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Republic of the Philippines
City oflloilo
Member
Member
Member
Member
Member
Member
Ex Officio Member
Ex Officio Member
Member
Membf;:r
Member
Member
Member
Member
ABSENT:
None.
REGULATION ORDINANCE NO. 2013-348
AN ORDINANCE AMENDING REGULATION ORDINANCE 2006 -150
OIBERWISE KNOWN AS "AN ORDINANCE PROVIDING FOR A
COMPREHENSIVE ANTI-SMOKING ORDINANCE IN THE CITY OF
ILOILO AND FOR OTHER PURPOSES"
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WHEREAS, upon the passage of Republic Act 9211 otherwise known as the "Tobacco
Regulation Act of 2003" there is a need to review, revise and consolidate all Anti-Smoking
Ordinances of the City oflloilo.
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g)
1)
2)
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h)
"Public Conveyances"- refers to the modes Of transportation servicing the general
population, such as, but not limited to, airplanes, buses, taxi cabs, ships, public utility jeepneys
(PUJ's), light trail transits, tricycles, trisikads and other similar vehicles;
i)
"Public Place" - means all places, fixed or mobile, that are accessible or open
to the public or places for collective use, regardless of ownership or right to access,
including, but not limited to, establishments that provide food and drinks, accommodation,
merchandise, professional services, entertainment or other services. It is also includes
outdoor spaces where facilities are available for the public or where crowd of people would
gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds,
health/hospital compounds, transportation terminals, market~ parks, open space
establishments, resorts, walkways, entrance ways, waiting areas, and the like.
j)
"Schools"- refers to area enclosed by fences and within the compound, and 10
meters from the front gate and front fence areas of centers of youth activities such as
playschools, elementary schools, high schools, colleges and universities;
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SECTION 5. PROHIBITED ACTS (INDIVIDUAL). 5. I. Smoking or using Electronic device systems, shishia, and the likes shall be
ABSOLUTELY prohibited in the following:
a) Schools compounds and within 10 meters from entrance gates and fences of its
surrounding premises.
b) Public Buildings and within 5 meters from entrance and walls of its surrounding
premises.
c) Public Conveyances and Government - owned vehicles, whether moving or
stationary, with/without passenger or while in the act of solicitation of passengers is going on
or while the vehicle is waiting for passenger;
d)
Locations in which fire hazards are present such as gasoline stations and
storage areas for inflammable liquid~ gas explosives or combustible material, whether
open or enclosed;
e) Within 100 meters of the surrounding premises of the buildings of public and
private hospitals, medical, dental, optical clinics and pharmacies.
f)
Accommodation, such as hotels, motels and the likes;
g)
Restaurants, Ban, Disco houses, and other entertainment establishment;
h)
Private workplaces open to the general public;
i)
Public places where ten (10) or more persons convened;
j)
Waiting shed, with in the compound of plazas, in front of sari-sari stores,
wellness centers, recreation and exercise areas open or enclosed; within the compound of
churches, sport center, sport complex, gyms, cockpits and the likes;
k)
Any area owned by the government and dedared by the City Mayor thru
executive order as a no smoking area or place.
SECTION 6. PROHIBITED ACTS (ADMINISTRATIVE VIOLATION) a)
No signages of NO SMOKING in the entrance and inside the establishments.
b)
Providing ash trays in tables with in the NO SMOKING AREA.
c)
Knowingly allowing, abetting, or tolerating smoking any tobacco or using
Electronic device systems, shishia and the likes.
d)
Designating Smoking Area within the building or establishment.
e)
Selling/allowing minor to smoke in their establishments.
f)
Non-declaration in the Business Permit indicating that their establishment is
a smoke free establishment.
g)
Allowing Smoking during events.
h)
Selling of cigarette in front of schools within 100 meter (RA 9211).
i)
Selling of cigarette within the 20-meter perimeter of recreational activities,
hospitals, medical clinic~ pharmacies and laboratories.
j)
No "NO SMOKING" signages on Public Utility Vehicle.
SECTION 7. STANDARDS FOR DESIGNATED SMOKING AREA - No Smoking
Area is allowed inside establishments, buildings, and working place and alike. Smoking
shall only be allowed and should be in open spaces not covered by any wall and
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roofing either pennanent or temporary except those mentioned in Sec:tion 5, 5:1 (j),
smoking is not allowed within 10 meters from any entrances and walls of establishment and
building, whether tourism accredited or not, within the territorial jurisdiction of Doilo City
as herein-above defined;
SECTION 8. NO SMOKING SIGNAGES. - Non-smoking signage shaU have at
least two (2) legible and visible sign posted in the Entrance and inside the Establishment
saying "NON-SMOKING AREA" or "NO SMOKING" in English or Filipino for the
guidance of all concerned, with a measurement not less than 3 inches height and 8 inches in
width and in bold letters with an international no smoking sign and under no circumstance
shall any mark, device, word or image associated with any tobacco company be included in
any of these signs and materials.
