Municipal Ordinances

BINMALEY MUNICIPAL ORDINANCES
APPROVED BY SANGGUNIANG PANLALAWIGAN
An Ordinance adopting the Zoning

Regulations of the Municipality of
MO No. 2, Binmaley, Pangasinan and Providing for
July 26, 2002
S-2001 the administration, enforcement and
amendment thereof and for the repeal of
all ordinances in conflict therewith.
An ordinance regulating fishing

and/or fisheries in the Municipality of
MO No. 3, Binmaley, Province of Pangasinan and for
April 28, 2006
S-2006 other purposes, otherwise known as the
2005 revised fishery ordinance of
Binmaley.
An ordinance prescribing and

MO No. 2,
penalizing acts and omissions inimical to July 6, 2009
S-2009
cleanliness and sanitation.
An ordinance regulating the

disposal and management of Hospital,
MO No. 3,
Clinic and other related medical August 1, 2011
S-2011
institutions waste materials within the
Municipality of Binmaley, Pangasinan.
Republic of the Philippines
MUNICIPALITY OF BINMALEY
Province of Pangasinan
MUNICIPAL ORDINANCE NO. 2-2001
AN ORDINANCE ADOPTING THE ZONING REGULATIONS OF THE MUNICIPALITY

OF BINMALEY, PANGASINAN AND PROVIDING FOR THE ADMINISTRATION,
ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT THEREWITH.
Be it ordained enacted by the Sangguniang Bayan of Binmaley, Pangasinan;
WHEREAS, the Implementation of Comprehensive Land Use Plan would require the
enactment of regulatory measures to translate its planning goals and objectives into
reality; and a Zoning Ordinance is one such regulatory measures which is an important
tool for the implementation of the comprehensive land use plan;
WHEREAS, the Local Government Code of 1991 authorizes local government units to
enact Zoning Ordinances subject to and in accordance with existing laws;
WHEREAS, the Housing and Land Use Regulatory Board had spearheaded and now
assists in and coordinates the activities of local government in comprehensive land use
planning;
NOW THEREFORE, the Sangguniang Bayan of Binmaley in a session assembled

hereby adopts the following Zoning Ordinances.
ARTICLE I
TITLE OF THE ORDINANCE
Section 1. Title of the Ordinance. This ordinance shall be known as the

Comprehensive Zoning Ordinance of the Municipality of Binmaley,
Pangasinan and shall be referred to as the ordinance.
ARTICLE II
AUTHORITY AND PURPOSE
Authority. This Ordinance is enacted pursuant to the provisions of the New Local
Government Code, RA 7160 Sections 458 a.2 (7-9) and 447a.2 (9-7) dated 10 October
1991, Authorizing the Municipality through the Sangguniang Panglunsod/ Bayan to
adopt Zoning Ordinance subject to the provisions of existing laws. , and in conformity
with E.Q. 72.
Purposes. This ordinance is enacted for the following purposes:
1. Guide, control and regulate the future growth and development of Binmaley in
accordance with its Comprehensive Land Use Plan.
2. Protect the character and stability or residential, commercial, industrial,

institutional, forestry, agricultural, open space and other functional areas within
the locality and promote the orderly and beneficial development of the same.
3. Promote and protect the health, safety, peace, comfort, convenience and general
welfare of the inhabitants in the locality.
General Zoning Principle. This zoning Regulations is based on the approved General
and Urban Land Use Plans as per Resolution No. 84 dated December 11, 2000 for
Binmaley, Pangasinan.
ARTICLE III
DEFINITION OF TERMS
The definition of technical terms used in the Zoning Ordinance shall carry the same
meaning them in already approved codes and regulation and other Implementing Rules
ns, such as but not limited to the National Code, Water Code, Philippine Environmental
Code, promulgated by the HLRB. The words, terms and phrases enumerated here
under shall stand to have the meaning corresponding indicated as follows:
1. Agricultural Zone (AGZ) an area within a city or municipality intended for

cultivation/ fishing and pastoral activities e.g. fish, farming, cultivation of crops,
goats/ cattle raising, etc.
2. Agro-Industrial (AIZ) an area within the city or municipality intended primarily

for intergrated farm operations and related product processing activities such as
plantation for bananas, pineapple, sugar, etc.
3. HLRB/ BOARD shall mean housing and Land Use Regulatory Board.
4. Buffer Area these are yards, parks or open spaces intended to separate
incompatible elements or uses to control pollution/ nuisance and for identifying
and defining development areas or zones where no permanent structures are
allowed.
5. Built-up a contiguous grouping of ten (10) or more structures.
6. Central Business District shall refer to areas designated principally for trade,
services and business purposes.
7. Certificate of Non-Conformance certificate issued to owners of all uses existing

prior to approval of the Zoning Ordinance, which do not confirm in a zone as per
provision of the said playground.
8. Compatible Use uses or land activities capable of existing together

harmoniously e.g. residential use and parks and playground.
9. Component Cities/ Municipalities cities which do not meet the requirements for
highly urbanized cities shall be considered component cities of the province in
which they are located.
If a component city is located within the boundaries of two or more provinces

such city shall be considered component of the province of which it used to be a
municipality (RA 7160).
10. Comprehensive Land Use Plan (CLUP) a document embodying specific

proposals for guiding, regulating growth and/ or development. The main
components of the Comprehensive Land Use in this usage are the sectoral
studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local
Administration and Land use.
11. Conflicting Uses uses or land activities with contrasting characteristics sited
adjacent to each other e.g. residential units adjacent to industrial plants.
12. Conforming Use a use which is in accordance with the same classification as
provided for in the Ordinance.
13. Easement open space imposed on any land use/ activities situated along
waterways, road-right-of-ways, cemeteries/ memorial parks and utilities.
14. Environmentally Critical Areas refers to those areas which are environmentally
sensitive and are listed in Presidential Proclamation 2146 dated December 14,
1981.
15. Environmentally Critical Projects refers to those projects which have high
potential for negative environmental impacts and are listed in Presidential
Proclamation 2146 dated December 14, 1981.
16. Exception a device which grants a property owner relief from certain provisions
of a Zoning Ordinance where because to the specific use would result in a
particular hardship upon the owner, as distinguished from a mere inconvenience
or a desire to make more money.
17. Floor Area Ratio or FAR is the ratio between the gross floor area of a building
and the area of the lot. The gross floor area of any building should not exceed
the prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any
zone should be based on its capacity to support development in terms of the
absolute level of density that transportation and other utility networks can support
(Refer to Annexes B-F).
18. General Commercial Zone (GCZ) an area within a city or municipality for
trading/ services/ business purposes.
19. General Institutional Zone (GIZ) an area within a city or a municipality

principally for general types of institutional establishments e.g. government
officers, schools, hospitals/ clinics, academic/ research, convention centers.
20. General Residential Zone (GRZ) an area within a city or municipality principally
for dwelling/ housing purposes.
21. General Zoning Map a duly authenticated map delineating the different zones
in which the whole city/ municipality is divided.
22. Gross Floor Area (GFA) The GFA of a building is the total floor space within the
perimeter of the permanent external building walls, occupied by:
Office Areas;
Residential Areas;
Corridors;
Lobbies;
Mezzanine;
Vertical Penetrations, which shall mean stairs, fire escapes, elevator shafts,
flues, pipe shafts, vertical ducts and the like, and their enclosing walls;
Restrooms or toilets;
Machine Rooms and Closets;
Covered Balconies and Terraces;
Interior walls and columns, and other inferior features;
But excluding:
Covered areas for parking and driveways, including vertical penetration in

parking floors where no residential or office units present;
Uncovered areas for AC cooling towers, overhead water tanks, roof decks
laundry areas and cages, wading or swimming pools whirlpools or Jacuzzis,
gardens, court or plazas.
23. Highly Urbanized Cities cities with a minimum population of 200,000

inhabitants as certified by the National Statistics Office and with the latest annual
income of the least Php 50,000,000 based on 1996 constant prices as certified
by the City Treasurer. (RA 7160)
24. Independent Component Cities are those component cities whose charter their
voting for Provincial Elective Officials. Independent component cities shall be
independent of the province. (RA 7160)
25. Innovative Design introducing and/ or application or new/ creative designs and
techniques in development projects e.g. Planned Unit Development (PUD).
Newtown, etc.
26. Light Industrial Zone (1-1) a subdivision of an area principally for the following
types of industries:
a. Non-pollutive/ non-hazardous
b. Non-pollutive/ hazardous
27. Location Clearance a clearance issued to a project that is allowed under the
provisions of this zoning Ordinance as well as other standards, rules and
regulations on land use.
28. Mitigating Device means to grant relief in complying with certain provisions of
the ordinance.
29. New Town shall refer to town deliberately planned and built which provides, in
addition to houses, employment, shopping, education, recreation, culture and
other services normally associated with a city town.
30. Non-conforming use existing non-conforming uses/ establishments in an area

allowed to operate inspite of the non-conformity to the provisions of the
Ordinance subjected to the conditions stipulated in this Zoning Ordinance.
31. Parks and Recreation Zone (PRZ) an area designed for diversion/ amusements
and for the maintenance of ecological balance of the community.
32. Planned Unit Development (PUD) it is a land development scheme wherein

project site is comprehensively planned as an entity via unitary site plan which
permits flexibility in planning/ design, building siting, complementarity of building
types and land uses, usable open spaces and other preservation of significant
natural land features.
33. Rezoning a process of introducing amendments to or a change in the text and

maps of the zoning ordinance. It also includes amendment or change in view of
reclassification under Section 20 of RA 7160.
34. Rural Area area outside of designated urban area.
35. Setback open space left between the building and lot lines.
36. Socialized Housing Zone (SHZ) shall be used principally for socialized housing/
dwelling purposes for the underprivileged and homeless as defined in RA 7279.
37. Special Institutional Zone an area within a city or municipality principally for
particular types of institutional establishments, e.g., welfare homes, orphanages,
home for the aged, rehabilitation and training centers, military camps/
reservations/ training grounds, etc.
38. Strategic Agriculture and Fisheries Development Zone
39. Tourist Zone (TZ) are sites within cities and municipalities endowed with natural
or manmade physical attributes and resources that are conductive to recreation,
leisure and other wholesome activities.
40. Urban Area(s) include all barangay(s) or portion(s) of which comprising the
Poblacion, Central Business District (CBD) and other built up areas including the
urbanizable land in and adjacent to said areas and where at less more than fifty
(50%) of the population are engaged in non-agricultural activities. CBD shall refer
to the area designated principally for trade, services and business purposes.
41. Urban Zoning Map a duly authenticated map delineating the different zones
into which the urban area and its expansion area are divided.
42. Urbanizable Land area designated as suitable for urban expansion by virtue of
land use studies conducted.
43. Variance a special location clearance which grants a property owner relief from
certain provisions of Zoning Ordinance where, because of the particular, physical
surrounding, shape or topographical conditions of the property, compliance on
height area, setback, bulk and/ or density would result in a particular hardship
upon the owner, as distinguished from a mere inconvenience or a desire to make
more money.
44. Warehouse refers to a storage and/ or depository of those in business of

performing warehouse services for others, for profit.
45. Water Zone (WZ) are bodies of water within cities and municipalities, which
include rivers, streams, lakes and seas except those included in other zone
classification.
46. Zone/ District an area within a city or municipality for specific land use as
defined by manmade or natural boundaries.
47. Zoning Administration/ Zoning Officer a municipal/ city/ government employee

responsible for the implementation/ enforcement of the Zoning Ordinance in a
community.
48. Zoning Ordinance a local measure which embodies regulations affecting land
use.
ARTICLE IV
ZONE CLASSIFICATIONS
Section 5. Division into Zones or Districts. To effectively carry out the provisions if
this Ordinance, the city/ municipality is hereby divided into the following
zones or districts as shown in the official Zoning Maps.
1. Residential Zone (RZ)
2. Socialized Housing Zone (SHZ)
3. Commercial Zone (CZ)
4. Light Industrial Zone (I-1)
5. Institutional Zone (IZ)
6. Special Institution Zone (SIZ)
7. Agricultural Zone (AGZ)
8. Agro-Industrial Zone (AIZ)
9. Parks and other Recreation Zone (PRZ)
10. Water Zone (WZ)
11. Tourist Zone (TZ)
12. Strategic Agriculture Development Zone
13. Strategic Fishery Development Zone
Section 6. Zoning Maps. It is hereby adopted as an integral part of this Ordinance,

the Official Zoning Maps for urban areas and for the whole municipality
(General), wherein the designation, location and boundaries of the
districts/ zones herein established are shown and indicated. Such Official
Zoning Maps shall be signed by the local chief executive and duly
authenticated by the HLRB/ Sangguniang Panlalawigan.
Section 7. Zone Boundaries. The locations and boundaries of the above mentioned
various zones into which the city/ municipality has been divided are
hereby identified and specified, and made an integral part of this
Ordinance as Annex A.
Section 8. Interpretation of the Zone Boundary. In the interpretation of the

boundaries for any of the zones indicated on the Zoning Map, the
following rules shall apply:
1. Where zone boundaries are so indicated that they appropriately follow the center of
streets or highways, the street or highway right-of-way lines, shall be construed to be
the boundaries.
2. Where zone boundaries are so indicated that they appropriately follow the lot lines,
such as lot lines shall be construed to be boundaries.
3. Where zone boundaries are so indicated that they approximately parallel to the
centerlines or right-way-lines of streets and highways, such zone boundaries shall
be construed as being parallel thereto and at such distance there from as indicated
in the zoning map. If no distance is given, such dimension shall be determined by
use of the scale show in said zoning map.
4. Where the boundary of zone follows approximately a railroad line, such boundary
shall be deemed to be the railroad right-of-way.
5. Where the boundary of zone follows a stream, lake or other bodies of water, said
boundary line shall be deemed to be at the limit of the political jurisdiction of the
community unless otherwise indicated. Boundaries indicated as following shorelines
shall be construed to follow such shorelines and in the event of change in the
shorelines, shall be construed as moving with the actual shorelines.
6. Where lot of ownership, as of record at the effective date of this Ordinance, is
divided by a zone boundary line, the lot shall be construed to be within the zone
where the major portion of the lot is located. In case the lot is bisected by the
boundary line, it shall fall in the zone where the principal structure falls.
7. Where zone boundary is indicated as one-lot-deep, said depth shall be constructed
to be the average lot depth of the lots involved within each particular city/
municipality block. Where, However, any lot has a depth greater than said average,
the remaining portion of lot shall be construed as covered by one-lot-deep zoning
district provided the remaining portion has an area equivalent to fifty percent (50%)
or more of the total area of the lot then the average lot depth shall apply to the lot
which shall become a lot divided and covered by two or more different zoning
districts, as the case may be.
In case of any remaining doubt as to the location of any property along zone
boundary lines, such property shall be considered as falling within the less restrictive
zone.
8. The textual description of the zone boundaries shall prevail over that of the Official
Zoning Maps.
ARTICLE V
ZONING REGULATIONS
Section 9. General Provision. The uses enumerated in the succeeding sections are
not exhaustive nor-all inclusive. The local Zoning Board of Adjustment
and Appeals (LZBAA) shall subject to the requirements of this Article,
allow other uses not enumerated hereunder provided that they are
compatible with the uses expressly allowed.
Allowance of further uses shall be based on the intrinsic qualities of the

land and the socio-economic potential of the locality with due regard to
the maintenance of the essential qualities of the zone.
Section 10. Use Regulations in Residential Zone (RZ). A residential zone shall be
used principally for dwelling/ housing purposes so as to maintain peace
and quiet of the area within the zone. The following are the allowable
uses:
1. Detached family dwelling

2. Multi-family dwelling e.g. row-house, apartments
3. Residential Condominium
4. Apartment
5. Hometel
6. Pension House
7. Hotel apartment or apartel
8. Dormitory
9. Boarding House
10. Brach libraries and museums
11. Customary accessory
a. Servants quarter
b. Private garage
c. Guard house
12. Home occupation for the practice of ones profession or for engaging home business
such as dressmaking, tailoring, banking, running a sari-sari store and the like
provided that:
a. The number of persons engage in such business/ industry shall not exceed five (5),
inclusive of the owner;
b. There shall be no change in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory uses cited
above;
d. No traffic shall be generated by such home occupation in greater volume would
normally be expected in a residential neighbourhood and any need for parking
generated by the conduct of such home occupation shall be met off the street and
place other than the required front yard;
e. No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors and electrical interference detectable to the
normal senses and visual or audible interference in any radio or television or causes
fluctuations in line voltage off the premises.
13. Home Industry classified as cottage industry provided that:
a. Such home industry shall not occupy more than thirty percent (30%) of the floor area
of the dwelling unit. There shall be no change or alteration in the outside appearance
of the dwelling unit shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the Department of
Trade and Industry (DTI);
c. Such shall consider same provisions as enumerated in letters c, d and e number 12,
home occupation, this section.
14. Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
a. Swimming pool
b. Pelota court
c. Others
15. Nursery/ Elementary School
16. High School
17. Vocational School
18. Sport Club
19. Religious Club
20. Multi-purpose hall/ Barangay hall
21. Clinic, nursing and convalescing home, health center
22. Plant nurseries
Section 11. Use Regulations in Socialized Housing Zone (SHZ). A SHZ shall be
used principally for socialized housing/ dwelling purposes for the
underprivileged and homeless as defined in RA 7279.
Section 12. Use Regulations in Commercial Zone (CZ). A commercial zone shall be
for business/ trade/ service uses. Within the zone of the following types of
establishments shall be allowed:
1. Offices like:
a. Office building
b. Office condominium
2. General retail stores and shops like:
a. Department store
b. Bookstore and office supply shop
c. Home appliance store
d. Car shop
e. Photo shop
f. Flower shop
3. Food markets and shops like:
a. Bakery and bake shop
b. Wine store
c. Grocery
d. Supermarket
4. Personal services shops like:
a. Beauty parlor
b. Barber shop
c. Sauna bath and massage clinic
d. Dressmaking and tailoring shops
5. Recreational center/ establishment like:
a. Movie house/ theatre
b. Play court e.g. tennis court bowling lane, billiard hall
c. Swimming pool
d. Day and night club
e. Stadium, coliseum, gymnasium
f. Other sports and recreational establishment
6. Restaurants and other eateries
7. Short term special education like:
a. Dancing schools
b. School for self defense
c. Driving schools
d. Speech clinics
8. Storerooms but only as may be necessary for the efficient conduct of the business
9. Commercial condominium (with residential units in upper floors)
10. Commercial housing like:
a. Hotel
b. Apartment
c. Apartel
d. Boarding house
e. Dormitory
f. Pension house
g. Club house
h. Motel
11. Embassy/ Consulate
12. Library museum
13. Clinic
14. Filling Station/ service station
15. Vocation/ technical school
16. Convention center and related facilities
17. Messengerial service
18. Security service
19. Janitorial service
20. Bank and other financial institutions
21. Radio and television station
22. Building garage, parking lot
23. Bakery and baking of bread, cake, pastries, pies and other similar perishable
products
24. Custom dressmaking shop
25. Custom tailoring shop
26. Commercial and job printing
27. Typing and photo engraving services
28. Repair of optical instruments and equipment and cameras
29. Repair of clocks and watches
30. Manufacture of insignia, badges and similar emblems except metal
31. Transportation of terminals/ garage with and without repair
32. Repair shops like:
a. House appliances repair shops
b. Motor vehicles and accessory repair shops
c. Home furnishing shops
33. Printing/ publishing
34. Machinery display shop/ center
35. Gravel and sand
36. Lumber/ hardware
37. Manufacture of ice blocks, cubes, crush except dry ice
38. Printing and publishing of books and pamphlets, printing cards and stationary
39. Manufacture of signs and advertising displays (except printed)
40. Chicharon factory
41. Manufacture of wood furniture including upholstered
42. Manufacture of rattan furniture including upholstered
43. Manufacture of box beds and mattresses
44. Welding shops
45. Machine shop service operation (repairing/ rebuilding, or custom job orders)
46. Medium scale junk shop
47. Repair of motorcycles
48. Lechon or whole pig roasting
49. Biscuit factory manufacture of biscuits, cookies, crackers and other similar dried
bakery products
50. Doughnut and hopia factory
51. Other bakery products not elsewhere classified (n.e.c.)
52. Repacking of food products e.g. fruits, vegetables, sugar and other related products
53. Plant nursery
54. Funeral parlors, mortuaries and crematory services memorial chapels
55. Parking lots, garage facilities
56. Other commercial activities not elsewhere classified
Section 13. Use Regulations in Light Industrial Zone (I-1). An I-1 zone shall be for
non-pollutive/ non-hazardous and non-pollutive/ hazardous
manufacturing/ processing establishments. Enumerated below are
allowable uses:
a. Non-Pollutive/ Non-Hazardous Industries

1. Drying fish
2. Biscuit factory manufacture of biscuits, cookies crackers and other similar dried
bakery products
3. Doughnut and hopia factory
4. Manufacture of macaroni, spaghetti and vermicelli and other noodles
5. Other bakery products not elsewhere classified (n.e.c.)
6. Life belt factory
7. Manufacture of luggage, handbags, wallets and shall leather goods
8. Manufacture of miscellaneous products of leather and leather substitute and n.e.c.
9. Manufacture of shoes rubber, plastic and wood
10. Manufacture of slipper and sandal except rubber and plastic
11. Manufacture of footwear parts except rubber and plastic
12. Printing, publishing and allied industries and those n.e.c.
13. Manufacture or assembly of type writers cash registers, weighing, duplicating and
accounting machines
14. Manufacture or assembly of electronic data processing machinery and accessories
15. Renovation and repair of office machinery
16. Manufacture or assembly of miscellaneous office machines and those n.e.c.
17. Manufacture of rowboats, bancas sailboats
18. Manufacture of animal drawn vehicle
19. Manufacture of children vehicles and baby carriages
20. Manufacture of laboratory and scientific instruments barometers, chemical balance,
etc.
21. Manufacture of measuring and controlling equipment, plumb bomb, rain gauge,
taximeter, thermometer, etc.
22. Manufacture or assembly of surgical, medical, dental equipment and medical
furniture
23. Quick freezing and cold packaging for fish and other seafoods
24. Quick freezing and cold packaging for fruits and vegetables
25. Popcorn/ rice factory
26. Manufacture of medical/ surgical supplies; adhesive tapes, antiseptic dressing,
sanitary napkins, surgical gauge, etc.
27. Manufacture of orthopaedic and prosthetic appliances (abdominal supporter, ankle
supports, arch support, artificial limb, kneecap supporters, etc.
28. Manufacture of photographic equipment and accessories
29. Manufacture of assembly of optical instruments
30. Manufacture of eyeglasses and spectacles
31. Manufacture of optical lenses
32. Manufacture of watches and clocks
33. Manufacture of pianos
34. Manufacture of string instruments
35. Manufacture of wind and percussion instruments
36. Manufacture of assembly of electronic organs
37. Manufacture of sporting gloves and mitts
38. Manufacture of sporting balls (not rubber or plastics)
39. Manufacture of gym and playground equipment
40. Manufacture of sporting tables (billiards, pingpong, pool)
41. Manufacture of other sporting athletic goods, n.e.c.
42. Manufacture of toys and dolls except rubber and mold plastic
43. Manufacture of pen, pencils and other office and artist materials
44. Manufacture of umbrella and canes
45. Manufacture of buttons except plastic
46. Manufacture of brooms, brushes and fans
47. Manufacture of needles, pens, fasteners and zippers
48. Manufacture of insignia, badges and similar emblems (except metal)
49. Manufacture of signs and advertising displays (except printed)
50. Small-scale manufacturer of ice cream
51. Fish canning
52. Patis factory
53. Bagoong factory
b. Non-Pollutive/ Hazardous Industries
1. Manufacturing of housing furnishing
2. Manufacture of miscellaneous textile goods, embroiders and weaving apparel
3. Manufacture of fiber batting, padding and upholstery filling except choir
4. Mens and boys garment factory
5. Womens and girls and ladies garment factory
6. Manufacture of hats, gloves handkerchief, neckwear and related clothing accessories
7. Manufacture of wooden cane containers
8. Sawali, nipa and split cane factory
9. Manufacture of bamboo, rattan and other cane baskets and wares
10. Manufacture of cork products
11. Manufacture of wooden shoes, shoe lace, and other similar products
12. Manufacture of miscellaneous furniture and fixture except primary of metals and
those n.e.c.
13. Manufacture of miscellaneous wood products and those n.e.c.
14. Manufacture of stationary, envelopes and related articles
15. Manufacture of dry ice
Section 15. Use Regulations in Institutional (IZ) Zone. In institutional zone, the
following uses shall be allowed:
1. Government center to house national, regional or local office in the area

2. Colleges, universities, professional business schools, vocational and trade schools,
technical schools and other institutions of higher learning
3. General hospitals, medical centers, multipurpose clinic
4. Scientific, cultural and academic center and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
5. Convention centers and related facilities
6. Religious structures e.g. church, seminary, convents
7. Museums
8. Embassies/ consulate
9. Student housing e.g. dormitories, boarding house
Section 16. USE REGULATIONS in SPECIAL INSTITUTIONAL (SIZ) ZONE. In SI

zones, the following uses shall be allowed:
1. Welfare homes, orphanages, boys and girls town, home for the aged and the like.
2. Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed
mothers, physically, mentally and emotionally handicapped, ex-sanitaria inmates and
similar establishments.
3. Military camps/reservations/base and training.
4. Pentair and correctional institution.
Section 17. USE REGULATIONS in PARKS and RECREATIONAL ZONE (PRZ).

The following uses shall be allowed in I'arks and Recreation Zones:
1. Park/gardens.
2. Resort areas e.g. beaches, including accessory uses.
3. Open air or outdoor sports activities and support facilities, including low rise stadiuks,
gyms, amphitheaters and swimming pools.
4. Golf courses, ball courts, race tracts and similar uses.
5. Memorial/Shrines monuments, kioks and other park structures.
6. Sports Club.
7. Underground Parking Structures/ Facilities.
Section 18. USE REGULATIONS for AGRICULTURAL ZONE (AGZ). In agricultural
zone the following uses shall be permitted:
1. Cultivation, raising and growing of staple crops such as rice, corn, cassava and the
like.
2. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee,
tobacco, etc.
3. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm,
monkey raining and the like.
4. Customary support facilities such as palay dryers and rice threshers and storage
barns and warehouses.
5. Ancillary dwelling units/ farmhouses for tillers and laborers.
6. Agricultural research and experimentation facilities such as breeding stations,

fishfarms, nurseries, demonstration farms, etc.
7. Pastoral activities such as goat raising and cattle fattening.

