Republic of the Philippines

TANGGAPAN NG SANGGUNIANG PANLUNGSOD

Lungsod ng Butuan

11th Sangguniang Panlungsod

22nd Regular Session
Series of 2010

A RESOLUTION ADOPTED BY THE HONORABLE SANGGUNIANG

PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR
SESSION HELD AT THE SP SESSION HALL ON
JUNE 15, 2010

PRESENT:

Honorable Dino Claudio M. Sanchez - City Vice Mayor

Presiding Officer
Honorable Erwin L. Dano - Member
Honorable Raul O. Amoc - Member
Honorable Salvador V. Calo - Member
Honorable Audie G. Bernabe - Member
Honorable Lope A. Buol - Member
Honorable Rodrigo L. Dayaday - Member
Honorable Sabiniano O. Olandria - Member, President
Liga ng mga
Punong
Barangays
Honorable Shiela D. Gado - Member
SK Federation President

ABSENT:

Honorable Josephine P. Marticion-Salise - Member

Honorable Lawrence Lemuel H. Fortun - Member
On Official Business
Honorable Ramon P. Carampatana - Member
On Official Business
Honorable Randolph B. Plaza - Member

The meeting was called to order at exactly

5:25 in the afternoon.

1
 <<>>

SP ORDINANCE NO. 3616-2010

AN ORDINANCE ESTABLISHING
THE TRAFFIC AND
TRANSPORTATION CODE OF
BUTUAN CITY

Be it ordained by the Honorable Sangguniang

Panlungsod in session assembled and by authority of the same
that:

CHAPTER I

PURPOSE AND DEFINITIONS

ARTICLE I

PURPOSE

Section 1. PURPOSE OF THE CODE.- The provisions set

forth in this Code are meant to provide for the management,
regulation and enforcement of traffic upon the public roads,
streets and highways of Butuan City, including other streets,
alleys, highways, thoroughfares and private streets that for the
last ten (10)have been continuously used by the general public.

2
 ARTICLE II

DEFINITIONS

Section 1. DEFINITION OF TERMS, WORDS AND

PHRASES USED IN THIS CODE.- The terms, words and
phrases when used in this Code, shall for the purpose therefore,
have the meaning assigned or ascribed to them in this Article,
unless otherwise the context it is used has a different meaning.

a. Abandoned Vehicle Vehicle left standing

or unattended in any street, road or highway for
more than twenty four (24) hours.

b. Air Pollution - means an undesirable change in

the physical or chemical characteristics of air
that endangers the health and safety of the
people and other living creatures.

c. Business - Any commercial activity

customarily engaged in, as a means of
livelihood and typically involving some
independence or judgment and power of
decision.

d. Certificate of Compliance - is a certificate

issued to a vehicle owner/operator indicating
that a certain vehicle passed the black smoke-
emission test.

e. City City of Butuan.

f. City Thoroughfares Streets in the downtown

area of Butuan City.

g. Carbon Monoxide - a colorless pungent toxic

gas formed when carbon-containing compounds
or fuels are burnt with insufficient air.

3
h. Driver Every person who drives or is in actual
physical control of a vehicle.

i. Drop Off Points is that portion of a lane,

marked likewise on the ground with yellow line in
rectangular form, where a PUJ shall drop
passengers within a time necessary for the
purpose.

j. East bound PUJ a Public Utility Jeepney, the

regular route of which shall be RTR, Cabadbaran
and beyond on the one side and Sibagat,
Bayugan and beyond the other side.

k. Fee An imposition or collection of an

assessment, tax, tribute or fine.

l. Kindergarten a school for furthering the

intellectual, physical, and social development of
young children, usually five-year olds, by means
of games, creative activities, nature study, etc.

m. License or Permit The privilege or

permission granted in accordance with the law
by a competent authority to engage in some
business or occupation or to engage in some
transaction.

n. LTTMO -Land Transportation and Traffic

Management Office of the City of Butuan.

o. Motor Vehicle - is a vehicle propelled by any

power or engine other than muscular power
using any public highways or roads.

p. Motorized Trisicads-for-hire - bicycles having

a carriage with one-side wheel made of G.I.
pipe with gauge 24 plain steel plate or flooring,
with not more than seven horse power (7hp)
multi-purpose engine as its power source, can
carry at least two (2) but not more than six (6)
passengers and being operated to render

4
 transport services to the general public for a
fee.

q. Motorized Tricycle Operators Permit or

MTOP is the document granting franchise or
license issued to a person, natural or juridical,
allowing him/her to operate motorized tricycle-
for-hire over zones specified therein.

r. Non-working day includes Saturdays,

Sundays, holidays and/or all other days
declared by competent authority as non-working
days.

s. Nursery School pre-kindergarten school. A

place set apart for young children.

t. Operator/Owner - The person who holds the

legal title of the vehicle.

u. Pedestrian - Any person afoot or in an invalid

chair or similar vehicle propelled by a person
afoot.

v. Persons Refer to natural or juridical being,

susceptible of rights and obligations or of being
the subject of legal relations.

w. PFC - Parking Fee Collector responsible to issue

parking tickets and collect parking fees in the
designated parking areas/stalls in the City.

x. Pick-up Point is that portion of a lane

marked on the ground with a yellow line in
rectangular form, whereat PUJs, at most two (2)
units in any given time, shall solicit passengers
with a maximum stand-by time of 5 minutes.

y. PRIMARY SCHOOL an Elementary School

giving formal instruction, teaching the
rudiments of learning, and extending up to six

5
 years.

z. Prime Mover motorcycle unit.

aa. Privilege A permit or a grant or license for

the enjoyment of a particular or a peculiar
benefit, advantage or favor.

bb. Public Utility Jeepney (PUJ) A jeepney for

hire that transports passengers and cargoes
from other places to the City of Butuan and vice
versa.

cc. Residents - Refer to natural persons who have

their habitual residence in the province, city or
municipality where the exercise of their civil
rights and fulfill their civil obligations and to
juridical persons for which the law or any other
provisions creating or recognizing them
fix their residence in a particular province, city
or municipality. In the absence of such law,
juridical persons are residents of the province,
city or municipality where their legal
representation is established or where they
exercise their principal functions.

dd. Route The designated streets where PUJs are

only allowed to use in coming in and going out
of Butuan City.

ee. School- any public or private organization

giving regular instruction having an average
daily attendance of fifty or more students.

ff. School Crossing Guard a school staff or

volunteer duly appointed by the principal and
certified by the Chief of LTTMO who will
safeguard and attend the supervision of school
children in crossing a pedestrian to those hours
when school is opening, recessing or closing.

gg. School zone - each and every street and all

6
 public property or ways within one thousand
(1000) feet of the boundaries of any school.

hh. SECONDARY SCHOOL a High School or a

school of corresponding grade and ages ranging
from thirteen to sixteen years old.

ii. Services Refer to the duties, work or

functions performed or discharged by the
government officer, or by private persons hired
or contracted by the government, as the case
maybe.

jj. Side Car Carrier of the motorized tricycle.

kk. Single Motorcycles-for-hire is a motorcycle

mounted with a leg rest, capable to carry not
more three (3) passengers excluding the driver,
operated to render transport services to the
general public for a fee.

ll. Smoke Belching - means an excessive

emission of black or dark smoke from any motor
vehicle arising from whatever highways or
roads.

mm. Suburbs a community or town outside the

downtown area of a City.

nn. Sulfur Dioxide - a colorless pungent toxic gas

used in making sulfuric acid and as a
preservative, fumigant, and bleaching agent. It
is formed by burning sulfur and constitutes a
major component of air pollution in industrial
regions.

oo. Tax - An enforced contribution, usually

monetary in form, levied by the law-making
body on persons and property subject to its
jurisdiction for the precise purpose of supporting
government needs.

7
pp. TEB Traffic Enforcement Bureau of the City of
Butuan.

qq. Terminal The Integrated Jeepney Terminal

of the City Government of Butuan located at
Barangay Holy Redeemer, Butuan City.

rr. Traffic control devices - all signs, signals,

pavement markings, traffic cones and devices
not inconsistent with this Code, placed or
erected by authority of the City Council or City
official having jurisdiction, for the purpose of
regulating, warning or guiding traffic.

ss. Traffic control signals any device

whether manually, electronically or mechanically
operated by which traffic is alternatively
directed to stop and proceed or is otherwise
controlled.

tt. Traffic Enforcer A person in authority

mandated to enforce traffic rules and
regulations in the locality, authorized to
apprehend drivers by issuing Traffic Citation
Tickets (TCT).

uu. Tricycle-for-hire is a motor vehicle

composed of a motorcycle fitted with a single-
wheel side car or a motorcycle with a two (2)
wheel cab operated to render transport services
to the general public for a fee.

vv. Westbound PUJ shall be taken to denote a

Public Utility Jeepney, the regular route of which
shall be the towns of Buenavista and Nasipit.

ww. Western Suburb Comprising the Barangays

of Libertad, Bancasi, Ambago, Bonbon,
Kinamlutan and Dumalagan.

xx. Zone - is a continuous land area or block, say

a subdivision or a barangay, where a tricycle

8
 for-hire may operate without a fixed origin and
destination. Zones are herein contemplated may
be fixed by the Sangguniang Panlungsod
whenever applicable.

CHAPTER II

TRAFFIC MANAGEMENT AND

ADMINISTRATION

ARTICLE I

THE CITY COUNCIL

Section 1. AUTHORITY OF THE CITY COUNCIL.The City

Council shall from time to time:

1. Determine and designate the type of all official traffic

control devices provided, that such shall correlate with and
conform to the current standards as set and approved by
the appropriate government agencies and
instrumentalities.

2. Create, define, re-define, eliminate or change all speed

zones, one-way streets, through streets, parking meter
zones, no-parking zones, bus stops, safety zones, quiet
zones and designate the types of markings to be placed
and maintained for the identification of such areas or
zones.

9
 ARTICLE II

LAND TRANSPORTATION AND TRAFFIC

MANAGEMENT OFFICE (LTTMO)

Section 1. CREATION OF LAND TRANSPORTATION

TRAFFIC MANAGEMENT OFFICE (LTTMO).---There is hereby
created a Land Transportation Traffic Management Board to be
composed of the following, whose term of office is co-terminus
with the appointing authority:

Chairperson - City Mayor

Co-Chairperson - City Vice Mayor

Vice Chairperson - Chairperson, SP Committee on Public

Utilities

Members - Chairperson, SP Committee on Police

and Public Safety

- President, Liga ng mga Barangay or his

duly authorized representative

- City Director, PNP or he designates his

City Traffic Division head as his duly
authorized permanent representative

-Two (2) duly elected representative

from the transport sector to
represent the associations of PUJ,
AC and bus and tricycles, trisicad,
motorela and others

- Regional Director, DOTC 13

- Chief, Permits and Licenses

Division

- President of the Butuan-Agusan

Chamber of Commerce, Trade and

10
 Industry or his duly designated
representative

- City Prosecutor

- City Legal Officer

- City Engineer

- City Administrator

- President, Petroleum Dealers

Association of Butuan City or his
duly designated permanent
representative

Ex-Officio Member - Traffic Special Operations Officer IV

(Traffic Executive Director), Traffic
Enforcement Bureau

Section 2. POWERS, DUTIES AND FUNCTIONS OF

THE LAND TRANSPORTATION TRAFFIC MANAGEMENT
OFFICE (LTTMO).--The Land Transportation Traffic
Management Board is vested with the following powers, duties
and functions:

1. Serve as a policy-making body that shall promulgate

additional policies, guidelines, rules, regulations relating
to the effective and efficient management of traffic in
the City;

2. Promulgate implementing rules and regulations in

accordance with the provisions of the existing City
Ordinances on Traffic;

3. Regulate operation of private and public utility vehicles

operating in the City;

4. Provide and establish Jeepney and Bus Stops signages

along its routes in coming to the City for the safety,
comfort and convenience of the riding public;

11
 5. Designate metered parking areas within the City as it
may deem necessary;

6. Create a Team that should conduct a comprehensive

study for a more effective and efficient traffic signal
control system for the adoption and implementation in
the City;

7. Recommend for approval by the City Council the

acquisition by the City of an effective and efficient
traffic control devices that shall be installed in
designated areas;

8. To identify and designate the areas in the City where

traffic devices shall be installed;

9. Issue additional rules and regulations on the imposition

of fines for the violations of this Code;

10. Employ qualified traffic enforcers and other personnel

necessary to efficiently and effectively implement the
traffic management system of the City.

11. Manage and supervise the operation of the Traffic

Enforcement Bureau (TEB).

ARTICLE III

TRAFFIC ENFORCEMENT BUREAU (TEB)

Section 1. CREATION OF A TRAFFIC ENFORCEMENT

BUREAU. -There is hereby created a Traffic Enforcement (TEB)
that derives authority from the LTTMO. Its general duties and
responsibilities are as follows:

a. It shall serve as the enforcement and implementing

body of all traffic rules and regulations of the City.

12
 b. It shall have three (3) sections which are responsible
for the faithful enforcement of the standards of safety
and good operating conditions of both public and
private utility vehicles in the City.

c. It shall be responsible for planning, designing,

installing and maintaining of LTTMO-approved traffic
signs, signals, devices and controls in the areas
identified by the latter.

Section 2. COMPOSITION AND FUNCTIONS of TEB.-

The TEB shall be headed by a Traffic Executive Director. It shall
be composed of the following sections with the following
functions, thus:

a) Administrative Section:

1) It shall be responsible for the registration of

tricycles-for-hire, trisicads-for-hire, Single
Motorcycles-for-hire units in the City;

2) Responsible in processing franchises of

tricycles-for-hire, trisicads-for-hire, Single
Motorcycles-for-hire units for the approval of
the City Council;

3) It shall ensure that all traffic enforcers are

equipped with the necessary understanding of
this Code particularly the traffic rules and
regulations of the City as well as the necessary
skills in the effective and efficient enforcement
and implementation of this Code;

4) It is responsible for the public dissemination of

information about the Citys traffic rules and
regulations.

b) Enforcement Section:

1) It shall be responsible for the faithful

13
 enforcement and implementation of all traffic
rules and regulations of the City;

2) It shall ensure the faithful compliance of this

Code by Operators/owners and drivers of both
private and public vehicles including
pedestrians in the City.

c) Engineering Section:

1) It shall be responsible for the planning,

designing, installing and maintaining of
LTTMO-approved traffic signs, signal and
controls in the areas specifically identified by
the latter; and

2) It shall be responsible in the maintenance of

the Traffic control systems, ensuring that
the same shall always be in good operating
conditions and that the same is properly
protected against any form of pilferages and
vandalism.

Section 3. STAFFING. - The Transportation Enforcement

Bureau (TEB) shall be headed by a Traffic Executive Director and
is hereby assigned the following staff for each section:

a) Administrative Section:

1) Administrative Assistant; and

2) 2 clerks.

b) Enforcement Section:

1) Traffic Executive Director as Enforcement

Operations Head;

2) PNP City Traffic Head as Assistant Enforcement

14
 Operation Head;

3) Representative, LTO/DOTC; and

4) City Traffic Enforcers.

c) Engineering Section:

1) City Engineer/OIC Designated as its Head;

2) Assistance Traffic Engineering Head;
3) DPWH Traffic Engineering Head; and
4) City Planning and Development Coordinator.

Section 4. AUTHORITY OF POLICE AND FIRE

DEPARTMENT OFFICIALS. - 1. It shall be the duty of any
police officer assigned by the Chief of Police to fully enforce the
provisions of this Code and all the national laws applicable to
street traffic in Butuan City.

2. Officers of the City Fire Department who may be at the scene

of fire may direct or assist the police officer in directing traffic at
the vicinity or in the immediate vicinity.

CHAPTER III

TRAFFIC RULES AND REGULATIONS

ARTICLE I

TRAFFIC CONTROL DEVICES

AND MARKINGS

Section 1. OBEDIENCE TO OFFICIAL TRAFFIC

CONTROL DEVICES AND MARKINGS- The driver of any

15
vehicle shall obey the instructions of any official traffic control
device, placed or erected in accordance with this Code.
Provided, that at any intersection where both stop signs and
traffic signal lights have been erected or installed, the driver of
the vehicle shall operate his vehicle in conformity with the traffic
signal light whenever the same is in operation, unless otherwise
directed by a police officer or traffic enforcer.

Section 2. TRAFFIC DEVICES. All signs, signals,

pavement markings or other traffic control devices placed or
erected on streets and highways of the City is deemed official for
the purpose of regulating, warning or guiding traffic.

Section 3- TRAFFIC CONTROL SIGNAL LEGEND.-

Whenever, traffic is controlled by traffic control signals exhibiting
the words GO, CAUTION, or STOP or exhibiting colored
lights successively, one at a time or with arrows, the following
colors only shall be used and said words and lights shall indicate
and apply to drivers of vehicles and pedestrians as follows:

a) GREEN ALONE or GO.- Vehicular traffic facing the

signal may proceed straight through or turn right or
left unless a sign at such place prohibits either such
turn. But vehicular traffic, including vehicles turning
right or left, shall yield the right-of-way to other
vehicles and to pedestrians lawfully within the
intersection of an adjacent crosswalk at the time such
signal is exhibited.

Pedestrian facing the signal may proceed across the

roadway within any marked or unmarked crosswalk.

b) YELLOW ALONE or CAUTION WHEN SHOWN

FOLLOWING THE GREEN or GO SIGNAL.
Vehicular traffic facing the signal is thereby warned
that the RED or STOP signal will be exhibited
immediately thereafter and such vehicular traffic shall
not enter or be crossing the intersection when the Red
or Stop is exhibited.

16
 Pedestrian facing such signal are hereby warned that
here is insufficient time to cross the roadway, and any
pedestrian then starting to cross shall yield the right-
of-way to all vehicles.

c) RED ALONE or STOP. Vehicular traffic facing

the signal stop before entering the crosswalk on the
near side of the intersection or, if none, then before
entering the intersection, and shall remain immobile
until the green or GO signal is exhibited; Provided

1. Where no sign has been erected at such

intersection prohibiting right turns against red
signal, vehicular traffic facing such signal, after
first coming to a complete stop as specified
above, may enter the intersection with caution
from the right lane to make a right turn but shall
yield the right-of-way to pedestrians and other
traffic proceeding as directed by the signal of said
intersection; and

2. At the intersection of the one-way streets,

where no signals has been erected at such
intersection prohibiting right or left turns as the
case may be against a red signal, vehicular traffic
facing such signal, after first coming to a
complete stop as specified above, may enter the
intersection with caution from the right or left
lane to make a right or left turn, respectively, in
the direction of the one-way flow of traffic but
shall yield the right-of-way to pedestrians and
other traffic proceeding as directed by the signal
at said intersection.

3. No pedestrian facing such signal shall enter

the roadway within a crosswalk or otherwise.

d) RED WITH GREEN ARROW. Vehicular traffic

facing such signal may enter the intersection with
caution only to make the movement in the direction
indicated by such green arrow but shall yield the

17
 right-of-way to pedestrians lawfully within a crosswalk
and to other traffic lawfully using the intersection.

Section 4. INTERFERRING WITH OFFICIAL TRAFFIC

CONTROL DEVICES, SIGNS OR SIGNALS. No person shall,
without lawful authority, attempt to or in fact alter, deface,
injure, knock down or remove any official traffic control device,
signs or signal or any inscription, shield or insignia thereon, or
any part thereof.

Section 5. OBSTRUCTION OF VISIBILITY OF

TRAFFIC SIGN OR SIGNAL. - No person, business
establishment shall hand, suspend, place or construct any
awning, frame, balcony, cornice, or any other projection so as to
obstruct the visibility of any traffic sign or signal placed or
erected as authorized by law.

Section 6. RED AND GREEN ILLUMINATED SIGNS

NEAR TRAFFIC SIGNALS. - It shall be unlawful for any person,
business establishment or entity to erect or maintain any red or
green light or red or green neon signs within fifty (50) feet of
any intersection where traffic is controlled by signal lights,
unless such person or business establishment or entity has been
issued a written permit by the TEB certifying that such light or
sign at the specified location does not constitute undue
destruction to a driver of a vehicle plying the streets in the City.

Section 7. TRAFFIC LANE MARKINGS. - 1. In certain

roads in the City where traffic is controlled by pavement
markings, such markings shall be white in color.

2. When a broken line is used in the center or lane line, such

line is a guide line and may not be crossed by vehicular traffic
unless vehicle movement can be made with safety.

3. When a single or a solid or a double solid line is used for a

center or lane line, the line is of a regulatory character and is

18
not to be crossed by vehicular traffic unless when such vehicle is
turning into or out of private driveways.

a. Whenever a combination of solid and broken lines are

used, any solid line appearing in the same lane on
which the vehicle is traveling such vehicle shall not
cross anytime, except when turning into or out of
private driveways or roads intersecting streets,
however when the broken lines appear in the same
lane of the vehicle that is traveling, such vehicle may
cross at any time.

b. When traffic cones are used by the proper authority to

temporarily control the flow of traffic in lanes other
than those designated by the permanent pavement
markings, the lanes designated by the cones shall have
the same regulatory effect as the permanent pavement
markings.

ARTICLE II

SPEED RESTRICTIONS

Section 1. SPEED RESTRICTIONS. No person shall

drive a vehicle on a street, intersections or highway at a speed
greater than that is reasonable and prudent under the conditions
and without regard for the traffic, the width of the street,
highway, intersection and to the actual and potential hazards
that exist. In all circumstances, speed shall be so controlled as
may be necessary to avoid colliding with any person, vehicle or
other conveyances.

Section 2. SCHOOL ZONES. - No person shall drive a

vehicle on any roadway within school zones and grounds at a
speed greater than is reasonable or prudent, having due regard
for the traffic on, and the surfaces and width of the roadway,
and in no event at a speed in excess of ten (10) kilometers per
hour.

19
I. STREETS CONSIDERED AS SCHOOL ZONE. - For the
purpose of this Code, the following streets in the City are
hereby declared as SCHOOL ZONE.

a. That part of AD Curato Street, fronting the

Agusan High School, from its corner with T.
Sanchez Street on the North and Noli Me Tangere
Street on the South;

b. That part of AD Curato Street fronting the Butuan

Central Elementary School from its corner with
Datu Silongan Street on the North and P. Gomez
Street on the South subject to 10 km/hr.;

c. That part of San Francisco Street fronting Urios

College (College Building) from its corner with
J.C. Aquino Avenue on the South and Hon. Azote
Street on the North;

d. That part of E. Luna Street fronting Urios College

(elementary building) from its corner with Hon.
Azote Street on the North and San Jose Street
on the South;

e. That part of Montilla Boulevard fronting Butuan

City Colleges on its corner with Hon. Azote
Extension on the north and J. C. Aquino Avenue
on the south;

f. That part of Del Pilar St. fronting the Agusan

Colleges (main building) from its corner Jose
Basa on the South;

g. That part of San Jose St. facing the Northern

Mindanao School of Midwifery;

h. That part of Montilla Boulevard fronting the Saint

Joseph Technical Institute from its corner with

20
 Rosales Street on the North and T. Calo Street on
the south;

i. That part of Montilla Boulevard facing the Timber

City Academy up to the intersections of said
Montilla Boulevard and J. C. Aquino Avenue;

j. The corner of Del Pillar street going north to

Magsaysay Bridge of Mateo B. Tupaz Streets
facing the annex building of Agusan Colleges;

k. The corner of Noli Me Tangere and Marcos M.

Calo streets facing the annex building of the
Agusan Colleges;

l. That part of the Langihan Road and the Ong Yiu

Road facing the Ong Yiu Elementary School;

m. That part of Salvador Calo Ave. fronting Obrero

Elementary School;

n. That part of the National Highway fronting the

Caraga State University;

o. That part of the road fronting the FSUU High

School at Ambago, Libertad; and

p. That part of the road fronting the Libertad

National High School.

II. SCHOOL CROSSING GUARDS. All public and

private nursery, kindergarten, primary and secondary
schools are required to create and promote their own
school crossing guards. This part-time specialized work of
the school staff or volunteer must be provided by the
school with uniforms1 and traffic paraphernalias.

1
SP ORD. NO. 3010-2006

21
 III. TRAINING FOR SCHOOL CROSSING GUARDS.-
The respective schools shall ensure that their school
crossing guards are properly and adequately equipped
with appropriate knowledge on traffic rules and
regulations. The City shall ensure that these crossing
guards are afforded with such trainings by the LTTMO at
no cost.2

IV. DUTIES, RESPONSIBILITIES AND POWER OF

THE SCHOOL CROSSING GUARDS. - The crossing
guards shall:3

1. Assist the students to cross the street safely to

and from school and not act as an enforcement
officer, however they will be encouraged to take
note of drivers who encroach on the crosswalk in a
dangerous manner;

2. Require motorists to stop and obey a school

crossing stop sign;

3. Control vehicular traffic at designated crossings to

allow children to cross safely;

4. Report children to school authorities/heads who

fail to cooperate;

5. Serve as Liaison to Traffic Officers, parents and

school heads;

6. Report all unsafe pedestrian conditions to the

traffic management and in appropriate pedestrian
behavior to the principal;

7. Provide for the students instruction relative to

suggested routes to school and safe pedestrian
practices;

2
SP ORD. NO. 3010-2006
3
SP ORD. NO. 3010-2006

22
 8. Shall be prohibited from using intoxicants,
smelling of alcohol will be relieved on the spot,
and shall not smoke while on duty;

9. Shall only supervise a marked crosswalk that has

been approved by the traffic authority;

10. Shall not stop or delay traffic unnecessarily, when

large groups of students leave the schools at one
time, cross them in groups;

11. Report unruly students to the School Principal as

well as students who are crossing outside the
crosswalk area.

Section 3. HOSPITAL ZONES. 1. No person shall drive

a vehicle on any roadway within the hospital zones and
grounds at a speed greater than is reasonable or prudent,
having due regard for the traffic on, and the surfaces and width
of the roadway, and in no event at a speed in excess of ten (10)
kilometers per hour.

2. For the purpose of this Code, the following streets in the City
are hereby declared as HOSPITAL ZONES.

a. That part of Montilla Boulevard facing the M. J.

Santos Clinic and Hospital up to the intersection
of said Montilla Boulevard and J. C. Aquino
Avenue;

b. That part of San Jose Street facing the Butuan

City Maternity Hospital; and

c. That part of the national highway facing the

Butuan Doctors Hospital.

Section 4. SPEED LIMIT SIGNS. There shall be

installed and maintained in the zones mentioned in section 2 and
3 above, legible signposts indicating the speed restrictions set
forth under this Code.

23
 Section 5. PARKING AREAS AND PUBLIC PARKS.- No
person shall drive a vehicle recklessly or negligently or at a
speed or in such a manner as to endanger or injure persons or
property in any parking areas or public parks.

Section 6. SPEED CONTESTS. - No person shall be

allowed under this Code to engage in or to aid or abet by
whatever means, any motor vehicle speed contests or exhibition
of speed on any street, roadways, alleys or highways within the
City; except when the same is permitted by the City Council.

Section 7. EXEMPTION. - The speed restrictions set forth

in this Code shall not apply to the following instances:

a. An authorized emergency vehicle responding to

an emergency call;

b. An emergency vehicle used in the pursuit of an

actual or suspected violator of the law;

c. A firetruck or vehicle of the Bureau of Fire

Protection responding to a fire alarm where the
driver of the said vehicle sounds audible signal by
bell or siren.

This provision of the Code shall not relieve the driver of the
above-mentioned authorized emergency vehicles from the duty
to drive with due regard for the safety of all pedestrians crossing
the streets.

ARTICLE III

PASSING, OVERTAKING
AND TAIL GAITING

Section 1. DRIVING ON RIGHT SIDE OF THE ROAD-

1. In all the roads and streets and highways in the City,
vehicles shall be driven upon the right lane thereof except under

24
the following circumstances:
a. When the right half of the roadway is closed to
traffic while construction is in progress or being
repaired;

b. Upon a roadway designated and signposted for a

one-way traffic.

2. A person driving a vehicle shall not be allowed to pass or

overtake another vehicle in all streets and roadways in the City,
except in emergency situations.

Section 2. OVERTAKING A VEHICLE ON THE LEFT

SIDE. - The following rules shall govern the overtaking and
passing of the vehicles proceeding in the same direction:

a. The driver of the vehicle overtaking another vehicle

proceeding in the same direction, shall pass to the left
thereof at a safe distance and shall not again drive to
the right side of the roadway until safely clear of the
overtaken vehicle.

b. The driver of an overtaken vehicle shall give way to

the right in favor of the overtaking vehicle and shall
not increase the speed of his vehicle until passed by
the overtaking vehicle.

Section 3. RESTRICTIONS ON OVERTAKING ON THE

LEFT. The driver of the vehicle overtaking and passing another
vehicle on the left shall ensure that the left side of the road is
clearly visible and is free from on-coming traffic for a sufficient
time and distance ahead to permit such overtaking and passing
will be made completely without interfering with the safe
operation of any approaching vehicle from the opposite direction
of the overtaken vehicle.

Section 4. WHEN OVERTAKING ON THE RIGHT IS

ALLOWED. 1. No driver of a vehicle may overtake and pass

25
another vehicle from its right side, except under the following
conditions:

a. When the vehicle overtaken is making or is visibly

about to make a left turn;

b. Upon a street or highway with unobstructed

pavement, but occupied by parked vehicles, of
sufficient width and with lanes marked for two or
more lines of moving vehicles in each direction;

c. Upon a one-way street or upon any roadway on

which traffic is restricted to one direction of
movement, where the roadway is free from
obstructions and of sufficient width for at least two
lanes of moving vehicles.

2. In any case when the driver of a vehicle will overtake and

pass another vehicle from the right, he shall at all times exercise
necessary caution ensuring that such movement is safe.

Section 5. TAIL GAITING. -1. The driver of a vehicle

shall not follow or tail gait another vehicle more closely than is
reasonable and prudent, having due regard for the speed of such
vehicle and the traffic upon and the condition of the street or
roadways in the City.

ARTICLE IV

ONE-WAY STREETS

Section 1. ONE-WAY STREETS. - 1. Vehicular traffic on

any one-way street or highway or portions thereof as designated
by the City Council as a one-way street, shall move only in the
direction indicated by signs erected and maintained thereon.

26
2. The streets or portions thereof described hereunder are
hereby designated as one-way streets.

a. SAN JOSE STREET (west to east direction).

Starting from junction with Ester Luna Street on
the West, then following San Jose Street up to
the intersection with A. Mabini Street on the
East.

b. HON. JOSE B. AZOTE Street (east to west

direction). Starting from its junction with G.
Flores Avenue and Marcos Calo Street on the
East, then following Azote Street up to its
intersection with Montilla Boulevard on the
West. Provided, however, that the remaining
portion of Hon. Azote Street known as Hon.
Azote Extension, from Montilla Boulevard going
further west, shall remain a two way street.

c. LOPEZ JAENA Street (west to east direction).

Starting from its junction with Montilla
Boulevard on the West then following Lopez
Jaena Street up to its intersection with Apolonio
Curato Street and G. Flores Avenue, on the
East. Provided, However, that the remaining
portion of Lopez Jaena Street from Montilla
Boulevard known as Lopez Jaena Extension,
going farther west, shall remain as a two way
street. Provided, further, that portion of Lopez
Jaena Street, starting from Montilla Boulevard
up to R. Calo Street shall be closed to traffic
during Sundays particularly from 7:00 AM to
11:00 AM and from 5:45 PM to 7:00PM.

d. VILLANUEVA STREET (east to west direction).

Starting from its junction with G. Flores Ave.,
on the East, then following Villanueva Street up
to its intersection with Montilla Boulevard, the
remaining portion of Villanueva Street known as
Villanueva Extension, from Montilla Boulevard

27
 going further west shall remain a two-way
street.

e. T. CALO STREET (west to east direction).

Starting from its junction with R. Calo Street on
the west, then following T. Calo Street up to its
intersection with E. Luna Street and G. Flores
Ave., on the east. Provided however, that the
remaining portion of T. Calo Street, and from
Montilla Boulevard, going further west up to its
intersection with Gov. Rosales Ave. known as T.
Calo St., shall remain as a two way street.

f. ROSALES STREET (east to west direction).

Starting from its junction with G. Flores Ave., on
the west, then following Rosales Street up to its
intersection with Montilla Boulevard on the west.
Provided, however, that the remaining portion
of T. Calo St. from R. Calo St. going further
west up to its intersections with Gov. Rosales
Ave.

g. G. FLORES AVENUE. From Azote St. to Lopez

Jaena intersection. All the rest is two-way
street.

h. E. LUNA STREET (north to south direction).

Starting from its junction with G. Flores Avenue
Street on the north up to its intersection with
San Jose Street in the South. Provided,
however, that the remaining portion of E. Luna
Street up to its intersection J.C. Aquino Ave. on
the South (fronting the Roman Catholic
Cathedral) shall remain a two way street.
Provided, further, that the remaining portion of
E. Luna Street from the intersection of San Jose
Street up to its intersection with J. C. Aquino
Ave. shall be closed to traffic during Sundays
specifically from 5:00 am to 12:00 noon and
from 4:00 pm to 8:30 pm only.

28
 i. Marcos M. Calo Street (south to north
direction). Starting from its junction with Noli
Me Tangere Street on the south, up to its
intersection with G. Flores Avenue.

j. Portion of Datu Silongan from corner of A.D.

Curato Street up to the corner of M. Calo St.,
going east.

k. The portion of P. Gomez Street from corner of

M. Calo St. to A.D. Curato Avenue going west.

l. The road at the back of Langihan Market

from J. Satorre Street up to Romulo Rosales
Street where the former Gasoline station is
located and up to J. Satorre Street.

m. Portion of A. D. Curato Street particularly that

stretch from the junction of Gov. Jose C. Aquino
Avenue to Noli Me Tangere Street going south.

n. Datu Silongan from corner A.D. Curato going

east Gomez Street from M. Calo Street to A.D.
Curato Avenue going west.

o. Portion of Marcos Calo Street, particularly that

stretch from Noli Me Tangere Street to end of G.
Flores St.

p. Portion of Noli Me Tangere Street, particularly

that stretch from the corner of AD Curato
Avenue to Marcos Calo Street going east.

q. Portion of San Francisco Street (south to

North direction) from its intersection of T.
Sanchez St., on the South up to R. Rosales St.
on the North.4

4
SP Ord. No. 3550-09

29
 r. Portion of R. Calo Street (north to south
direction) from its intersection of J. C. Aquino
Avenue on the north up to Teofilo Sanchez
Street on the South.

ARTICLE V

RIGHT-OF-WAY

Section 1. VEHICLES APPROACHING OR ENTERING

INTERSECTIONS. It shall be incumbent of drivers of all
vehicles approaching or entering any intersection to observe the
following:

a. The driver of a vehicle approaching an intersection

shall yield the right-of-way to a vehicle which has
entered the intersection from a different street.

b. When two (2) vehicles enter an intersection from

different streets at approximately the same time,
the driver of the vehicle on the left shall yield the
right-of-way to the vehicle on the right.

Section 2. VEHICLES TO YIELD RIGHT-OF-WAY.-

Whenever any person driving a vehicle approaches an
intersection with a Yield Right-of-Way sign facing him, he shall
yield the right-of-way to any pedestrian within a marked or
unmarked crosswalk at such intersection, or to any vehicle which
is within such intersection or approaching so closely thereto as to
constitute an immediate hazard.

Section 3. EMERGING FROM AN ALLEY OR

DRIVEWAY. - The driver of a vehicle emerging from an alley,
driveway or building shall stop such vehicle immediately prior to
driving onto a sidewalk or onto the sidewalk area extending
across such alley, driveway or building, and shall yield the right-
of-way to any pedestrian as may be necessary to avoid hitting

30
the pedestrian; upon entering the roadway, shall yield the right-
of-way to all vehicles approaching said roadway.

ARTICLE VI

STANDING, STOPPING AND PARKING

Section 1. STANDING, STOPPING AND PARKING ON

NO-PARKING STREETS.- 1. No person shall stop, park or
leave his vehicle standing whether attended or unattended upon
the streets, roadways in the City which are declared as NO-
PARKING STREETS.

2. This does not however, apply to the driver of a vehicle which

is disabled while moving along the street or roadways, provided
however that said driver shall display the necessary early-
warning devices.

Section 2. STANDING IN LOADING ZONES FOR

LOADING AND UNLOADING ONLY. - No person shall stop,
stand or park a vehicle for any purpose or period of time other
than the expeditious loading and unloading of passengers which
shall not exceed 5 minutes, in a place duly designated and
marked as Passenger Curb Loading Zones.

Section 3. DESIGNATED NO PARKING STREETS.-

The following streets and roadways within the City are declared
as No Parking Streets:

a. Within the marked Pedestrian Lane;

b. Within an intersection;

c. On a crosswalk;

d. Within six (6) meters of the intersection of curb

lines;

31
 e. Within four (4) meters from the driveway of any
fire station;

f. In front of a private driveway;

g. The whole span of J.C. Aquino Avenue from the

foot of Magsaysay Bridge intersecting M. Calo
Street to Narra Road;

h. Streets in the Rizal Park except portions of E.

Luna St., facing the Roman Catholic Church
during Sundays and Holidays as well as during
weddings, burials or special church services.
Duly licensed PU Cars in Butuan City shall be
allowed and given preference to park at the right
side of San Jose (West to East direction) facing
Almont Hotel;

i. Southbound lane of Montilla Boulevard, from the

pedestrian overpass (near Butuan City Colleges)
up to the junction of Erigbuagas Street;
Northbound lane of Montilla Boulevard from the
south boundary line of M. J. Santos Hospital
property up to the yellow box fronting Crown
Thrifty Mart Building; Northbound lane of
Apolonio D. Curato Street, from the corner of J.
C. Aquino Avenue up to San Jose Street;
Southbound lane of Gov. Jose Rosales Avenue,
from the corner of J. C. Aquino Avenue up to the
area fronting the south parking lot of Gaisano
Mall; and both lanes of Ochoa Avenue, from the
corner of J. C. Aquino Avenue and twenty (20)
meters northward and southward.5

j. On the left side of all one-way streets except in

the parking spaces provided by establishments
situated in the area.

Section 4. REMOVAL, IMMOBILIZING OF ILLEGALLY

STOPPED, PARKED VEHICLE. - 1.The TEB is hereby

5
SP Ord. No. 3426-2008

32
authorized to move or require the removal of any vehicle
standing, stopped or parked upon the roadways, streets and
highways of the City in violation of this Code under the following
instances;

a. When a vehicle parked or abandoned is so

disabled as to constitute an obstruction to traffic
and the driver or person(s) in charge of the vehicle
are by reason of physical injury incapacitated to
such an extent as to be unable move or provide for
the vehicles removal.

b. When a vehicle is left unattended upon any

bridge in the City where such vehicle constitutes an
obstruction to traffic.

c. When a vehicle is left unattended or abandoned

upon a road, street or alley and is so parked
illegally as to constitute a definite hazard or
obstruction to the normal movement of the traffic.

d. When a vehicle is left unattended or abandoned

on a street or in front of a public or private
driveway so as to constitute an obstruction to
vehicular traffic for those who use such driveway
for the purpose egress and ingress.

e. When a vehicle is left unattended or abandoned

on a street, road or portion thereof so as to
interfere with or impede construction or repairs
being made thereon; PROVIDED, adequate signs
giving notice of on-going construction or repairs
and prohibition of parking are properly posted.

2. The expenses incurred in the removal of such vehicle shall be

borne by the owner/operator or driver of the vehicle.

3. The TEB is hereby authorized to immobilize any vehicle found

violating the provisions on Parking Restrictions and Parking

33
Prohibitions of any existing Ordinance of the City shall be
immobilized by clamping any of the tire of the said violating
vehicle using any vehicle immobilizer or any other special
tool/gadget designated to immobilize violating motor vehicle.6

Section 5. AUTHORITY TO DISPOSE OF UNCLAIMED

VEHICLES. 1.Sixty (60) days after the TEB shall have taken
custody or removed the vehicle as prescribed above, the TEB is
hereby authorized to recommend to the City Mayor the disposal
of such vehicles. Such disposition shall be at a public auction
under such procedure as the City Mayor shall establish with the
approval of the City Council.

2. Written notice of such public auction shall be sent to the last

known address of the last known registered owner of the
vehicles, at least fifteen (15) days prior to the date of the
auction.

3. Any owner/operator, driver or persons legally entitled to such

vehicle removed or taken into custody as prescribed above, may
at any time prior to such auction pay to the Office of the City
Treasurer all the costs and expenses relating to the removal,
towing and storage of such vehicle.

Section 6. PROHIBITED PARKING. It shall be illegal

for any person to park a vehicle upon any roadway for the
principal purpose of:

a. Displaying such vehicle(s) for exhibition or sale;

b. Washing, greasing, or repairing such vehicle.

Section 7. PARKING STALLS. - The TEB is hereby

authorized and directed to establish, mark and designate parking
stalls for the parallel or angle parking of motor vehicles upon
designated areas or streets.

Section 8. DESIGNATED PAY-PARKING AREAS.- The

following street/roads in the City are hereby identified and

6
SP Ord. No. 2727-2005

34
designated as Pay Parking Areas where parallel or angle
parking of motor vehicles are allowed.

a. MARCOS CALO STREET (South to North Direction).

The whole span of the right side thereof, starting from
the corner with Gomez Street on the South up to its
intersection with J. Flores street;

b. A.D. CURATO STREET (North to south Direction).

The whole span of both sides thereof, except that
position along the sidewalk to Rizal Park, starting from
its intersection with J.C. Aquino on the South up to its
corner with Lopez Jaena Street and G. Flores Avenue
on the North.

c. SAN JOSE STREET (West to East Direction). The

whole span of the right side thereof, starting from its
junction with Ester Luna Street (formerly Conception
Street) on the West up to its junction with Apolinario
Mabini Street on the East and a portion of the left side
thereof, starting form, its junction with Ester Luna
Street on the West up to its intersection with A.D.
Curato Street on the East.

d. ESTER LUNA STREET (Formerly Concepcion Street,

North to South Direction). The portion of said street,
particularly at the right sides thereof, starting from its
corner with Villanueva Street on the North up to its
junction with San Jose Street on the South.

e. HON. AZOTE STREET (East to West Direction). The

portion of said street, particularly at the right side
thereof, starting from its intersection with Marcos Calo
Street on the East up to its corner with San Francisco
Street on the west.

f. G. FLORES AVENUE (north to South Direction) The

whole span of G. Flores Avenue particularly the right
side thereof, starting from its junction with David

35
 Rosales Street on his North up to its intersection with
Lopez Jaena and A.D. Curato Streets on the South.

g. VILLANUEVA STREET (East to West Direction)

Portion along the right side, provided that old
westbound PUJs may park along Villanueva Extension.

h. DAVID ROSALES STREET (East to West Direction)

The portion of said street, particularly at the right
side thereof, starting from its junction with G. Flores
Avenue on the East up to its intersection with Montilla
Boulevard on the West, except that portion from the
corner of San Francisco Street up to its intersection of
R. Calo Street.

Section 9. RATE OF PARKING FEES. - Vehicles parking

in the above designated parking stalls shall be charged a
corresponding fee listed herein below:

a. First Five hours Fifteen (P15.00) pesos or any

fraction thereof.
b. Succeeding hours Five (P5.00) pesos per hour.
c. Monthly fee - of Three Thousand (P 3,000.00) pesos.

Section 10. EXEMPTIONS. The driver or operator is

exempted from paying parking fees if he meets any of the
following conditions:

a. Short stops not exceeding seven (7) minutes;

b. Loading and unloading of merchandise on and

from vehicles owned or hired by owners of stores
in the area. After loading or unloading the vehicle
must leave, otherwise it shall be subject to the
parking fee herein above provided;

c. Parking between 10:00 oclock P.M. up to 5:00

oclock A.M.; and

36
 d. Governmentowned motor vehicles parked while
in the personnel on board are performing official
functions.

Section 11. DUTIES OF A PARKING FEE COLLECTOR

(PFC). - 1. The duly assigned PEC shall issue the corresponding
official parking ticket to the driver of the parked vehicle in the
designated parking stall or areas and collect the corresponding
fee. Upon receipt of the parking fee from the driver, the PEC
shall at all times issue said driver with an official receipts
reflecting the amount paid.

2. Any collector who fails or refuses to issue an official receipt for

payment received shall be severed from his position and shall be
punished by an imprisonment of not more that Thirty (30) days
or a fine of not more that One Thousand (P 1,000.00) or both
such fine and imprisonment at the discretion of the court.

ARTICLE VII

PLATE NUMBERS AND STICKERS

Section 1. DISPLAY OF PLATE NUMBERS AND

STICKERS. - Drivers, owners and operators of vehicles are
required to firmly attach and display the plate numbers of their
vehicles in a manner that it is legible and visible from both the
front and rear portion of their vehicles. Stickers showing the
vehicles current registration shall likewise be displayed. Further,
it shall be prohibited for any driver, owner or operator to attach
to his vehicle any dirty or tampered license plate and sticker.
Use of, attaching commemorative plate in any vehicle is likewise
prohibited unless the driver, owner, operator has a special
permit from the LTO.

37
 ARTICLE VIII

VEHICLE EQUIPMENT
AND ACCESSORIES

Section 1. SCOPE. - Any driver, owner or operator of

vehicles is prohibited to drive, move said vehicle in any street,
road, alley in the City knowing that the same is in an unsafe
condition or the same does not contain parts, equipment or
accessories necessary for the safety of its passengers.

Section 2. LAMPS ON PARKED VEHICLES. - It is

hereby required that when a vehicle is parked or stopped on the
City streets, roads, alleys other than those that are designated
as PAY-PARKING AREAS, during the time between sunset and
sunrise, a red light shall be displayed at the rear part thereof
and the same shall be visible from a distance of at least 200
feet. Provided, that no lights shall be required of such vehicle
when the same vehicle has a red reflector in its rear part and the
same is visible from a distance of 200 feet.

Section 3. SIGNAL LAMPS. - All vehicles plying the City

routes is hereto required to be equipped with signal lamps or
devices, such as:
a. Stop Lamps on the rear which shall emit a red light
upon application of the service (foot) brake and shall
be visible from a distance of 100 feet;

b. A lamp or any mechanical signal device that

indicates the drivers intention to turn right or left and
which shall be visible from the front and rear part.

Section 4. HEAD LAMPS. - 1.Vehicles other than

motorcycles, tricycles, bicycles or motorized scooters shall be
equipped with at least two (2) headlamps mounted on each side
in front.

2. Motorcycles, motorized scooter are required to be equipped

with at least one headlamps in front thereof and shall have

38
sufficient intensity to reveal a person or vehicle at a distance of
at least 100 feet in front.

Section 5. SPOT LIGHTS. - It shall be prohibited for any

person, driver, owner, operator to mount and/or use any spot
light on his vehicle while in motion upon any street, road or
highway in the City.

Section 6. SEAT BELTS. - 1. It shall be required of all

owners and operators of four -wheeled vehicles plying in the City
roads/streets to equip said vehicles with appropriate seat belts;
drivers and passengers of said vehicles are further required to
use the seatbelts when the vehicle is in transit.

2. Owners and operators of PUBs and PUJs are likewise required

to equip their vehicles with appropriate accessory that will
ensure safety of its passengers while the vehicle is in transit.

Section 7. DISPLAY OF EARLY WARNING DEVICES.-

Whenever a vehicle is disabled upon the travelled portion of any
road, street, alley or highway in the City at any time, the driver
shall display early warning devices.

CHAPTER IV

ROUTES, PICK-UP AND DROP POINTS,

LOADING AND UNLOADING AREAS,
AND DISPATCHING

ARTICLE I

PUBLIC UTILITY JEEPNEY (PUJ) ROUTE

Section 1. ROUTES FOR PUBLIC UTILITY
JEEPNEY(PUJ). All PUJs coming in and out of the City shall use

39
and pass only through specifically designated routes as herein
described in the succeeding section.

Section 2. DESIGNATED STREETS AND ROADS AS PUJ

ROUTES.7 For the purpose of this Code, all PUJs plying the City
streets are required to use only the designated routes as follows:

3.1 East Travel Lines:

Incoming: From J. C. Aquino Avenue turn right to

R. Calo Street turn left to Montilla Street turn
right to Langihan Road turn right to the road at
the back of the old tennis court then proceed
towards the road beside the lagoon turn right to
Andaya Road and proceed towards the terminal.

Outgoing: From the terminal turn right to

Salvador L. Calo Avenue turn right to Montilla
Boulevard turn left to J. C. Aquino Avenue towards
its destination.

3.2 West Travel Lines:

Incoming: From the national highway turn left to

Balanghai Road towards Paradise Subdivision turn
left to Libertad-Ambago Road turn right to
Doongan-Ambago Road then proceed towards Mayor
Salvador L. Calo Avenue turn right to the road
beside the lagoon turn left to Andaya Road and
proceed towards the terminal.

Outgoing: From the terminal turn right to the

road fronting the terminal turn left to Mayor
Salvador L. Calo Avenue and proceed towards the
Doongan-Ambago Road turn left to Libertad-
Ambago Road turn right to the Balanghai Road

7
SP Ord. No. 3427-2008

40
 and proceed toward Barangay Libertad and turn
right to the national highway.

3.3 South Travel Lines:

Incoming: From the south proceed to Ochoa

Avenue turn right to Mayor Salvador L. Calo
Avenue and proceed towards the road beside the
lagoon turn left to Andaya Road then proceed
towards the terminal.

Outgoing: From the terminal turn left to Mayor

Salvador L. Calo Avenue turn left to Ochoa Avenue
then proceed to points of destination.

3.4 North Travel Lines:

Incoming: From the north, proceed to Mayor

Salvador L. Calo Avenue turn right to the road
beside the lagoon turn left to Andaya Road then
proceed towards the terminal.
Outgoing: From the terminal turn right to
Andaya Road turn left to the road beside the
lagoon turn left to Mayor Salvador L. Calo Avenue
then proceed towards Doongan-Ambago Road to
points of destination.

Section 3. PENALTY.- Any driver, owner, or operator of

PUJs caught using or plying in the City streets, roads outside of
those specifically enumerated in the preceding section shall be
punished by a fine described hereunder:

First Offense - Administrative fine of Three Thousand

Pesos (P3,000.00);

Second and Succeeding Offenses - Administrative

fine of Five Thousand Pesos
(P5,000.00) or an imprisonment of

41
 thirty (30) days or both such
fine and imprisonment at the
discretion of the Court.8

ARTICLE II

PICK-UP AND DROP POINTS

For PUJs

Section 1. PICK UP AND DROP POINTS FOR PUJs. -The

following areas are designated as pick up and drop off points:

A. Pick up Points:

1) Eastbound PUJs

i. Outermost right lane going east along J.C.

Aquino Avenue fronting Arocha Enterprises,
specifically for PUJs bound for Cabadbaran.

ii. Outermost right lane going east along

J.C. Aquino Avenue, fronting Waiting Shed
adjacent to the Northside of the PNP
Compound, specifically for PUJs bound for
Bayugan.

2) Westbound PUJs

i. Outermost right lane going South, along

Montilla Boulevard across SJIT.

ii. In front of the VJC Video Planet Establishment

along J.C. Aquino Avenue.

8
SP Ord. No. 3427-2008

42
 B. Drop Off Points:

1) East Bound PUJs

i. Outermost right lane going North, along G.

Flores Avenue fronting Villahermosa
Enterprises for PUJs both coming from
either Cabadbaran, Agusan del Norte and
Bayugan.

ii. Outermost right lane going East, along J.C.

Aquino Avenue, across that Pick-up Point,
facing VJC Video Planet establishment.

iii. Outermost right lane going north, along

Montilla Blvd.

ARTICLE III

PUBLIC UTILITY BUS (PUB) ROUTES

Section 1. ROUTES FOR PUBs.- All PUBs coming in and

going out of the City shall use and pass only through specifically
designated routes.

Section 2. DESIGNATED ROADS AND STREETS AS

PUB ROUTES. The following routes are hereby designated as
routes for PUBs coming in and out of the City:

a. FROM EASTBOUND ROUTES

Entry - From J.C. Aquino Avenue right turn to R.

Calo St. left to Montilla Boulevard left turn to
Salvador L. Calo Ave. left turn to the road along
the lagoon then to the Bus Terminal.

43
 b. TO EASTBOUND ROUTES

Exit - From Bus Terminal right turn to the

road along the lagoon right turn Salvador L. Calo
Ave. right turn to Montilla Blvd. left turn to J.C.
Aquino Ave. then to the destination.

c. FROM WESTBOUND ROUTES:

Entry - From J.C. Aquino Avenue, left turn to

Doongan Road, Barangay Hall right turn to S.L. Calo
Ave. right turn to the road along the lagoon then
to the Bus Terminal.

d. TO WESTBOUND ROUTES

Exit - From Bus Terminal to Salvador L. Calo

Ave. via road along the lagoon left turn to Holy
Redeemer Road City Hall Jose Rosales Ave.
right turn to DBP to destination.

ARTICLE IV

LOADING AND UNLOADING AREAS

FOR PUJs and PUBs

Section 1. DESIGNATED LOADING AND UNLOADING

AREAS FOR PUJs. Soliciting or picking up of passengers in
areas other than the terminal is strictly prohibited. Unloading of
passengers shall only be at the areas designated by the LTTMO
for the purpose.9

Section 2. DESIGNATED LOADING AND UNLOADING

AREAS FOR PUBs. -1. The only loading area within the City

9
SP Ord. No. 3427-2008

44
designated for the PUBs going East is the right side of Gov. Jose
C. Aquino Avenue due East, infront of the Urios Gym.

2. PUBs coming from the West shall be allowed to unload

passengers or cargoes at the right side of Gov. Jose C. Aquino
Avenue due North, starting eight (8) meters from its corner with
Gov. Jose Rosales Avenue.

Section 3. REGULATED ACTS. All PUVs including

tricycles, public utility jeepneys, and public utility buses shall be
allowed to load and/or unload passengers and/or cargoes only in
the terminals and in the designated loading and unloading areas
within the City.

Section 4. PENALTY. Any person who violates any

provision of this Article shall be punished with an imprisonment
for a period of one (1) month or a fine of P2,000.00 or both such
fine and imprisonment at the discretion of the court. Provided,
however, that no criminal prosecution may be initiated if the
offender pays the administrative fine as follows:

first offense -P 100.00

second offense - 300.00
third offense - 600.00
fourth and succeeding offenses - 1,000.00

ARTICLE V

AUTO CALESA (AC for Brevity) ROUTE

Section 1. REGULATED ACTS. -All drivers or operators

of registered auto calesa (AC) shall use only the routes designated
for the purpose as herein below provided and as may hereinafter
prescribed by the Sangguniang Panlungsod per recommendation
by the LTTMO.

45
 Section 2. DESIGNATED INTRA-CITY ROUTES. The
following routes are hereby designated as intra-city routes for
auto-calesa (AC) in Butuan City:

a. ROUTE 1 - Bancasi-Libertad-J.C Aquino Avenue-

right turn to A.D. Curato-right turn to F. Durano St.
right turn to Montilla Boulevard-left turn to J.C.
Aquino Avenue and vice versa;

b. ROUTE 2 - Bancasi-Libertad-J.C. Aquino Avenue-

left turn to Montilla Boulevard-right turn to T. Calo
St. right turn to E. Luna Street - right turn J.C.
Aquino Avenue and vice versa;

c. ROUTE 3 - Bancasi-Libertad-J.C. Aquino Avenue-

right turn to A.D.Curato St.-left turn to Datu
Silongan St. (Formerly Del Pilar St.)-left turn to M.
Calo St- G. Flores Avenue- left turn to M. Calo St-
G. Flores Avenue- left turn to Rosales St.-left turn
to J. Rosales Avenue-right turn to J.C. Aquino
Avenue and vice versa;

d. ROUTE 4 - Bancasi-Libertad-J.C. Aquino Avenue-

right turn to A.D.Curato St.- left turn to Teofilo
Sanchez St.-left turn to M. Calo St.- G. Flores
Avenue-left turn to Rosales St.-right turn to Montilla
Boulevard-U-Turn at Salvador Calo Avenue-right
turn to Andaya Road-Butuan City Terminal-
Langihan Public Market-J. Satorre St.- City Hall- J.
Rosales Avenue-right turn to J.C. Aquino Avenue
and vice versa;

e. ROUTE 5 - Bancasi-Libertad-J.C. Aquino Avenue-

right turn to Capitol Avenue-Capitol Drive-Pizarro
St.- F. Durano St.- left turn to AD Curato St.- right
turn to T. Sanchez St.- left turn to M. Calo St.-left
turn to Burgos St.- left turn to R. Calo St.-right turn
to J.C. Aquino Avenue and vice versa;

46
f. ROUTE 6 Bancasi-Libertad-J.C. Aquino Avenue-
left turn to J. Rosales Avenue-City Hall-J. Satorre
St.- Langihan Public Market (passing the
circumferential road)- right turn to Langihan Road,
left turn to T. Calo St. right turn to Montilla
Boulevard-left turn to J.C. Aquino-right turn to AD
Curato St.- right turn to F. Durano St.- Pizarro St.-
left turn to Capitol Drive-straight to Capitol-Bonbon
Road- then Libertad and vice versa;

g. ROUTE 7 - De Oro- Camayahan-Ampayon - J.C.

Aquino Ave. right turn to R. Calo St. right turn to
T. Calo St.- left turn to G. Flores Ave.- left turn to
Rosales St.-right turn to Montilla Blvd.-left turn to
Andaya Road-left turn to the circumferential road -
J. Satorre St.- City Hall- Gov. Rosales-left turn to
J.C. Aquino Ave. and back to the point of origin;

h. ROUTE 8 - From the East upon entering the city

proper, will go through J. C. Aquino Avenue up to
the intersection of DBP then right turn to Gov.
Rosales Avenue towards City Hall, passing through
the East Side of the City Hall Rotonda, then right
turn at Gov. J. Satorre St., then right turn to the
Langihan Circumferential road, then left turn to
Langihan Road then right turn to Jose P. Laurel
Street towards the lagoon, right turn at Andaya
Road, right turn at North Montilla Boulevard, then
finally left turn at JC Aquino Avenue towards
Barangay Sto. Nio Terminal and vice versa.
Provided however, that the AC which shall use the
said route shall bear the color coding description of
Light Green Body.

i. ROUTE 9 - Bound for Libertad-Ambago-Salvador L.

Calo Avenue-right turn to J. Satorre-right turn to
circumferential road at Salvador L. Calo Premium
Market-right turn to Langihan road-right turn to
T.Calo Street-left to Gov. Rosales Avenue-right turn

47
 to J.C. Aquino Avenue (highway) to destination;
and

j. ROUTE 10 - Plying along the National Highway

from Bancasi to Ampayon via the New Butuan City
Medical Center, this City and vice versa.

Section 3. DESIGNATED INTER-CITY ROUTES-The

following routes are hereby designated as inter-city routes for
auto-calesa (AC) in Butuan City operating under the color-coding
scheme. They shall have the corresponding identity and travel
lines, as follows10:

a. ROUTE 11 Those ACs that have the following marks:

1. color code - red with silver stripe

2. route mark - black on red background
3. slogan - green letter

ROUTE MARK:

Libertad, Capitol-Bonbon diversion road drop by

Otis Mall Terminal, J. Flores Avenue, J. Satorre
Avenue, Langihan Road, T. Calo Extension, Montilla
Boulevard, JC Aquino Avenue. A.D. Curato Street,
Sanchez Street, Montilla Boulevard, Pili Drive, Ochoa
Avenue, JC Aquino Avenue, J. Rosales Avenue,
Capitol-Bonbon Road then drop by Otis Mall Terminal
towards Libertad and vice-versa.

b. ROUTE 12 - Those ACs that have the following marks:

1. color code - yellow with silver stripe

2. route mark - black on yellow background
3. slogan - red letter

10
SP Ord. No. 3071-2006

48
 ROUTE MARK:

Amparo, Bit-os, Mandacpan, San Vicente, South

Montilla Boulevard, Durano Street , M. Calo Street, G.
Flores Avenue, Rosales Street, Montilla Boulevard,
Andaya Road, Langihan, J. Satorre Street, City Hall, J.
Rosales Avenue, Villa Kananga Road towards Barangay
Amparo, vice-versa.

c. ROUTE 13 -Those ACs that have the following marks:

1. color code - green with white rays

2. route mark - black and green background
3. slogan - black letter

ROUTE MARK:

Banza, Maug, Mahogany, Baan Highway, Montilla

Boulevard, Andaya Road, Langihan, J. Satorre, City
Hall, J. Rosales Avenue, J.C. Aquino Avenue, vice
versa.

Section 4. DESIGNATED LOADING AND UNLOADING

AREAS FOR ACs. The loading and unloading points within the
poblacion are the following areas:

1) For ACs going outside the Poblacion/West Bound:

a. The right side of Gov. Jose C. Aquino Avenue

due West starting six (6) meters after the
nearest corner with Ester Luna Street;

b. The right side of Gov. Jose C. Aquino Avenue

due West, starting seventy (70) meters after
the nearest corner of the intersection with
Montilla Boulevard;

49
 c. The right side of Gov. Jose C. Aquino Avenue
due west, starting six (6) meters after the
corner of the intersection with Elisa Ochoa
Avenue;

d. The right side of Gov. Jose C. Aquino Avenue

due West, before reaching the intersection with
Gov. Jose Rosales Avenue. Provided, that the
6-meter distance from the nearest corner
should be left vacant;

e. The right side of Gov. Jose C. Aquino Avenue

due West, twenty (20) meters away after the
junction of Imadejas Road;

f. The right side of Gov. Jose C. Aquino Avenue

due West, in front of its junction with DAR
Subdivision Road;

g. The right side of Gov. Jose C. Aquino Avenue

due West, in front of its junction with Luz
Village Subdivision Road;

h. The right side of Gov. Jose C. Aquino Avenue,

due West, in front of Butuan Doctors Hospital;

i. The right side of Gov. Jose C. Aquino Avenue

due West, six (6) meters after its junction with
the road leading to the Provincial Hospital; and

j. The right side of Gov. Jose C. Aquino Avenue

due West, six (6) meters, after its junction of
the road leading to Ambago.

2) For ACs coming from the West (Libertad):

a. The right side of Gov. Jose C. Aquino Avenue

due East, in front of Libertad Public Market;

50
b. The right side of Gov. Jose C. Aquino Avenue
due East, opposite Butuan Doctors Hospital;

c. The right side of Gov. Jose C. Aquino Avenue

due East, starting six (6) meters after this
junction with Luz Village Subdivision road;

d. The right side of Gov. Jose C. Aquino Avenue

due East, starting six (6) meters from its
junction with DAR Subdivision road;

e. The right side of Gov. Jose C. Aquino Avenue

due East, starting six (6) meters away after its
junction with Imadejas Subdivision road;

f. The right side of Gov. Jose C. Aquino Avenue

due East, starting after a distance of six (6)
meters from the eastern intersection with
Capitol Avenue;

g. The right side of Gov. Jose C. Aquino Avenue

due East, in front of VJC Video Planet
establishment;

h. The right side of Jose C. Aquino Avenue due

East, in front of the Central Police Station
(between waiting shed and the stage);

i. The right side of A.D. Curato Street due

South, in front of the Butuan Central
Elementary School;

j. The right side of A.D. Curato Street due South

in front of the Agusan National High School;
and

k. The right side of G. Flores Avenue due North,

near the Fire Station Office.

51
 ARTICLE VI

DISPATCHING

Section 1. REGULATING DISPATCHING.- For purposes

of this Code, only authorized dispatchers or dispatchers
association may engage in dispatching activity in terminals,
pick-up or drop points, and loading and unloading zones in the
City. Such dispatching activities shall be regulated in a manner
that:

1. They shall only be performed by registered and

licensed dispatchers or dispatchers association
whose personnel are distinguished by their
uniforms.

2. Dispatchers shall have a written contract with duly

registered PUJ Operator, or PUJ Operators and
Drivers Organizations.

3. TEB shall supervise and monitor activities of these

authorized Dispatchers.

Section 2. PENALTY.- Violation or non-implementation of

any provision of this Article shall be punished by:

a. A fine of P300.00 for the 1st Offense; P500.00

for the second offense; P750.00 for the 3rd
Offense, in addition to the cancellation of
dispatching license, or imprisonment of not
more that 15 days or both such fine and
imprisonment at the discretion of the Court.

b. The driver, operator who allows

unregistered/unlicensed dispatchers to perform
dispatching activities shall be fined with
P300.00 for the 1st Offense, P500.00 for the
2nd Offense; P750.00 for the 3rd Offense plus
cancellation of his drivers license or
imprisonment of not more that 15 days or both

52
 such fine and imprisonment at the discretion of
the Court.

c. Operator, whose driver commits the 3rd

Offense shall be fined P2,000.00 on top of the
suspension of his operation for not more that 1
month.

d. Any TEB or PNP Traffic Enforcer who fails to

enforce this Article shall suffer administrative
sanctions.

CHAPTER V

TERMINALS

ARTICLE I

BUTUAN BUS TERMINAL

Section 1. ESTABLISHMENT OF A BUS TERMINAL. -

The City cognizant of its obligation to deliver efficient public
service to its constituents particularly to the riding public, hereby
establish, operate and maintain a Bus Terminal at the Butuan
Trade Center.

Section 2. ADMINISTRATION, OPERATION AND

MAINTENANCE OF THE BUS TERMINAL. - For an efficient
administration of the operation and maintenance of the Bus
Terminal, there is hereby created a City Terminal Management
Team (CTMT) which shall be responsible for the efficient and
effective administration of the operation and maintenance of the
Bus Terminal. The same shall be directly under the supervision
of the Office of the City Mayor.

Section 3. COMPOSITION, DUTIES AND

OBLIGATIONS OF CTMT. - The City Administrator shall act as

53
Executive Director of the CTMT, he shall be assisted by the City
Assessor, City Treasurer and City Chief of Police. As a
management team, CTMT shall be responsible for ensuring
effective and efficient service of the terminal to the riding public.
The CTMT may employ the services of other personnel it may
deem necessary to enforce its function of effective and efficient
administration, peaceful operation of the Bus Terminal.

1. The functions of CTMT shall include but not limited

to the following:

a. Develop rules and policies that will ensure

effective, efficient management of the Bus
Terminal;

b. Ensures that the riding public using the

services and facilities of the Bus Terminal
shall at all times safe and secure;

c. Ensures that there is always order in the day

to day operation of the Bus Terminal;

d. Recommends to the City Mayor the area(s) in

the Bus Terminal to be offered for lease/rent to
the public;

e. Ensures that lessees and stall holders in the

terminal comply with the requirements set by
the appropriate law or order;

f. Ensures the maintenance the usefulness of the

facilities and sees to it that premises are in
clean and sanitary condition; and

g. Performs such other function(s) as assigned

by the City Mayor.

54
 Section 4. PROHIBITED ACTS INSIDE THE BUS
TERMINAL. The CTMT is specifically directed to ensure that
none of the following acts are committed inside the Bus
Terminal:

1. Maintenance services and major repairs on any

vehicle;

2. Reckless driving;

3. Drinking of liquor by any person;

4. Spitting and littering at the terminal area;

5. Urinating and defacating in areas in the Terminal

other than the Comfort Rooms;

6. Carrying by any person of any deadly weapon

including but not limited to guns, knives and bolos.

Section 5. PENALTY.- Any person who violates any

provision of this Article shall be punished by a fine of not less
than Five Hundred Pesos (P 500.00) nor more than One
Thousand Pesos (P1,000.00) or an imprisonment of thirty (30)
days or both such fine and imprisonment at the discretion of the
Court.

Section 6. PORTERAGE, CARGO HANDLING AND

DISPATCHING SERVICES IN THE BUS TERMINAL.- To
ensure that the riding public will be afforded with convenience
while using the facilities of the Bus Terminal, the Code hereby
allows the offer of porterage, cargo handling and dispatching
services in the Terminal, provided that:

1. The porterage and cargo handling services and

dispatching activities shall only be provided by a
cooperative or group, duly registered with the
concerned agencies, after being granted a franchise
by the Sangguniang Panlungsod;

55
 2. Authorized porters and handlers are easily
identifiable by their uniform and identification
cards;

3. Passenger/s who desire to carry their own

cargoes/baggage shall not be obliged to avail of the
services of the said porters and handlers;

4. Passenger/s shall be afforded with utmost courtesy

by the porters and handlers; and

5. Cargoes damaged due to mishandling of the

porter(s) shall be the responsibility of the
cooperative/group and the cargo/baggage owner
shall be given due compensation by said
cooperative/group.

Section 7. EXPANDING THE AREA OF THE BUS

TERMINAL.-The Sangguniang Panlungsod may, upon
recommendation of the City Mayor, designate additional area or
areas where the Butuan Bus Terminal may expand, and the
same shall be deemed to be within the jurisdiction of the City
Terminal Management Team.

ARTICLE II

AMPAYON PAY-PARKING TERMINAL

Section 1. PAY-PARKING TERMINAL FOR PUBs,

PUJs and CARGO TRUCKS. - There is hereby designated and
established as pay-parking or terminal for PUBs, PUJs and cargo
trucks for hire.

Section 2. LOCATION.- The City hereby designates as

pay-parking terminal for the PUBs, PUJs and Cargo Trucks the
vacant lot owned by the City Government located at Barangay
Ampayon, particularly described as follows:

56
 On the North existing City Government
Subdivision;

On the South highway junction from Butuan to

Surigao and to Davao;

On the East by lot owned by Dr. Boy Briones;

On the West by lot owned by Johnny Lou.

Section 3. RATE OF PARKING FEES.- As intended

under this Code, only PUBs, PUJs and Cargo Trucks will be
allowed to park in the Ampayon Pay Parking Terminal. Parking
will be charged with corresponding fees listed herein below:

a. First Five hours Fifteen (P15.00) pesos or any

fraction thereof.

b. Succeeding hours Five (P5.00) pesos per hour

c. Monthly fee of Three Thousand (P 3,000.00) pesos

CHAPTER VI

MOTORIZED TRICYCLE-FOR-HIRE,
MOTORIZED TRISICAD-FOR-HIRE, SINGLE
MOTOR-FOR-HIRE AND MOTORELA

ARTICLE I

REGULATING OPERATION OF
MOTORIZED TRICYCLE-FOR-HIRE,
MOTORIZED TRISICAD-FOR-HIRE,
SINGLE MOTOR-FOR-HIRE
AND MOTORELA-FOR-HIRE

57
 Section 1. AUTHORITY TO REGULATE.-The authority to
grant the necessary franchise or permit to operate a tricycle-
for-hire, motorized trisicad-for-hire, single motor-for-hire and
motorela-for-hire is vested upon the Sangguniang Panlungsod.
The same shall likewise provide for the proper identification,
marking and numbering of all said vehicles awarded with the
appropriate franchise or permit to operate.

Section 2. REGISTRATION AND FRANCHISING OF

TRICYCLES FOR-HIRE.- Only tricycles that are duly registered
and has the appropriate franchise/permit to operate shall be
allowed to ply the streets of the City.

Section 3. PROCEDURE OF REGISTRATION.11 -The

new registration procedure will be as follows:

Step I. Secure application forms from

the Permits and Licensing Division, City
Mayors Office, and fill-up the same.
Initial evaluation of the application will
be made to determine if the applicant is
qualified.

Step II. Proceed to City Engineers Office-Motor

Pool for inspection of the units as to its
roadworthiness and particularly in its
capability to transport passengers safely
and efficiently. Among the foremost
parts and accessories to be checked are:

a. Mechanical System
b. Electrical System including headlights,
brake lights and signal lights
c. Brake System hand and foot brakes
d. Rear and Front Reflectors

11
SP Ord. No. 3275-2007

58
 e. Body panel, upholstery and body paint
should be presentable and in good
condition.

Step III. Proceed to LTTMO for verification of

Any existing traffic violations of
owners/drivers and to undergo seminar
on traffic rules and regulations.

Step IV. Payment of Franchise Verification Fee

of Fifty Pesos (P50.00) at the City
Treasurers Office and thereafter, secure
endorsement from the Permits and
Licensing Division, City Mayors Office.

Step V. Proceed to Office of the

Sangguniang Panlungsod for the
application or renewal of franchise.

Step VI. Once, franchise application or

renewal is approved by the Sangguniang
Panlungsod, proceed to Permits and
Licensing Division, City Mayors Office,
for the final evaluation and compliance of
other requirements. If disapproved,
make the necessary corrections on the
deficiencies based on the findings and
recommendations of the Sangguniang
Panlungsod.

Step VII. Payment of all necessary registration

fees at the City Treasurers Office.

Step VIII. Secure your MTOP.

Section 4. . REGISTRATION PERIOD.12 -Registration

shall be made on the following months:

12
SP Ord. No. 3275-2007

59
 January Motorela, Motorized Tricyle and 2-Seater
Tricycle
July Trisicad
September Single Motor
November Motorized Trisicad
Provided, however that tricycles-for-hire plying the
Western Suburb Routes shall register on the month of
November.13

Section 5. MINIMUM PHYSICAL REQUIREMENTS FOR

TRICYCLES-FOR-HIRE. Every tricycle-for-hire shall be
strongly-built, well balanced, with pneumatic rubber tires and
neatly painted, shall have firm connection, upholstered seat with
its side and backrest provided with two (2) lamps with clear light
at the front, with waterproof top, curtains and rain aprons, and
shall be provided with horns for warning purposes, and must
comply with the following minimum requirements and
specifications:

a. PRIME MOVER AND CAB:

1. The power rating for motorcycle to be used as

prime mover will be 75cc. to 155cc. (engine
displacement);

2. The cab must be attached firmly and securely to

the prime mover; and

3. The type of the cab should be the standard six

seater with two passengers at the right side of the
driver and four at the back or four-seater with two
passengers at the right side of the driver and two
at the back.

b. TOPPING:

1. The cab must be provided with a topping, side and

13
SP Ord. No. 3372-2008

60
 front covers to insure shade from the sun and
shelter from rain;

2. Support of topping and sides must be strong

enough to withstand maximum load;

3. Maximum number and size of post 10 pcs. 3/8

inches round iron bar;

4. Minimum size of topping ribs round iron bar;

5. All joints must be welded or bolted securely;

6. There must be an optional baggage compartment

at the top flooring and sidings must be made of
steel plate. Minimum thickness is Gauge 20;

7. Cab body to be welded or lap-bolted, to auxiliary

chassis;

8. All joints to be welded or lap-bolted;

9. Sidings and floorings must be free of sharp edges;

and

10.Space must be provided for baggage

compartment.

c. SEAT AND BACKREST. Seat and backrest must be

upholstered and encased securely to a framing:

1. Minimum size of framing x 1/8 single iron.

d. LIGHTINGS. In addition to the lighting of the prime

mover (motorcycle), lights must be provided on the cab,
one (1) for headlight, two (2) for tail light and one (1) for
interior lighting:

1. Cab headlight must be placed rightmost

(outermost of the cab having a maximum of 6
clearance from the edge), besides the

61
 headlight attached to the front of the motors
body;

2. Cab tail light must be placed on both

outermost sides of the cabs rear end, leaving
a maximum clearance of 3 inches from the
body edge;

3. Interior light must be placed provided with a

minimum clearness of a 6-watt bulb; and

4. Gadget to dim the headlights when meeting

other vehicles during the night.

e. CHASSIS FRAMING:

1. Attachment place 4X6X3/16 steel plate

bolted to motorcycle anchor with minimum of 4
pieces each steel bolts. The 1 GI pipe
welded to the attachment plate with
reinforcement bracket (2-2 leg);
2. Joint with 90 elbow joint, tightened and
welded at below edge;

3. 90 bent or 90 elbow joint, tightened and

welded at below elbow edge; reinforced with
plate 1/8 thick (1-2 leg);

4. Welded joint with reinforced plates 1/8 thick

steel plate; and

5. Minimum size of third wheel must be 26 x 2 ,

4-ply with heavy duty tire rim, sitting on
bearings with 5/8 axle shaft, third wheel must
be covered with mud guard.

f. Cab to Chassis Attachments:

Spring
1. Cab must be attached to the chassis framed

62
 by leaf springs, minimum of two (2) leaves
jeep spring per side. The front end of this main
spring should be hinged on bracket strong to
withstand the load, rear end must be shackled,
bracket must be 1/8. Spring must be U
bolted or clamped top the axle with no less
than 3/8 U bolt;

2. It must be also provided with stabilizer of at

least one (1) leaf keep spring, also attached
similarly to the main spring; and

3. Spring bracket block must be welded strongly

to the auxiliary chassis.

Section 6. FRANCHISING FEE.- Franchise Verification

Fee shall be collected once a year on or before the anniversary
date of the MTOP, unless another schedule is set by the
Sangguniang Panlungsod. Filing Fee shall be collected upon
application for an MTOP based on the number of units.

Section 7. RESTRICTIONS IN OPERATING

TRICYCLES.- Any driver or operator of a tricycle possessing a
City-issued valid franchise or permit to operate shall be allowed
to ply only along the designated City streets subject to the
following restrictions:

1. No tricycle shall be allowed to ply on national

highways such as in Jose Aquino Avenue which roads are
normally used by 4-wheel vehicles greater than 4 tons
and where normal speed exceed 40kph, except, however
in emergency situations where the tricycle is carrying a
passenger necessitating transfer to a hospital;

2. No driver of a tricycle shall refuse to convey any

passenger, except when the refusal is due to force
majeure or when the tricycle is obviously out of order.

3. No person operating or driving a tricycle shall load his

vehicle with more than six (6) passengers. He shall not
load freight or cargo that will unduly inconvenience the

63
 passengers or will cause serious danger to the public.

4. Tricycles are allowed to pass Jose C. Aquino Avenue

(formerly Zamora Street) from the foot of the Magsaysay
Bridge to the Development Bank of the Philippines (DBP)
at the outermost lane or both sides of the road from
8:00 oclock in the evening up to and until 5:00 oclock
in the morning, provided that:

i. It shall not move at a speed exceeding

20 kilometers per hour;

ii. It shall not overtake any vehicles in its lane;

iii. It shall not swerve to any of the inner lanes;
and

iv. It shall observe one route on either way.

5. Tricycle operators shall employ only drivers duly

licensed by the Land Transportation Office.

6. Owner, operator or driver shall not fake or display any

identification, marking or numbering on its tricycle
purporting the same to be issued and made by the City.

7. The driver, owner or operator of a duly registered

tricycle is required to install a silencer in the vehicles
muffler.

8. The grantee of MTOP must carry a common carriers

insurance sufficient to answer for any liability it may incur
to passengers and third parties in case of accidents.

Section 8. PENALTY. - 1. Any owner or operator of a

tricycle-for-hire who violates any pertinent provision of this
Article, apart from any administrative sanctions and fines under
existing laws and ordinances, shall upon conviction, suffer the
penalty of a fine of not less than P1,000.00 nor more than
P3,000.00 or imprisonment of not less that thirty (30) days nor
more that six (6) months, or both such fine and imprisonment at
the discretion of the court.

64
2. If the violation is committed by a corporation, partnership,
cooperative, or association, the penalty shall be imposed upon
the President, Director or directors, manager, managing partner,
or other officials responsible for such violation. The penalty
herein provided shall be without prejudice to the revocation of
the MTOP by the permits and licensing division.

3. Any driver of a tricycle who violates any pertinent provision of

this Article, apart from any administrative sanctions and fines
under existing laws and Ordinances, shall upon conviction suffer
the penalty of a fine of not less than P500.00 nor more than
P1,000.00 or imprisonment at the discretion of the court.

ARTICLE II

TRICYCLE FARES

Section 1. ALLOWABLE FARE. - Tricycle driver or

operator of a tricycle-for-hire can only shall ask or require a
passenger to pay his fare in the amount fixed and authorized by
the ordinance, laws, rules and regulations.

Section 2. RULES AND REGULATIONS. - Operators of

tricycles shall display inside their vehicles in bold letters, the
authorized fare to be paid by passengers.

Section 3. PENALTY. - Any driver, operator who violates

the provisions of this Article shall be punished by a fine of not
less than P300.00 nor more than P600.00, or an imprisonment
of not less than 10 days nor more than 30 days, or both such
fine and imprisonment depending upon the discretion of the
court; Provided, however, that no case may be elevated to the
court to prosecute the offender if he pays the administrative fine
as follows:

a) First Offense - P 100.00

65
 b) Second Offense - 200.00
c) Third Offense - 300.00
d) Fourth and succeeding offenses- 400.00

ARTICLE III

TERMINAL FOR TRICYCLES-FOR-HIRE

Section 1. DESIGNATED TERMINAL.- To ensure that

the riding public is amply protected, the City hereby designates
that piece of land located by the western side of the floodwall
stretching from the road-dike entrance to the Barangay Leon
Kilat Hall up to the Coast Guard Headquarters as terminal for the
tricycles-for-hire operating in the City.

For safety reasons, NO TRICYCLES SHALL BE ALLOWED

AT ANYTIME to use the Diosdado Macapagal Bridge. Further,
promenaders and vendors are not allowed at anytime in the
span of the Diosdado Macapagal Bridge. Furthermore, all types
of vehicles are not allowed to park at anytime along the span of
the bridge.14

Section 2. STRUCTURAL REQUIREMENT.- The City

directs the City Engineers Office (CEO) to construct shed houses
in the above-designated area where passengers can safely be
loaded and unloaded into the tricycles.

Section 3. MANAGEMENT OF THE TERMINAL.- The City

directs the CTMT under the supervision of the Mayors Office to
manage, supervise the terminal and perform the following
powers and duties:

a) Exercise direct administrative control and supervision;

14
SP Ord. No. 3364-2008

66
 b) Maintain cleanliness and beautification in close
coordination with the City Health office;

c) Assist the City Treasurers Office in the collection of

taxes, fees, fines and the other impositions;

d) Perform other powers and duties essential and relevant

to the operation.

Section 4. PARKING FEE. - There shall be a parking fee

imposed and collected on tricycles on a per trip basis which shall
be collected by an authorized parking attendant upon every
departure from the Terminal. A ticket shall be issued for every
payment thereof.

Section 5. ACCRUAL OF FEES. - The fees and fines

collected from the Terminal operation shall accrue to the
following:

1. City Government 70%; and

2. Barangay Government 30%.

ARTICLE IV

MOTORIZED TRISICADS AND

SINGLE MOTORCYCLES-FOR-HIRE

Section 1. REGISTRATION. -Only motorized trisicads-

for-hire and single motorcycles-for-hire that are duly registered
and has the appropriate franchise/permit to operate issued by
the Sangguniang Panlungsod shall be allowed to ply the streets
of the City.

Section 2. REGULATING OPERATION. - 1. To ensure

the safety of the riding public as well as ensure efficient traffic
situation in the City, it is hereby required that before an
applicant may be allowed or permitted to operate in the City
streets, the following shall first be complied:

67
 a. Police Clearance. - which be issued after the
driver/operator-applicant has undergone seminar on
traffic rules and regulations being conducted by the
Traffic Division.

b. Mayors Permit

c. Certificate of Registration from the City

Treasurers Office;

d. Motorized Trisicad Plate Number or Single

Motorcycle-for-hire Plate Number as the case
may be.

e. Certificate of Road Worthiness to be issued by the

PNP Chief of Traffic Division and by the City
Licensing Division;

f. Insurance coverage;

g. Motorized Trisicad Drivers Permit which shall be

issued by the City Mayor upon favorable
recommendation by the Chief of Butuan City
Police Command, Traffic Division;

h. A valid and current Professional drivers license

from the LTO;

i. Medical Certificate attesting to his (driver) physical

fitness to undertake the work of driving a
motorized trisicad or a single motorcycle-for-hire
as the case may be;

2. In addition to the above requirements, Motorized Trisicads

and Single Motors-for-hire, shall be required to:

a. Attach a boldly printed or painted assigned Serial

Number at the front and rear of the vehicle;

68
 Section 3. ROADWORTHINESS. - Motorized Trisicad and
Single Motorcycles should only be considered road worthy if it
has the following devices:

i. Headlight;
ii. Side Mirror;
iii. Brake System;
iv. Reflector of reflectionized sticker both sides,
front rear, size 1 x4;
v. Cab Tail light;
vi. Trisicad horn; and

vii. Signal light

Section 4. REFUSAL TO CONVEY PASSENGER.- No

driver of any motorized trisicad or single motorcycles-for-hire
shall refuse to convey any passenger within his designated
route.

Section 5 EXEMPTIONS.- A driver, owner or operator of

the trisicad may refuse to convey the passenger if the vehicle
has a mechanical defect.

Section 6. PROHIBITED ROUTES.- No owner, operator

or driver of any motorized trisicad-for-hire shall ply along the
following streets:

a. Portion of Langihan Road (specifically

between corner T. Calo up to the
intersection of the semi-circular road of the
Langihan Premiumed Market);

b. Gov. Jose C. Aquino Avenue;

c. T. Calo Street up to Extension Road;

d. Montilla Boulevard;

69
 e. R. Calo Street up to corner of Salvador Calo
Avenue;

f. Apolonio D. Curato Street;

g. Marcos M. Calo Street;

h. Gumercindo Flores Avenue;

i. Felimon Durano Street;

j. E.R. Ochoa Avenue; and

k. Gov. Jose Rosales Avenue.

PROVIDED, that motorized trisicads and single motorcycles for

hire shall be allowed to use all streets, avenues and boulevards
in the City of Butuan from 10:00 oclock in the evening to 5:00
oclock the following morning.

Provided further, that Motorized trisicads plying along J.P.

Satorre Street, shall be allowed to use the semi-circular road
along the western and southern perimeter of the Langihan
Premiumed Market thence along the Langihan Road going North
to J.P. Satorre Street. Provided, that no Motorized Trisicad shall
be allowed to park along the semi-circular road and along such
portion of the Langihan Road abovementioned except to get
passengers and/or load cargoes and/or disembark passengers or
unload cargoes.

Section 7. WEARING OF HELMET. -All drivers and

passengers of any type of single motorcycle are hereby required
to wear helmet while travelling on any City streets, roads or
national highway.15

Section 8. PENALTY. - Any driver, owner or operator

who violates any provision of this Article shall be meted with the
following penalties:

15
SP Ord. No. 2045-1996

70
a. For Operator, he shall be punished by a fine of
not less than One Hundred (P100.00) Pesos, nor
more than One Thousand (P1,000.00) Pesos or
imprisonment of not less than Thirty (30) days nor
more than Six (6) months, or both such fine and
imprisonment at the discretion of the Court. If the
violation is committed by a corporation, a
partnership, a cooperative or association, the
penalty shall be imposed upon the President,
Director or Directors, Manager or Managing
partner or other official responsible for such
violation.

Provided, however, that no criminal prosecution

may be initiated if the operator pays an
administrative fine of Five Hundred (P500.00)
Pesos. Provided, Further, that subsequent
violations shall be a ground for the cancellation of
his permit or franchise and without prejudice to
criminal prosecution.

b. For driver, he shall be punished by a fine of not

less than P300.00, nor more than P500.00 or an
imprisonment of not less fifteen (15) days nor
more than thirty (30) days at the discretion of the
court. However, no criminal prosecution may be
initiated if the offender pays an administrative fine
of P100.00; Provided, further, that subsequent
violations shall be a ground for the cancellation of
his drivers permit and without prejudice to
criminal prosecution.

c. For owner-operator:

For failure to print the bold identification lettering

as mandated:

First Offense - P1,000.00 fine;

Second Offense - 2,000.00 fine; and

71
 Third Offense - 3,000.00 fine and impounding
of the motorized Trisicad Unit
and cancellation of the
franchise.

a. For imitating and falsely representing

hereof, P5,000.00 fine and impounding of
the trisicad unit and shall forever be denied
any opportunity for a franchise to
operate.

b. For a driver who operates in areas other

than the designated routes shall be
penalized as follows:

First Offense - P500.00

Second Offense - 1,000.00
Third Offense - 1,500.00

The Office of the City Treasurer is hereby designated to

collect the administrative fines or the penalty as imposed by the
Court and to issue the official receipt thereof. Funds collected
shall accrue to the general fund.

The apprehending officer shall submit and/or report to the

Office of the City Treasurer within 48 hours, the permit and/or
license confiscated as a result of the violation.

CHAPTER VII

BICYCLE OPERATION

72
 ARTICLE I

INSTALLATION OF GADGETS
Section 1. REFLECTOR GADGETS AND HEADLIGHTS.-
Any person who shall operate and ply a bicycle in the streets and
roads in the City is hereby required to install a reflector gadgets
and headlights to the bicycle.

ARTICLE II

BICYCLE LANES

Section 1. DESIGNATED BICYCLE LANES.-The City

hereby requires all persons travelling on a bicycle to use only the
following officially designated bicycle lanes:

a. Along Montilla Boulevard North to South direction

and vice versa; and

b. Along J.C. Aquino Avenue East to West direction

and vice versa.

Section 2. MARKINGS AND SIGNS.- The City directs the

City Engineers Office to set up the necessary markings and
signs along the designated bicycle lanes.

Section 3. PENALTY.- Any person who violates the

provisions of this Article, shall suffer the following penalties:

First Offense - P25.00;

Second Offense - 50.00; and
Third Offense - 75.00 plus revocation/cancellation of
permit.

If the offender is a minor, the parent or guardian

concerned shall be made to pay the applicable fine.

73
 CHAPTER VIII

ARTICLE I

PARADE, PROCESSION ROUTES

Section 1. REGULATING PARADE, PROCESSIONS,

DEMONSTRATIONS AND MASS ACTIONS.- The City hereby
adheres to the right of the public to expression and right to
peaceably assemble, provided, that mass activities in pursuit of
the same shall be reasonably regulated. It requires persons,
organizers, groups and organizations intending to use City
streets or a portion thereof for purposes of holding a parade,
procession, demonstration, mass action, or any public activity, to
secure a Mayors permit.

Section 2. DESIGNATING SPECIAL ROUTES AND

ARES.- The TEB and the City PNP Traffic Management Group
shall recommend to the City Mayor a City street or portion
thereof that may be used by any persons, groups, or organizers
of a parade, procession, demonstration, or mass action that has
been duly permitted by the City.

Section 3. RESTRICTED STREETS.- The following streets

are prohibited to be used for any activity as provided under
Section 1 of this Article:

a. the whole span of Marcos Calo Street;

b. the whole span of G. Flores Avenue;

c. the portion of David Rosales Street starting from its

junction with G. Flores Avenue up to and until R.
Calo Street;

d. that portion of R. Calo Street starting from its

junction with David Rosales Street up to and until
junction of Salvador Calo Street;

74
 e. the whole span of Salvador Calo Street and its
extension up to and until its junction with Ochoa
Avenue;

f. that portion of Ochoa Avenue starting from its

junction with Salvador Calo Extension up to and
until Jorge Satorre Street;

g. that portion of Jorge Satorre Street starting from its

junction with Ochoa Avenue up to and until
Doongan Street.

h. that portion of Doongan Road starting from its

junction with Jorge Satorre Road up to and until
J.C. Aquino Avenue;

i. that portion of J.C. Aquino Avenue starting from its

junction with Doongan Road up to and until Capitol
Avenue.

j. the whole span of Capitol Avenue, except the left

portion thereof starting from its junction with J.C.
Aquino Avenue up to the Capitol Building;

k. the whole span of Capitol Drive;

l. that portion of Guingona Street starting from its

junction with Capitol Drive up to and until Z. Pizarro
Street;

m. the whole span of Pizarro Street;

n. that intersection of Montilla Boulevard, Z. Pizarro

Street and F. Durano Street;

o. The whole span of F. Durano Street;

p. That portion of A.D. Curato Street starting from its

junction with F. Durano Street up to and until Noli
Me Tangere Street;

q. the whole span of Noli Me Tangere Street; and

75
 r. that portion of J.C. Aquino Avenue from the junction
of Ester Luna St., up to the junction of M. Calo St.

ARTICLE II

JAYWALKING

Section 1. PROHIBITION ON JAYWALKING. - 1. It

shall be prohibited for any person to walk or cross over any
street, road or highway in the City outside the designated or
duly marked cross-walk or pedestrian lane.

2.Walking in the duly marked or designated cross-walk or

pedestrian lanes with blatant disregard of traffic rules and
regulations set under this Code including the signals emitted by
traffic devices duly installed or the hand signals of the duly
authorized traffic enforcers.

Section 2. DESIGNATING PEDESTRIAN LANES OR

CROSSWALKS. - a. Pedestrian lanes shall be provided and laid
in the streets where the same is appropriate and necessary.

b. The TEB/City Engineer shall install and maintain signs and

markings in the designated City portion of the roads, street or
highway as pedestrian lanes.

Section 3. Penalty. - Any person who violates the

provision of this Article shall be fined according to the following
schedule:

1st Offense - P 50.00

2nd Offense - 100.00
3rd and succeeding offenses - 200.00

76
 The offenders shall be issued upon apprehension, citation
ticket and shall pay the corresponding fines at the City
Treasurers Office, seventy two (72) hours from the issuance
hereof. Provided, however, that should the offender refuses or
fails to pay the prescribed penalty, he has the option to perform
community service, otherwise, a complaint may be filed against
him in the appropriate court.

CHAPTER IX

ADMINISTRATIVE PROVISIONS

ARTICLE I

TRAFFIC EDUCATION SEMINAR

Section 1. DECLARATION OF POLICY. All drivers of

motor vehicle who have been apprehended for violation of traffic
rules and regulations shall undergo traffic education seminar.

Section 2. SANCTIONS. Any violator of any local traffic

rules and regulations apprehended by the City Traffic Aides
deputized as traffic enforcers shall be required to undergo one
(1) session of traffic education seminar.

1. There shall be a continuing Traffic Education

Seminar conducted every Friday morning by the
Traffic Enforcement Bureau (TEB).
2. Impounded vehicle of a violator shall be released
only when the violator-driver had undergone the
said seminar requirement in order to avoid
repetition of the same traffic violation and thus
provide him an updated knowledge on the traffic
rules and regulations of the City.

77
 3. A Traffic Citation Ticket (TCT) shall be issued against
the apprehended driver indicating the nature of the
violation/s committed and the corresponding fines,
and the seminar requirement indicated on the TCT
for the information and guidance of the erring
driver.

4. A certification shall be issued by the Head of the

Traffic Enforcement Bureau (TEB) to the effect that
the driver has complied with the required education
seminar.

5. Law Enforcement and Peace Officers duly designated

and deputized by the DOTC/LTO shall, in
apprehending any driver for violations of local traffic
rules and regulations, confiscate the license of the
driver concerned and issue a Temporary Operators
Permit (TOP) which shall authorize the driver to
operate a vehicle for a period of said receipt. In the
event of failure to settle within 72 hours, the TOP
shall become invalid thereafter and the LTO shall
cause the suspension and/or revocation of his
license pursuant to Sec. 29 of R.A. 4136,
otherwise known as Traffic Code of the Philippines.

6. Traffic enforcers who are deputized and designated

by the DOTC/LTO shall issue Traffic Citation Ticket.
Within 72 hours thereof, the driver shall settle the
fines for the traffic violation. Failure on the part of
the driver to settle, however, the TCT shall become
invalid after 72 hours and the Traffic Enforcement
Bureau shall recommend the filing of a case by the
City Legal Office.

ARTICLE II

SMOKE BELCHING EMISSION TEST

Section 1. PROHIBITED ACT. - No motor vehicle of

whatever type and model, except brand new motor vehicles as

78
certified to by the dealer and confirmed by the City Oplan
Maginhawa, shall be accepted for registration by the LTO without
first presenting the proper Certificate of Compliance duly issued
by authorized representative.

Section 2. AUTHORITY. The existing Anti-Smoke

Belching Team (ASBAT), in coordination with the Testing and
Recording Unit (TRU) and the Oplan Maginhawa (OM), shall
conduct operations on the prevention, control, and abatement of
air pollution from motor vehicles within Butuan City, particularly
upon:

a. Motor vehicles that emit smoke beyond the standard

emission level of 66% Hartridge Smoke Unit (HSU) in a
Hartridge Smoke Meter Test or 20% capacity in a
Ringlemenn/s Chart, or its equivalent in a smoke-testing
machine; and

b. Any motor vehicle emitting black smoke/pollutants shall

be apprehended and its operation suspended, and/or the
vehicle plate be removed by an LTO representative, and
the same be lifted or returned only until such time that the
defect shall have been corrected or an appropriate anti-
pollution device shall have been installed.

Section 3. TESTING FEE. Testing fee shall be assessed

for every motor vehicle whose owner/operator shall submit such
vehicle voluntarily for the required smoke emission test as
prescribed by a tax ordinance.

Section 4. PENALTY. Any owner/operator of motor

vehicle that does not pass the smoke emission test during actual
inspection or operation, shall suffer the following penalties:

1st Offense - a fine of P200.00

2nd Offense - a fine of 400.00; and
3rd Offense - a fine of 600.00 and the
impounding of the subject
motor vehicle

79
 CHAPTER X

MISCELLANEOUS PROVISIONS

Section 1. OBSTRUCTION TO TRAFFIC.- No person,

natural or juridical shall obstruct or cause to obstruct the free
flow of traffic in any street/road or part thereof within the City
except for construction materials piled along sidewalks or portion
of streets and roads by persons with an approved building
permit.

Section 2. USING CELLPHONES, etc. WHILE

DRIVING. - No person shall be allowed to use cellular
telephones or handheld radios, or walkie-talkie while driving any
kind of motor vehicle except those on-duty personnel of the
Philippine National Police, Armed Forces of the Philippines,
Bureau of Customs and paramilitary.

Section 3. ESTABLISHMENTS NEAR THE ROAD. - No

person or owner of any repair shop, vulcanizing shop and other
business establishments shall use any part or portion of any
existing City road or street as extension for repair of vehicles or
utilize the same for commercial and trade use, except if the use
thereof is due to emergency cases not exceeding one (1) hour.

Section 4. USE OF HEAVY EQUIPMENT. - No person

shall use in any of the concrete streets in the City of Butuan,
tractors, cranes or any other motor vehicles having metal cleats,
corrugations or other devices to secure greater traction power
which cut, mark, deface or otherwise destroy any concrete street
even if the same is cushioned with wooden board planks unless
transported by means of low or high bed trailers.

Furthermore, all heavy equipment and cargo vehicles with

a gross weight of fifteen (15) tons or more shall not be allowed
to pass the old Magsaysay Bridge. These vehicles are identified
as follows:16

16
SP Ord. No. 3364-2008

80
 1. Six-wheeler loaded cargo trucks with gross weight of
more than 15 tons;

2. Ten-wheeler trucks;

3. Trailer trucks;

4. Payloaders, Graders and other heavy equipment

vehicles;

5. Other vehicles with gross weight of more than fifteen

(15) tons.

Section 5. SMOKING IN PUVs. - No person shall be

allowed to smoke cigar or cigarettes while riding or driving any
public utility vehicles.

Section 6. UNLAWFUL RIDING. - No person shall ride

on any top of a vehicle or any portion of the vehicle not designed
or intended for use of passenger.

Section 7. SCHOOL BUSES. - 1.Each school bus plying in

the City streets carrying school children shall be required to be
equipped with:

a. A safety panel, installed to any step wells on the

rear side of the bus, extending from the aisle floor to a
height of at least 30 inches.

b. A metal protective guard on the underfloor designed

to prevent the drive shaft from whipping through the
floor when broken.

c. Fuel tank insulated from heat.

d. Mirrors giving the driver a clear view of all doors and

step wells of exits to his rear.

81
 e. An emergency door located on the left and toward
the rear, or in the rear of the bus, which shall be at
least 24 inches in width and 36 inches in height.

f. A warning device designed to actuate a signal when

the emergency door is unintentionally unlatched.

g. Signs on the outside of the front and rear ends of

the bus containing the words School Bus in letters at
least 8 inches in height, plainly visible from a distance
of at least 200 feet.

2. A driver of any vehicle, immediately prior to overtaking any

school bus which has stopped on a road or highway for the
purpose of receiving or discharging passengers, shall stop his
vehicle, then proceed past such school bus at a speed not
exceeding 10 miles per hour and with necessary caution for the
safety of the school bus passengers.

Section 8. OPERATING OR DRIVING A VEHICLE

WHILE UNDER THE INFLUENCE OF INTOXICATING
LIQUOR OR SUBSTANCE.- No person who is intoxicated or
who is under the influence of intoxicating liquor or substance
shall operate or drive any vehicle on the streets and highways of
the City.

CHAPTER XI

ADMINISTRATIVE PROVISIONS

Section 1. IMPLEMENTING AGENCY. The Traffic

Enforcement Bureau (TEB) under the supervision of the Land
Transportation and Traffic Management Office (LTTMO) is hereby
authorized to implement the provisions of this Code and other
traffic ordinances of the City not specifically included herein.

82
 Section 2. PENALTY. - Any person violating any provision
of this Code or other traffic ordinances of the City shall be liable
for an administrative fine that shall be imposed and collected by
the City or a penalty of imprisonment or a fine or both at the
discretion of the Court.

The following rates of administrative fines imposed by the City

upon persons violating the following provisions of this Code shall
be observed:17

a. Violations in connection with licensing:

1. Driving without securing a license ------ P 500.00

2. Driving with delinquent, invalid, suspended,

ineffectual or revoked license - - - - - 200.00

3. Failure to show or surrender for cause

the drivers license upon demand by a
person in authority - - - - - - - - - - - - - 100.00

4. Driving without a drivers license - - - - - - 100.00

5. Failure to sign the drivers license - - - - - 100.00

6. Employing, permitting, allowing or

tolerating an unlicensed or improperly
licensed person to drive a motor vehicle - -500.00

7. Using or attempting to use a fake license:

1st Offense - - - - - - - - - - - P 250.00
2nd Offense ----------- 500.00
3rd Offense ----------- 750.00
4th Offense - - - - revocation of permits
and blacklisting of offenders

8. Allowing another person to use your

drivers license for the purpose of operating
a motor vehicle:

17
SP Ord. No. 2062-96

83
 1st Offense ---------- P 250.00
2nd Offense ----------- 500.00
3rd Offense ----------- 750.00
4th Offense - - - - revocation of permits
and blacklisting of offenders

9. Driving while under the influence of

liquor or prohibited drugs:
1st Offense - - - - - - - - - - - P 250.00
nd
2 Offense ----------- 500.00
3rd Offense ----------- 750.00
4th Offense - - - - revocation of permits
and blacklisting of offenders

b. Violations in connection with Plate Numbers

and Stickers

1. Driving or operating a motor vehicle with plate

numbers not firmly attached thereto in
such a manner as will make them entirely
not visible and almost not legible - - - - P 100.00

2. Driving or operating a motor vehicle with

dirty or uncared for plate number - - - 200.00

3. Failure to display plate numbers in the

conspicuous places in front and rear
of the motor vehicle - - - - - - - -- - - - 100.00

4. Driving or operating a motor vehicle

without a sticker showing current
registration - - - - - - - - - - - - - - - - 100.00

5. Driving a motor vehicle that uses or

displays a commemorative plate instead
of its permanent plate number - - - - - - 100.00

6. Operating a motor vehicle whose plate

number or sticker is tampered - - - 500.00

84
c. Violations relative to equipment, parts,
accessories, devices and markings
of motor vehicles:

1. Driving or operating a motor vehicle with

defective brakes - - - - - - - - - - - - - - - P 100.00

2. Installing in motor vehicle a horn or

signaling device that emit an exceptionally
loud, startling and disagreeable sound - - - 100.00

3. Driving or operating a motor vehicle or trailer

without a lamp on each side at the rear
portion that shows red light visible at least
from 100 meter-distance - - - - - - - - - - - 100.00

4. Driving or operating a motor vehicle not

equipped with a lamp at the rear that
throws a sustained bright and visible light
under all conditions when the brakes are
applied - - - - - - - - - - - - - - -- - - - - 100.00

5. Driving or operating a motor vehicle whose

plate number is not illuminated with
white light - - - - - - - - - - - - - -- - - - - 100.00

6. Driving or operating a motor vehicle without

an installed mechanical or electrical wiper
at the windshield - - - - - - - - - - - - - -- 100.00

7. Driving or operating a motor vehicle without,

or with a cut or disconnected muffler - - - 100.00

8. Driving or operating a motor vehicle that

does not have a head light - - - - - - - - - 100.00

d. Parking Violations:

1. A fine of ONE THOUSAND PESOS (P1,000.00) shall be

imposed upon a driver of a motor vehicle who shall commit
any of the following violations:

85
 i. Parking a vehicle or permitting it to stand whether
attended or unattended in the following places in the
highway:

Within an intersection;

On a crosswalk;

Within six (6) meters of the intersection of curb

lines;

Within four (4) meters of the driveway entrance

to any fire station;

In front of a private driveways on the roadway

side;

At any place where official sign of prohibited

parking is erected.

2. Other Traffic Violations with an imposable fine of ONE

THOUSAND PESOS P1,000.00 upon a person committing
the same:

Allowing passengers to ride on top of the vehicle

while it is in motion;

Permitting passengers to ride on the running board,

step board or mudguard of a motor vehicle while it
is in motion;

Disregarding traffic signs;

Driving a motorcycle without wearing the

appropriate helmet.

3. A fine of ONE HUNDRED PESOS (P100.00) shall be

imposed upon a person for driving recklessly or without care
or caution or at a speed greater or lesser than is reasonable
considering the width, traffic, curvatures, visibility and other
conditions of the atmosphere and weather, or at a speed
greater than will permit the driver to bring the vehicle to a

86
stop within a clear distance ahead, or otherwise driving in
excess of the allowable speed;

4. A fine of ONE HUNDRED PESOS (P100.00) shall be

imposed upon a person who drives a motor vehicle who fails
to dim the headlights or fails to tilt the beams of his motor
vehicle when driving along well lighted streets within the
limits of the City or in the thickly populated districts or
whenever such vehicle meets another vehicle on any
highway;

5. A fine of SEVENTY FIVE PESOS (P 75.00) shall be

imposed upon a driver of a motor vehicle for driving the
same while he is using only slippers or sleeveless shirt;

6. A fine of FIFTY PESOS (P5O.00) shall be imposed upon

a driver of a motor vehicle who shall commit any of the
following violations:

Driving or parking upon or along any sidewalk, path

or alley not intended for vehicular traffic or parking;

Failure to give way to police or fire department

vehicle or ambulance that is responding to an
emergency.

7. A fine of ONE HUNDRED PESOS (P100.00) shall be

imposed upon a driver of a motor vehicle who shall commit
any of the following violations:

ILLEGAL TURN failure to conduct the motor

vehicle to the right of intersection of the highway
when turning to the left in going from one highway
to another;

DRIVING AGAINST TRAFFIC failure to pass to the

left when overtaking persons or vehicles going to
same direction except when there are two or more
lanes for the movement of traffic in the same
direction;

87
 ILLEGAL OVERTAKING failure to pass to the left
when overtaking persons going to the same
direction except when there are two or more lanes
in one direction;

OVERTAKING AT AN UNSAFE DISTANCE - failure to

pass at a safe distance to the left of another motor
vehicle when overtaking that vehicle;

CUTTING OR OVERTAKING VEHICLE driving to the

right side of the highway after overtaking before his
motor vehicle is safely clear of such overtaken
vehicle;

FAILURE TO GIVE WAY TO AN OVERTAKING

VEHICLE failure to give way to another vehicle
approaching from the rear that wishes to overtake
his vehicle when the former has given suitable and
audible signal;

INCREASING SPEED WHEN BEING OVERTAKEN

increasing the speed of his motor vehicle before the
overtaking vehicle has completely passed; and

OVERTAKING WHEN LEFT SIDE IS NOT VISIBLE OR

CLEAR OF INCOMING TRAFFIC driving to the left
side of the center line of a highway in overtaking or
passing another vehicle proceeding in the same
direction where the left side is not clearly visible
and is not free of incoming traffic for a sufficient
distance to pass safely.

Section 3. AUTHORITY TO APPREHEND AND ISSUE

CITATION TICKETS - Law enforcement and peace officers duly
designated by the Police Station Commander or the Traffic
Director and are duly recommended by the LTTMO are hereby
authorized to apprehend violators of the provisions of this Code
and other traffic rules of the City. The said law enforcers are
authorized to issue citation tickets. 18

18
SP Ord. No. 2062-96

88
 Section 4. PROCEDURE UPON APPREHENSION OF
TRAFFIC VIOLATORS.- Any authorized police officer or traffic
enforcer apprehending a person for violating this Code and other
traffic ordinances of the City of Butuan , shall take the name,
address and license number and the registered number of the
vehicle involved, and shall issue to him a citation ticket with a
warning that he should settle with the office of the City
Treasurer within seventy two (72) hours any fine due for such
violation. Otherwise, if after seventy two (72) hours and the
violator still failed to settle his fines with the City Treasurer, the
case shall be filed with the City Fiscals Office.19

Section 5. All fines collected under this Code shall accrue

to the General Fund of the City of Butuan.20

CHAPTER XII

FINAL PROVISIONS

Section 1. Applicability Clause. All other related matters

not specifically provided in this Code shall be governed by the
pertinent provisions of existing applicable laws and ordinances.

Section 2. Separability Clause. If for any reason, any

provision, section or part of this Code is declared not valid by a
Court of competent jurisdiction or suspended or revoked by the
authorities concerned, such judgment shall not affect or impair
the remaining provisions, sections or parts which shall continue
to be in force and effect.

Section 3. Repealing Clause. All ordinances, rules and

regulations, or parts thereof, in conflict with, or inconsistent with
any provisions of this Code are hereby repealed or modified
accordingly. Should there be existing general or special
19
SP Ord. No. 2062-96
20
SP Ord. No. 2062-96

89
ordinances which were inadvertently excluded in the process of
formulating this Code, the same shall continue to be in full force
and effect provided that they are not in conflict with, or contrary
to the provisions of this Code.

Section 4. Effectivity. -This CODE shall take effect fifteen

(15) days from the date of its publication in the local
newspapers.

Unanimously Approved

DATE ENACTED: June 15, 2010

APPROVED:

DINO CLAUDIO M. SANCHEZ

City Vice Mayor
Presiding Officer

ATTESTED:

AURORA B. CABALLES
City Government Department Head II
City Secretary

SUBMITTED FOR APPROVAL:

DATE APPROVED: ________________

DEMOCRITO D. PLAZA II
City Mayor

90
 ATTESTED:

WEBB L. RACAZA, LLB, CPA

City Government Department Head II
City Administrator

Authors : Hon. Salvador V. Calo

: Hon. Vice Mayor Dino Claudio M. Sanchez
: Hon. Sabiniano O. Olandria
: Hon. Raul O. Amoc
: Hon. Rodrigo L. Dayaday
: Hon. Randolph B. Plaza
: Hon. Erwin L. Dano
: Hon. Audie G. Bernabe
: Hon. Lope A. Buol
: Hon. Shiela D. Gado
Movant : Hon. Sabiniano O. Olandria
Seconder : Hon. Raul O. Amoc

91