SECTION 9. PENALTIES. - Any individual violating sections 5.1 of this Ordinance
and the manager/owner of the establishment who tolerate the violation of this ordinance
shall be penalized as follows:
On the first offense
Adult violators who opted for the community works after paying the corresponding
fine shall be referred to the GSO for the assigned work. Minors who violated this ordinance
shall be referred directly to the nearest DSWD office and likewise be subjected to
community works above stated under the supervision of the DSWD.
SECTION 10. ADMINISTRATIVE PENALTIES. - For violation of Sections 7, 8,
and 9 and 14 of this ordinance, the person mentioned in the aforementioned sections and
business entity or establishment shall be penalized as follows:
a fine of Pl,500.00
a fine of Pl,500.00 and suspension of
business permit and license to operate
for one (1) week in case of business
entity or establishment.
..
Reg. Ord. No. 2013-348. Sept 10. 2013
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Payments of the fine shall be made directly to the office of the City Treasurer by
presenting the citation ticket issued by the ICAST within three (3) days from apprehension.
After three (3) days, the case may be filed against the violator through the City Legal
Office.
SECTION 11.
CREATION OF THE ILOILO CITY ANTI-SMOKING
TASKFORCE (ICAST). - The !CAST is hereby created to help the City Mayor to monitor,
implement and enforce the provisions of this Ordinance. ICAST shall be under the office of the
City Mayor and subject to his direct control and supervision through the designated Chairman.
ICAST Chairman
Shall be designated through an Executive Order of the Mayor and shall be the person
directly encharge in the implementation of this ordinance and its advocacy.
ICAST Director
Shall be designated through an Exec:utive Order of the Mayor and will be directly
responsible on administrative and direct implementation of this ordinance and will
recommend additional personnel, materials and transportation as deemed necessary under
the direct supervision of the ICAST Chairman and the Mayor.
ICAST Officer I Head of Operation
Shall be designated through an Executive Order of the Mayor and shall be responsible to
monitor and supervised all personnel designated as Agents by the Mayor to fully enforce
the provision of this ordinance.
ICAST Agents
Shall be designated through an Executive Order of the Mayor to fully implement and
enforced the provision of this ordinance and to issue Citation ticket I TOP ticket to
violators of this ordinance under the direct supervision of the ICAST Director
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service to the General Service Office and be assigned to work with in the period of the
penalty and the General Service Office will issue Clearance for his Community work
served as evidence of complying the penalty of his violation.
SECTION 13. BUSINESS PERMIT - any entity who would do business with in the
territorial jurisdiction of Iloilo City, their Business Permit must indicate that they have not
designated smoking area on their premises and establishment.
SECTION 14. EVENTS - Sports events, concert, sponsored event, promotional
event and alike, in se<:uring permit of the event must secure a no smoking event permit
from the ICAST. During the event, the Organizer shall announce that the event is a no
smoking event and advising all guests/visitors not to smoke. If such event will allow
smoking, the promoter of the event shall be liable for violation of this ordinance and will be
subje<:ted to administrative/criminal penalty and will be banned in promoting events with
in the territorial jurisdiction of Iloilo City in the future.
SECTION 15. INSPECTION TEAM - Team composed of the City Health Office,
City Engineers Office, and ICAST Personnel and CENRO shall inspect establishment,
working places, schools, building and the likes, as to their compliance to this ordinance and
make recommendation on their findings to the Mayor or ICAST Chairman;
SECTION 16. RESPONSIBLE AGENCIES - The Legal Office shall process and
facilitate the filing of cases and assist the apprehending officer in reviewing the report of
violation and file appropriate charges in Court if the violator fails to submit receipt of
payment of violation of this ordinance to the ICAST office.
The Business and Permit Division shall order suspension or revocation of permits
and licenses of establishments found to have violated this ordinance, subject to the
provision of Section 10 here of and to deny renewal of permits for non-payment of fines.
The PNP City Director shall order all precinct commanders to implement and
apprehend violator of this ordinance and to issue citation ticket upon violation and to
submit monthly report of apprehension to the ICAST Office; PNP personnel on duty and
in-uniform are absolutely NOT allowed to smoke in public. Violation thereof will subject
PNP Personnel to administrative sanction;
TMTRO - All personnel under TMTRO Office shall ensure the strict
implementation of the ordinance on all public utility vehicles like bus, jeepney, taxi,
tricycle, trisikad and the likes and shall apprehend drivers violating this ordinance. All
TMTRO personnel are not allowed to smoke during their duties and while in uniform.
Violation of this provision committed by traffic enforcer shall subject the violator to
administrative sanction, such as suspension without fee, or dismissal from service.
SECTION 17. ABSOLUTELY NO SMOKING STREET - This ordinance declares
JM Basa St. and Iznart St. as No Smoking Streets as it is highly populated areas and
considered as Heritage Area and Tourism Destination.
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Sept.
IO. 2013
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H.ARROYO
Secretary to the Sangguni
ATTESTED AND CERTIFIED
TO BE DULY ENACTED:
~~TUPAS
em~~u:;;;r:~iding Officer
T
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APPROVED: