on duty when called by the PNP.
c. Qualifications – a traffic aide shall be a civilian volunteer officer, physically and psychologically fir, of good moral character, 20 to 45 years of age, at least 5’4” tall, at least a high school graduate, a natural born Filipino, and a resident of the municipality of Maribojoc.
d. Screening Committee – the applicant for traffic aide must present himself personally to the Municipal Mayor before he shall be allowed to undergo screening by the Municipal Traffic Management Board (MTMB).
e. Uniforms – the traffic aides shall be provided with appropriate uniforms, equipment, and other devices to ensure efficiency in the fulfillment of their duties and responsibilities in the service.
-3-
f. Authority to Issue Citation Tickets – in the enforcement of traffic rules and regulations, the traffic aides shall be authorized to issue citation tickets for traffic violators. In addition thereto, they will assist in the implementation of anti-littering, anti-car washing and repair and other existing ordinances and laws whose violations take place in the streets and other public places.
g. Remuneration – the traffic aide shall receive an honorarium of P15.00 per hour when called on duty to assist in the implementation of all traffic rules and regulations.
Article III
Operation of Motor Vehicles
SECTION 7: License to Drive Motor Vehicles.-
a. No person shall operate any motor vehicle without having in his possession a valid license to drive a motor vehicle.
b. Penalty –
1. Failure to carry a driver’s license while driving, Two Hundred Pesos (P200.00)
2. Driving a vehicle with a delinquent or invalid driver’s license, Two Hundred Fifty Pesos (250.00)
3. Driving a motor vehicle without first securing a driver’s license, Five Hundred Pesos (P500.00)
Article IV
Accessories of Motor Vehicles
SECTION 8: Headlights.-
a. Every motor vehicle of more than one meter of projected width, while in use on any public highway shall bear two headlights, one on each side, with white or yellowish light visible from the front, which not later than one-half hour after sunset and until at least one-half hour before sunrise and whenever weather condition so requires, shall both be lighted.
Additional lamps and light may be carried, but not red lights shall
be visible forward or ahead of the vehicle. Trucks, buses, trailers, and other similar vehicles must carry, while in use of any public highway during night time, colored riding lights on each of the four corners not more than ten centimeters from the top.
All motor vehicles shall be equipped with devices for varying the intensity of light, and the driver must dim the headings or tilt the beams downward whenever the vehicle is being operated on well lighted streets within the municipality or whenever such vehicle meets another vehicle on any public highway.
b. Penalty – violations of this section, a fine of not less than One Hundred Pesos (P100.00)
-4-
Article V
Traffic Rules
SECTION 9: Right-Side Driving.-
Unless a different course of action is required in the interest of the safety and security of life, person or property, or because of unreasonable difficulty of operation in compliance herewith, every person operating a motor vehicle or an animal-drawn vehicle on a highway shall pass to the right when meeting vehicles coming toward him and to the left when overtaking vehicles going the same direction, and when turning to the left in going from highway to another, every vehicle shall be conducted to the right of the center of the intersection of the highway.
SECTION 10: Speed Restrictions.-
a. Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, and width of the highway, and of any condition then and there existing, and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and property of any person, not at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.
b. Subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle shall not exceed the following:
MAXIMUM ALLOWABLE SPEED
MOTORCYCLES, CAR, MOTOR TRUCKS
JEEPNEY AND THE LIKE AND BUSES
1. On open highways or country roads, with no “blind corners” and not closely bordered by habitations….. 80 km. per hour – 50 km. per hour
2. On “through streets” or avenues clear or traffic, with no “blind corners”…..40 km. per hour – 30 km. per hour.
3. On municipal streets and roads when not identified as “through street”… 30 km. per hour – 3-km. per hour
4. Through crowded streets, approaching intersections at “blind corners” passing public market and school zones, passing other parked vehicle or for similar dangerous circumstances …… 20 km. per hour – 20 km. per hour.
c. Exemptions – the rates of speed here-in above prescribed shall not apply to the following:
1. A physician or his driver when the former responds for emergency calls;
2. The driver of a hospital ambulance on the way to and from the place of accident or other emergency.
3. Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic or any other similar place.
-5-
4. The driver of a motor vehicle belonging to the PNP Armed Forces while in use for official purposes in riot, insurrection or invasion or in response to an emergency or crisis situation;
5. The driver of a vehicle, when he or his passenger are in pursuit of a criminal.
6. A low-enforcement officer who is trying to overtake a violator of traffic laws; and
7. The driver of any fire department vehicle to respond to fire conflagration.
SECTION 11: Overtaking a Vehicle.-
The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the highway until safety clear of such overtaken vehicle except that, on the highway, within a business or residential district, having two or more lanes for movement of traffic in one direction, the driver of a vehicle may overtake and pass another vehicle on the right. Nothing in this Article shall be construed to prohibit a driver overtaking and passing upon the right of the other vehicle which is taking or about to make a left turn.
SECTION 12: Giving Way of Overtaking Vehicle.-
The driver of a vehicle about to be overtaken by another vehicle approaching from the rear shall give way to the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
SECTION 13: Restriction on Overtaking and Passing.-
a. The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is clearly visible, and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in safety.
b. The driver of a vehicle shall not overtake or pass another vehicle proceeding in the same direction, when approaching the crest of a grade, nor upon a curve in the highway, where the driver’s view along the highway is obstructed within a distance of five hundred (500) feet ahead, except on a highway having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle. Provided, that on a highway, within a business or residential district, having two or more lanes for movement of traffic in one direction, the driver of a vehicle may overtake or pass another vehicle on the right.
c. The driver of a vehicle shall not overtake or pass or attempt to pass, any other vehicle, proceeding in the same direction, between any points indicated by placing of official temporary warning or caution signs indicating that men are working on the highway.
d. The driver of a vehicle shall not overtake or pass, or attempt to overtake or pass, any other vehicle proceeding in the same direction in any “no-passing or over-taking zone”.
-6-
SECTION 14: Right of Way.-
The following rules shall be observed in yielding the right of way.
a. When two vehicles approach or enter on intersection at the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise provided herein. The driver of any vehicle traveling at any unlawful speed forfeits any right of way which he might otherwise have hereunder.
b. The driver of a vehicle approaching but not having entered an intersection shall yield the right of way to a vehicle within such intersection of turning therein to the left across the line of travel of such first mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required herein.
c. The driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestrian crossing such highway within a crosswalk, except an intersection where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway within a business or residential district, at any point other than the crosswalk, shall yield the right of way to vehicles upon the highway.
d. The driver of the vehicle upon a highway shall bring full stop such vehicle before traversing any “through street”; Provided, hazard exists, the vehicle may be allowed down to ten (10) kilometers per hour instead of bring it to a full stop.
SECTION 15: Exemption to Right of Way Rule.-
a. The driver of a vehicle entering a highway from a private road or drive shall yield the right of way to all vehicles approaching on such highway.
b. The driver of a vehicle upon a highway shall yield the right of way to a police or fire department vehicle or ambulance when such vehicle is being operated on official business and the driver thereof sounds audible signal of his approach.
c. The driver of a vehicle entering a “through street” of “stop intersection shall yield the right of way to all vehicles approaching in either direction on such “through street”. Provided, that nothing in this section shall be construed as relieving the driver of any vehicle being operated on a “through street or highway” from the duty of driving with due regard to the safety of vehicles entering such highway or street nor as protecting the said driver from the consequence of an arbitrary exercise of such right of way.
SECTION 16: Signal on Starting Stopping or Turning.-
a. The driver of any vehicle upon a highway before starting stopping or turning from a direct line, shall first see that such movement can be made in safety, and if any pedestrian may be affected by such sounding the horn, and whenever the operation of any other vehicle approaching or following may be affected by such movement, shall give signal plainly visible to the driver of such other vehicles of the intention to make such movement.
b. The signal herein required shall be given by means of extending the hand and arm beyond left side of the vehicle, or by any approved mechanical or electrical signal device.
-7-
SECTION 17: Turning at Intersections.-
The following shall observed when turning at intersections.
a. The driver of vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway and, in turning shall keep as close as possible to the right-hand curb or edge of the highway.
b. The driver of a vehicle intending to turn to the left shall approach such intersection in the lane for the traffic to the right of and nearest to the center of line of the highway, and in turning shall pass to the left of the center of the intersection, except that, upon highways laned for traffic and upon one-way streets, a left turn shall be made from the left lane of traffic in the direction in which the vehicle is proceeding.
c. For the purpose of this Section, the center of the intersection shall mean the meeting of the medial lines of the highways intersecting one another, except when it is occupied by a movement, grass plot or any permanent structure, other than a traffic control device.
SECTION 18: Stopping, Standing or Parking Prohibited in Specified Places.-
No person shall stop, or park a vehicle or motorcycle except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer in any of the following places:
a. On a sidewalk, except as otherwise provided herein;
b. Within four feet of either of a public or private driveway;
c. Within an intersection;
d. Within six meters of the intersection of curb lines;
e. Within four meters of the driveway entrance to any fire station;
f. Within four meters of a fire hydrant;
g. On a crosswalk.
SECTION 19: Penalty for Violation.-
For violation of any provisions of this Article, a fine of not less than One Hundred Pesos (P100.00)
Article VI
Miscellaneous Traffic Rules
SECTION 20: Traffic Control Devices.-
a. Obedience to Official Traffic control Devices.
The driver of any vehicle shall obey the instructions of any official
traffic control device applicable thereto, placed or erected in accordance
with the provisions of this code.
-8-
b. Traffic conditions
A driver of a vehicle shall always be alert pedestrians, bicycles,
motorcycles, tricycles and parked cars. Drivers must have a good driving skill when driving on municipal urban streets.
c. At Intersections.
1. Stay on the proper lane.
2. Slow down your speed if you want to turn.
3. Use your signal light before you turn.
4. Stay on the proper lane after your turn.
d. Ambulance, fire Trucks, Police and Military Vehicles.
A driver of a vehicle shall yield the right-of-way to all fire trucks,
ambulance, police and military vehicles which are on emergency or official missions. You can usually notice them by their sirens.
Pull to the right, slow or stop as soon as you hear the emergency siren of these vehicles. Always make it easy for them to pass.
e. Interference with official Traffic controls Devices, signs.
No person shall without lawful authority, attempt to or in fact alter,
deface, injure, knock down or remove any official traffic control devices, sign or any inscription, shield or insignia thereon, or any other part thereof.
f. Penalty.
Any person found violating any provision of this section shall be
liable to pay the fines and/or imprisonment herein below prescribed;
First Offense – P100.00
Second Offense – P200.00
Third Offense – P300.00 or imprisonment of not less
than 3 days or both upon the
discretion of the court.
SECTION 21: Reckless Driving.-
No person shall operate a motor vehicle on any highway recklessly or without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibly and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property of the safety or rights of any person or so to cause the excessive unreasonable damage to the highway.
SECTION 22: Right of Way for Police and Other Emergency Vehicles.-
Upon the approach of any police or fire department vehicles, or of an ambulance giving audible signal, the driver of every vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge of a highway, clear of any intersection of highways and shall stop and remain in such position unless directed by a peace officer or until such vehicles shall have passed.
-9-
SECTION 23: Hitching to a Vehicle.-
No person shall hang on to, or ride on, the outside or the rear end of any vehicle and no person on a bicycle, roller skate or other similar device, shall hold fast to or hitch on to any moving vehicle, and no driver shall knowingly permit any person to hang on to or ride on the outside or rear end of his vehicle or allow any person on a bicycle, roller skate or other similar device to hold fast or hitch to his vehicle.
SECTION 24: Driving while under the Influence of Liquor or Narcotic Drugs.-
No person shall drive a motor vehicle while under the influence of Liquor or narcotic drug.
SECTION 25: Obstruction of Traffic.-
No person shall drive his motor vehicle in such a manner as to obstruct or impede the passage of any vehicle nor while discharging or taking passengers or loading or unloading freight, the free passage of other vehicles on the highway.
SECTION 26: Regulating the use of any portion of any public roads, sidewalks, alleys, or lanes.-
No person shall use any portion of any public roads, sidewalks, alleys, or lanes, for the following purposes:
a. Drying of apparels, whatever kind of cereals, buri palms or other agricultural products;
b. Repairing and washing of vehicles and other home appliances.
c. Bathing or laundering or other similar purposes.
d. Hawking or peddling of any goods, merchandise, wares or any articles of commerce.
e. Placing of construction materials or waste materials of demolished/renovated buildings.
f. Installation of business stalls, advertisement or other similar ogjects.
g. Placing junk or unused vehicles.
h. Parking areas for motorcycles and tricycles, including big vehicles except in designated parking areas.
Any person who violates this section shall suffer the following penalties:
1. First violation – notice of warning will be served to the owner/operator to stop the said use
2. Second violation – failure to stop the said use after the grace period of three (3) days, a fine of Two Hundred Pesos (P200.00) or imprisonment of not less than ten (10) days but not more than thirty (30) days or both such fine and imprisonment shall be imposed at the
-10-
SECTION 27: Abandoned/Unattended Motor Vehicles / Trailers on Public Highway and/or Municipal Streets.-
a. Abandoned Vehicles on Public Highway.
No person natural or juridical shall abandon any vehicle on the public highway. The Chief of police is hereby authorized to remove or cause to be removed any such abandoned vehicles from the highway and/or municipal streets, and the registered owner of such vehicle shall be liable for all reasonable expense incurred by such removal. Leaving vehicles unattended to for more than 24 hours shall constitute abandonment within the meaning of this section.
b. Unattended Motor Vehicle
No person operating or incharge of a motor vehicle shall permit it to stand unattended without first stopping the engine, looking if ignition, removing the ignition key from the vehicle and effectively setting the brakes thereon, and when standing upon any grade, turning the front wheels to the curb or side of the highway.
c. Penalty.
Anyone who violates this Section shall be subject to the following penalty.
First Offense – P200.00
Second Offense – P300.00
Third Offense – P500.00 or imprisonment of not less
than two (2) days or both upon the discretion of the court.
SECTION 28: Authority to Store Vehicles.-
Member of the PNP are hereby authorized to remove a vehicle from a highway or municipal street to the nearest garage or other place of safety under the circumstances herein enumerated.
1. When a vehicle upon a highway is so disabled as to constitute an
obstruction to traffic and the person or persons incharge of the vehicle
are, by reason of physical injury, incapacitated to such an extent as to
be unable to provide for its custody or removal.
2. When any vehicles is left unattended upon a street and is so parked
illegally as to constitute a definite hazard or obstruction to the normal
movement of traffic.
3. When any vehicle is left unattended upon any street, avenue or causeway where such vehicle constitute an obstruction totraffic.
4. When any vehicle is left unattended and parked infront of a public or private driveway so as to constitute an obstruction to vehicular traffic using such driveway for purpose of egress and ingress.
5. When any vehicle is left unattended upon any street within ten (10) feet off a fire hydrant, an a crosswalk/pedestrian lane and within the intersection.
-11-
SECTION 29: Authority to Dispose of Unclaimed Vehicles.-
The Chief of Police is hereby authorized and empowered to recommend to the Municipal Mayor the disposal of vehicles which have been taken in custody by the Chief of Police or his authorized subordinates. Such disposition shall be at Public auction under such procedure as the Sangguniang Bayan shall establish. Written notice of such auction shall be sent to the last known registered owner by registered mail, addressed to the owner’s last known address at least ten (10) days prior to the date of auction, and said auction shall be held not earlier than sixty (60) days after date upon which such vehicles shall have beentaken into custody. Any person entitled to such vehicle may claim the same at any time prior to such auction upon payment of all costs and expenses relating to the towing and storage of such vehicle by the police or his authorized subordinates.
The funds derived from any such auction shall be used to defray the expenses of such auctions shall be used to defray the expenses of such auctions and any other expenses incurred in taking into custody or keeping such vehicles, and the balance, if any, shall become part of the General fund.
SECTION 30: Conveyance.-
No person operating a passenger vehicle or tricycle shall deny conveyance of passengers to proper destination within this municipality, except when such driver/operator, at appropriate time is going to take his meal or retire for a reasonable cause.
SECTION 31: Crosswalks.-
The following areas are hereby declared as crosswalks:
1. Along San Vicente St. at the entrance and exit of Maribojoc Public Market.
2. Along Redulla St. at the entrance and exit gate of Maribojoc Public Market.
3. Along Echavez St. at the entrance and gate of Maribojoc Public Market.
4. Along Rizal St. at the exit gate of Maribojoc Cultural & Sports Center.
5. Along Echavez St. at the main gate of MCSC.
6. Along Bendejo St. infront of Maribojoc Municipal Hall.
7. Along Sta. Cruz St. at the entrance and exit gate of San Vicente Parish Church and St. Vincent Institute.
8. Along San Vicente and Corner of Descallar St.
9. Along San Vicente St. corner Santa Cruz St. and vice-versa.
10. Along the Provincial Roads and National Highway infront of the Elementary/ Secondary School.
SECTION 32: Right Side Street Parking Only.- All four-wheeled vehicles including motorcycles except heavy equipment are allowed right side parking on the following streets:
Name of Streets From To
Hugo St. San Vicente St. Rizal St.
Sta. Cruz St. Bendejo St. San Vicente St.
SECTION 33: No Parking on Loading and Unloading Zones – All motor vehicles including motorcycles are not allowed to park on the following designated loading and unloading zones.
= On San Vicente St. infront of Maribojoc Public Market, from the Maribojoc Public market ticketing office to WL Store ( 5 meters before Echavez St.)
-12-
= On Redulla St. at the back of Maribojoc Public Market, 5 meters from the Echavez St. up to the entrance and exit gate of Maribojoc Public Market.
SECTION 34: Overnight Parking Prohibited.- Overnight parking on all national roads for cargo / delivery trucks, service vehicles, tankers, heavy equipment and passenger vehicle is prohibited from 9:00 P.M. to 6:00 A.M.
SECTION 35: One Way Streets.- The following streets are designated as one way streets for all motor vehicles, including motorcycles and tricycles.
Name of Streets
From To
San Vicente Sta. Cruz St. Echavez St.
Padonia St. Echavez St. Campos St.
Echavez St. San Vicente St. Bendejo St.
Sta. Cruz St. Bendejo St. San Vicente St.
Sta. Cruz St. Redulla St. San Vicente St.
Hugo St. San Vicente St. Rizal St.
Bendejo St. Echavez St. Sta. Cruz St.
SECTION 36: Person Propelling Push Cart to obey Traffic Regulations.-
Any person propelling any such cart upon a roadway shall be subject to the provisions of this Code applicable to the driver of any vehicle except those provisions which their very nature can have no applications.
SECTION 37: Use of Coasters, roller skates and Similar Devices Restricted.-
No person upon roller skates or riding in or by means of any coasters, toy vehicles or similar device shall go upon any roadway except while crossing a street. When so crossing such person shall be granted all of the right and shall be subject to all of the duties applicable to pedestrians.
SECTION 38: Penalty for Violations.-
Any person who violates any provision of this Article not herein otherwise covered by a specific penalty shall be punished by a fine of not less than Three Hundred Pesos (P300.00) but not more than One Thousand Pesos (P1,000.00) and or imprisonment of not less than five (5) days or both fine and imprisonment at the discretion of the court.
Article VII
Parking Areas
SECTION 39: Jeepneys and Mini-Buses Parking Area
a. Designated area – a portion of Sta. Cruz St. from Redulla St. to San Vicente St. is hereby designated as Jeepneys and Mini-Buses Parking Area. All passenger jeepenys and mini-buses for Tagbilaran shall park along the side of Francisco’s Escabarte’s residence. The parking area shall be used exclusively for passenger vehicles routing Maribojoc to Tagbilaran and Vice versa. The parking fee shall be P10.00 per day.
b. Rules and Regulation :
1. Passenger jeepneys and mini-buses coming from Tagbilaran may round along circumferential road in Poblacion to unload passengers and cargoes.
-13-
2. Passenger jeepneys and mini-buses cannot park in the street of Poblacion to wait for passengers on the specified parking area.
3. All jeepneys and mini-buses bound for Tagbilaran shall follow the “Turnohay System” after paying the parking fee.
4. “Barok System” or picking of passengers outside the terminal and outside the route is absolutely prohibited.
d. Penalty – any person who violates any provision of this section shall be punished by a fine of Three Hundred Pesos (P300.00) but not more than One Thousand Pesos (P1,000.00) or an imprisonment of five (5) days but not more than ten (10) days or both such fine and imprisonment at the discretion of the court.
SECTION 40: Tricycle Parking Area.-
a. Designated area – the street shoulder along the public market from the
Public market ticket booth to the corner of Sta. Cruz Street shall be
designated as tricycles parking area. Tricycle that avail of the use of the
parking area shall pay a Parking Fee of P2.00 per day.
b. Rules and Regulations.-
1. All tricycle drivers shall parked their tricycles at the Tricycles Parking Area parallel diagonal-parking to San Vicente St.
2. Tricycles that cannot be accommodated at the Tricycle Parking Area shall be parked at the street shoulder along Sta. Cruz St. from Bendejo St. to San Vicente St. waiting for their turn to be accommodated at he Tricycle parking area.
3. Tricycles shall not be allowed to park anywhere infront of the Maribojoc Public market except in the designated tricycles parking area.
c. Penalty – any person who violates any provision of this section shall be punished by a fine of One Hundred Pesos (P100.00) but not more than Three Hundred Pesos (P300.00) or an imprisonment of five (5) days but not more than ten (10) days or both such fine and imprisonment at the discretion of the court.
Article VIII
Garage and Terminal
SECTION 41: Garage and/or parking area for hauling services and/or construction Works and all other vehicles.-
a. Regulated Acts.-
1. No person shall engage in hauling services and/or construction works without a garage and / or private parking area for its / his motor vehicles, push carts
2. It shall be unlawful for any firm or person engaged in hauling services and/or construction works to park its/his motor vehicles, push carts, trucks other heavy equipment and all other vehicles along the road except when loading or unloading cargoes.
-14-
3. All private terminals for business are required to comply the required to comply the required payments at the Municipal Treasurers Office.
b. Penalty – any parson who violates any provision of this section shall be punished by a fine of Three Hundred Pesos (P300.00) but not more than One Thousand Pesos (P1,000.00) or both such fine and imprisonment at the discretion of the court.
Article IX
Transportation
SECTION 42: Bicycle.-
a. Regulated Acts – no person shall operate bicycle of whatever kind unless he register his bicycle in the office of the Municipal Mayor and pay to the Municipal Treasurer’s office the registration plate number duly issued in connection therewith.
b. Rules and Regulations ;
1. The registration plate number shall be placed properly at the rear portion of the bicycle. Said bicycle must be provided at all times with bell, horn, or any other paraphernalia to give alarm to pedestrians of its approach.
2. No person driving a bicycle is allowed to enter inside the public market.
3. Nobody is allowed to conduct a bicycle joy riding on the following streets;
3.1 San Vicente St.- from Fernandez’ residence to Ponciano
Ramasola’s residence.
3.2 Echavez St. – from Ponciano Ramasola’s residence to Ruben Delarmente’s residence.
3.3 Sta. Cruz St. and Bendijo St. – from Ruben Delarmente’s residence to Kwan Yut Bakery.
c. Penalty – for violation of any provision of this section, the bicycle shall be impounded and the same be returned only after the necessary release paper to be issued by the police authorities and the same can be taken by the owner only upon payment of impounding fee of P10.00 for the first offense, P20.00 for the second offense, and P30.00 for the third and subsequent offenses, plus an additional P5.00 per day after the first two (2) days of impounding in every case.
SECTION 43: Motorized Tricycle.-
a. Definition of Terms
Motorized Tricycle –for-hire – is a motor vehicle composed of a motorcycle fitted with a single-wheel side car operated to render transport service to the general public for a fee.
-15-
Private Motorized Tricycle – shall refer to a motorcycle with a wheeled side car unit bearing no body number and with a private plate utilized or operated for some personal or specific purpose other than a public utility within the Municipality of Maribojoc.
Franchise Certificate Motorized Tricycle Operator’s Permit (MTOP) – is a document granting franchise or license to operate issued to a person, natural or juridical, allowing him / it to operate motorized tricycle – for-hire – him in the municipality of Maribojoc.
b. Regulated Acts – no person shall engage in the operation of motorized tricycle-for-hire without first securing a “franchise” from the Sangguniang Bayan and a Mayor’s Permit and license from the Office of the Mayor and pay the fee imposed under the Maribojoc Revenue Code.
c. Administrative Provision.-
1. The applicant shall apply for an operator’s permit with the office of the Mayor. Every week, the office of the Mayor shall forward to the Sangguniang Bayan the list of the persons shall forward to the Sangguniang Bayan the list of the persons who applied to operate.
2. The Sangguniang Bayan in its session will consider or deliberate on the application for franchise and by a Sanggunian resolution approve or disapprove the application for a franchise to be known as “Franchise Certificate”. The Sangguniang Bayan resolution shall contain the name or names of the personor persons whose application for franchise is approved or disapproved and specifying the date of effectivity and expiration of the franchise and all other conditions necessary.
3. If the application is approved, the same will be transmitted immediately to the office of the Mayor. In case the application is disapproved, the same shall be transmitted back to the office of the Mayor with the reasons for its disapproval.
4. The Sangguniang Bayan will furnish the barangay copy of the approved resolution allowing the motorized tricycle-for-hire to operate within the municipality.
5. Each applicant whose application had been approved shall be issued a “Franchise Certificate” which shall be completely filled-up and certified by the Secretary of the Sangguniang Bayan by authority of the Sangguniang Bayan. It shall be displayed in the tricycle unit together with the Mayor’s Permit.
6. The franchise granted, unless earlier revoked or otherwise provided for by the Sangguniang Bayan, shall be valid for a period of three (3) years and renewable thereafter. The franchise shall be non-transferable except with the consent of the Sangguniang Bayan.
7. A Mayor’s Permit is valid for one (1) year only from January 1 to December 31 of the current year. Operators who fail to renew their permits on the first twenty (20) days of January of the current year shall pay an additional fee of 25% penalty based on the regular fee for renewal. Failure of the operator to renew on the specified date shall automatically relinquish their privilege to operate.
-16-
8. The Mayor from time to time may order the checking or through inspection of motorized tricycle-for-hire in order to determine their road worthiness to transport passengers or cargoes by any inspecting officer duly designated or authorized by the Municipal Mayor.
SECTION 44: Rules and Regulations in the operation of Motorized Tricycle.-
1. The operation of motorized tricycle within the municipality of Maribojoc shall be for private, public, or commercial purposes.
2. The measurement of the side car shall not exceed in length the motor vehicle to which it is attached, and not to exceed 1.60 meters in width from the tip of the left handle bar of the motorcycle to the extreme right edge of the side car. A permanent cover shall be constructed over the driver.
3. Motorized tricycle operators shall provide their respective units with an extra tire, and inner tube, both in good condition. The units must be equipped with a complete lights, front and rear, strong brakes, horns and shock absorbers; and it must be fitted with a four stroke engine to have ample power to carry the sidecar and its passengers, and to minimize if not totally eradicate smoke belching of the units; and installed silencer to suppress the noise of the engine at any time.
4. Motorized tricycle operators are required to provide receptacles for trash in their vehicle with the use of plastic bags.
5. A number to be determined and recorded by the Chief of Police with a size of ten (10) inches square shall be printed conspicuously inside the side car facing the passenger and the same number of the same size shall likewise be placed infront and the back of the side car. A name of the tricycle line shall be printed at the right side of the sidecar in big letters. Ex. “Juan de la Cruz line”
6. No motorized tricycle shall be allowed to operate without registration plate issued by the Municipal Treasurer upon payment of the cost thereof.
7. Tricycle operator shall install a warning red light at the top of the sidecar to inform the public that a dangerous person is riding in the tricycle.
SECTION 45: Capacity of Motorized Tricycle.-
a. Motorized Tricycles shall be registered with the Mayor’s Office for a capacity of not more than four (4) passengers.
b. Riding at the back of the driver or backriding by only one passenger on the back seat of the motorcycle of a motorized tricycle is hereby allowed or permitted. Provided that a 5 inches by 10 inches footrest is tucked at the lower left rear portion of the motorcycle for the convenience of the backrider and protection of his/her feet from sliding into a driving chain and spokes of the rear wheel.
SECTION 46: Registration of Motorized Tricycles.-
a. Any operator applying for a license or renewal of license must establish ownership of motorcycle and of the sidecar.
-17-
b. Operators shall before registration with the Office of the Mayor, secure insurance with the reputable insurance company to answer for third party liability arising from the operation of the service.
c. Substitution of another motorcycle also owned by the operator, can be done only after this is reported to and approved by the Municipal Mayor who shall furnish pertinent data to the PNP.
d. No person shall be allowed to register directly or indirectly more than two (2) motorized tricycles-for-hire under his name without prejudice to the operators who owned and registered under his name more than two (2) motorized tricycle-for-hire prior to the enactment of this provision.
e. It shall be unlawful for any registered owner/operator of motorized tricycle-for-hire to use the names of other persons or “dummy” in order to circumvent the provision of the preceding section hereof.
f. Operators of motorized tricycles-for-hire are not allowed to sell, donate, lease, mortgage or encumber in any manner to any person their privilege to operate motorized tricycle-for-hire in the municipality of Maribojoc. Provided, however that if an operator of a motorized tricycle-for-hire sells or conveys his unit, his Mayor’s Permit if granted shall be treated as a new applicant.
g. All tricycle for hire shall pay a registration fee as mandated in the Revenue Code within January 1 to January 20 and beyond these dates a surcharges of 25% will be imposed.
h. The deadline for tricycle registration shall be at the end of February of every year and failure to register means stop of operation of said unit in the Municipality of Maribojoc.
SECTION 47: Duties of Drivers.-
a. All drivers of motorized tricycle-for-hire shall be registered in the Office of the Mayor and PNP for record purposes. The driver shall furnish the PNP a copy of his picture and other copy of the same picture with his name printed thereon shall be placed inside the side car facing the passenger.
b. In the absence of the regular, the operator can hire services of an Extra Driver and shall likewise register the said Extra Driver. No fees shall be prescribed in the registration of drivers. An extra driver shall be registered with the following requirements, to wit:
1. LTO license (active)
2. 2×2 picture
3. Community Tax Number
4. Barangay Clearance
5. Police Clearance
c. The office of the Mayor shall prepare a separate book, or any other system of recording in which shall be indicated the name of the driver, the professional driver’s license number, his status whether regular or extra, the motorized tricycle number, the name of the owner or operator and the address of both the driver and the owner or operator.
d. All drivers of for motorized tricycle are required to become member of any active organization which shall principally aim to discipline, train, educate, and promote the welfare and well-being of its members of their own choice.
-18-
e. All drivers of for-hire motorized tricycle must undergo a seminar on public service, traffic rules and regulations and ordinances affecting them, which will be conducted by the PNP, after which a certificate of attendance with a 2X2 photo will be issued to the successful participants which is to be hanged inside the tricycle infront of the passenger’s seat by the driver on duty.
f. All drivers, when on duty, should wear identification card issued by the Office of the Mayor as an official and extra driver of said tricycle unit.
g. All complaints against any driver especially on conveyance should be referred to the police and also to the organization where he may belong.
h. As an incentive and encouragement to drivers and associations, the office of the Mayor shall give awards to worthy and deserving drivers and associations which shall be done during the culmination rites of every seminar.
i. Every driver shall wear either T-shirt or Playboy, long pants, shoes. He shall observe personal hygiene at all times.
j. Wearing of slippers and short pants are strictly prohibited while driving
k. Smoking while driving is strictly prohibited.
l. No driver shall leave or stay away from his vehicle being parked for the purpose of fetching, passengers at the Maribojoc Public Market and other public places. Drivers may leave their vehicle only when urgently necessary like attending to personal necessities.
SECTION 48: Fare Rates.-
a. Herein below provided are the fare rates of motorized tricycle-for-hire being operated in the municipality of Maribojoc, to wit:
DESTINATION RATES
From To
Poblacion within Poblacion – Php 5.00
Poblacion – Dipatlong Highway – 5.00
Poblacion – Dobdob Chapel – 5.00
Poblacion – Concepcion Chapel – 8.00
Poblacion – Saug (Med.) Bayacabac – 6.00
Poblacion – Bayacabac Elem. School – 8.00
Poblacion – Anislag – 5.00
Poblacion – San Vicente – 5.00
Poblacion – Lincod (Baas) – 6.00
Poblacion – Lincod (Abatan) – 7.00
Poblacion – Punsod (Brgy. Hall) – 6.00
Poblacion – Punsod (Elague) – 8.00
Poblacion – Punsod (Rosario Chapel) – 12.00
Poblacion – Aliguay – 12.00
Poblacion – Cayaman, Jandig – 6.00
Poblacion – Jandig elem. School – 12.00
Poblacion – Bood – 5.00
Lagtangon
Poblacion – Guiwanon – 6.00
Poblacion – Crossing Watch Tower – 8.00
Watch Tower (Pta. Cruz) – 10.00
-19-
b. Drivers/or operators who charge higher fares other than which are fixed under this code shall be fined accordingly.
1. 1st Offense – P 200.00
2. 2nd Offense – P 500.00
3. 3rd offense – P1,000.00 and revocation of franchise/permit
SECTION 49: Penalties for Violation.-
Operating motorized tricycle-for-hire without a valid franchise, a fine of not less than Five Hundred Pesos (P500.00) but not more than One Thousand Pesos (P1,000.00) or an imprisonment of not less than ten (10) days but not more than six (6) month or both such fine and imprisonment at the discretion of the court.
Article X
Citations and Arrest
SECTION 50: Citation Tickets.-
For every traffic violation, the offender is issued a Citation Ticket by any member of the PNP or any member of the Maribojoc, Traffic Enforcers (MTE) directly said offender to personally report and appear before the PNP Chief within seven (7) days from the date of issue of said citation ticket for the purpose of recording in the Log Book the name of said offender and the traffic violation, and further directing said offender to pay a fine at the Municipal Treasurer’s Office.
However, if the traffic violator reports to the PNP Chief within the reglamentary period of seven (7) days, he shall be entitled to a “compromise” payment of less twenty (20) percent of the fine. After the lapse of reglamentary period the violator shall not be entitled anymore of the said compromise payment of less than twenty percent of the fine imposed upon him.
SECTION 51: Procedure upon Apprehension.-
a. Except when authorized or directed by law to immediately take a person arrested for violation of the traffic laws before a magistrate any authorized PNP officer or any traffic officer upon making an arrest for violation of this code and ordinances of the municipality of Maribojoc shall take the name, address and operator’s license number of the alleged violator and the registered number of the motor vehicle involved shall issue to him a citation ticket warning him to answer to the charge against him at a place and at the time within seven (7) days after such arrest.
b. In every case when a citation is issued the original of the same shall be given to the violators.
SECTION 52: Failure to Obey Summons.-
Any person who fails to appear at the place and within the time specified in the summon or citation issued to him by an officer upon his arrest for any traffic violation is guilty of misdemenssor regardless of the disposition of the charge he was arrested.
-20-
Article XI
Accidents
SECTION 53: Duty of Driver in Case of Accident.-
In the event that any accident should occur as a result of the operation of a motor vehicle, the driver of that vehicle shall stop immediately, and if required by any person present shall show his driver’s license, give his true name and address and also the true name and address of the owner of the motor vehicle.
No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:
a. If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident;
b. If he reports the accident to the nearest officer of the law; or
c. If he has to summon a physician or nurse to aid the victim.
SECTION 54: Accidents Involving Death or Personal Injuries.-
The driver of any vehicle in an accident resulting in injury or death of any person shall immediately stop such vehicle at the scene of accident or a close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements provided herein. Every such stop shall be made without obstructing traffic any more than is necessary.
SECTION 55: Accidents Involving Damages to a Vehicle.-
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements provided herein. Every such stop shall be made without obstructing traffic any more than is necessary.
SECTION 56: Duty to Give Information and Render Aid.-
The driver of any vehicle involved in an accident resulting in injury or death of any person or damage to any vehicle or other property damage shall give his name and the vehicle, license number of the vehicle he is driving and shall upon request exhibit his driver’s license to the person injured in such accident reasonable assistance including the carrying or the making of arrangement for the carrying of such person to a physician necessary or if such carrying is requested by the injured person.
SECTION 57: Duty Upon Striking Unattended Vehicle.-
The driver of any vehicle collides any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and for the owner of the vehicle striking the unattended vehicle together with the license number of said vehicle and shall leave in conspicuous place in the vehicle struck a written notice giving the name and address of the driver or the owner of the vehicle doing the striking together with the license number of said vehicle and the statements of the circumstances thereof.
-21-
SECTION 58: Duty Upon Striking Fixtures Upon a Highway.-
The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a street or highway shall take reasonable steps to locate and notify the owner or person in charge of such properly of such fact and of his name and address and of the vehicle license number of the vehicle he is driving and shall upon request exhibit his driver’s license and shall make report of such accident when and as required by this code.
SECTION 59: Immediate Report of Accident.-
The driver of any vehicle involved in an accident resulting in injury to or death of any person or in total property damage to an apparent extent of one hundred pesos (P100.00) or more shall immediately by the quickest means of communication give notice of such accident to the PNP. In the event no agreement can be reached by the person whose property is involved as to the amount of property damage sustained, the accident shall be reported immediately to the PNP.
SECTION 60: Garage Repair Shop to Report.-
The person incharge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in this Article, or struck by any bullet shall report to the PNP within 24 hours after such motor vehicle is received giving the engine number and the name and address of the owner or driver of such vehicle.
SECTION 61: When Drivers Unable to Report.-
Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as herein required and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.
Article XII
Enforceability
SECTION 62: Time of Implementation.-
Except expressly provided for under this Code, all rules and regulations shall be enforceable 24 hours a day.
Article XIII
Communication
SECTION 63: Granting of Franchise to Telecommunication Facilities.-
The installation, operation and maintenance of more telecommunication facilities is a move towards development with the accessibility by local governments of Information Technology and the Municipality of Maribojoc shall adopt a friendly investments climate to encourage not the monopoly of this privilege but the entry of more qualified operators.
-22-
SECTION 64: Regulation on the Operation of Internet Café.-
a. Definition of Terms
Internet Café – a computer related technology, service provider, to engage in the business of information technology through the use of a computer such as including but not limited to, such as interest services, video games and other similar communication and entertainment facilities.
Legislative Franchise – refers to a special privileged or right granted by the Sangguniang Bayan, by a majority vote of all members to private individuals or corporations to operate internet café under such conditions and regulations as the government may impose in the public interest and public safety.
b. Regulated Areas
1. To be able to operate an internet café, the operator must first secure a Legislative Franchise from the Sangguniang Bayan, terms and conditions on the grant of Franchise shall be stipulated to the best interest of both the local government and the grantee.
2. Operations and/or viewers shall allow school children and students to use their facilities only on the following schedules:
On Weekends and / Holidays / Vacation – 8:00 A.M. until 10:00 P.M.
During School days – 8:30 P.M. until 10:00 P.M.
The use of the internet café facilities by the school children and student during school hours shall be for educational purposes only and the operators and / or owners shall require a written authority signed by the school principal / administrator. The operators and / or owners shall be held liable for the violation and shall assume full responsibility of the consequences.
3. Non students can use the internet café anytime of the day provided that the operator opens his shop for business purposes.
4. No cybersex café shall be allowed to operate and internet café shall be monitored by the PNP authorities from time to time to avoid sex slave thru internet.
Article XIV
Final Provisions
SECTION 65: General Penal Provision.-
Any person who violates any provision of this Code not herein otherwise covered by a specific penalty or of the rules and regulations promulgated under authority of this Code, shall be punished by a fine of not less than One Thousand Pesos (Php1,000.00) nor more than Two Thousand Five Hundred Pesos (Php2,500.00) or imprisonment of not less than One (1) month nor more than six (6) months, or both fine and imprisonment, at the discretion of the court.
SECTION 66: Repealing Clause.-
All ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with the Code are hereby repealed and/or modified accordingly.
-23-
SECTION 67: Separability Clause.-
If, for any reason, any part of provision of this Code shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect.
SECTION 68: Effectivity Clause.-
This Code shall take effect ten (10) days after a copy thereof is posted on a board at the entrance and in at least two (2) other conspicuous places of the municipal building and the ordinance has been published for three consecutive issues in a newspaper of local circulation in the municipality in compliance with the mandate of the pertinent provision of R.A. No. 7160, otherwise known as the Local Government Code of 1991.
SO ORDAINED.
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ATTESTED:
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
APPROVED:
ENGR. GABINO C. REDULLA
Municipal Mayor
Date signed: September 28, 2005