8. Home occupation for the practice of one's profession or engaging home business
such as dressmaking, tailoring, baking, running a sari-sari store and the like provided
that:
a. Number of persons engaged in such business/industry shall not exceed five ( 50,
inclusive of the owner;
b. There shall no exchange in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory use cited

above;
d. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking
generated by the conduct of such home occupation shall be met off the street in a place
other that required front yard;
e. No equipment or process shall be used in such occupation which creates noise,

vibration, glare, fumes, odors and electrical interference detectable to the normal
senses and visual or audible interference in any radio or television receiver or causes
fluctuations in line voltage of the premises.
9. Home industry classified as cottage industry e.g. mat weaving, pottery making food
preservation, etc. provided that:
a. Such home industry shall not occupy not more than 30% of floor area of the dwelling
unit. There shall be no change or alteration in the outside appearance of the dwelling
unit and shall not be hazard or nuisance;
b. Alloted capitalization shall not exceed the capilatization as set by the Department of
Trade and Industry (DTI).
c. Such shall conaider same provision as enumerated in letter c, d, and e of Home

Occupation, this section.
10. Backyard raising of livestock and fowl, provided that;
a. For livestock- maximum of 10 heads
b. Foe fowl- a maximum of 500 birds
Section 19. AGRO - INDUSTRIAL ZONE (AIZ). In AI zones, the following uses shall
be permitted:
1. All uses alowed in agricultural zone.
2. Rice/corn mills (single pass)
3. Drying, cleaning, curing and preserving of meat and its products and derivatives.
4.Drying, smoking and airing of tobacco.
5. Flour mill.
6. Cassava flour.
7. Manufacture of coffee.
8. Manufacture of unprepared animal feeds, other grain milling, n.e.c.
9. Production of prepared feeds for animals.
10. Cigar and cigarette factory.
11. Curing and redrying of tobacco leaves.
12. Miscellaneous processing of tobacco leaves n.e.c.
13. Weaving hemo textile.
14. Jute spinning and weaving.
15. Manufacture of charoal.
16. Milk processing plants.
17. Butter and cheese processing plants.
18. Natural fluid milk processing.
19. Other daily products n.e.e.
20. Canning and preserving of fruit and fruit juices.
21. Canning and vegetable and vegetables sauce.
22. Canning ang preserving of vegetable sauces.
23. Miscellaneous canning and preserving of fruit and vegetables n.e.c.
24. Fish canning.
25. Patis factory.
26. Bagoong factory.
27. Processing, preserving and canning of fish and other seafoods n.e.c.
28. Manufacture of dessicated coconut.
29. Manufacture of starch and its products.
30. Mnufacture of wines from juices of locel fruits.
31. Vegetable oil mills, including coconut oil.
32. Sugar cane milling
33. Sugar refining
34. Muscovado sugar mill
35. Cotton textile mill
36. Manufacture/ processing of other plantation crops e.g. pineapple, bananas, etc.
37. Other commercial handcarfts and activities utilizing plant or animal parts and/or
product as raw materials, n.e.c.
38. Medium and large-scale livestock and dowl raising.
39. Other accessory uses incidental to agro-industrial activites.
Section 20. USE REGULATION in WATER ZONE (WZ)
1. The utilization of the water resources for domestic and industrial use shall be
allowed provided it is in consonance with the development regulations of DENR,
provision of the water code, and the Revised Foresty Code of the Philippines, as
amemded and provided further, that is subjected to an environmental impact
assessment prior to the approval of its use.
2. Other use such as Recreation, fishing and Related Activities,
Floatage/Transportation and Mining( (E>G> Off Shore Oil Eploration) shall be
allowed provided it is in consonance with the provisions of the water code, and
the revised foresty Code of the Philippines, as amended.
Seaction 21. Regulation In Tourist Zone (TZ)
No tourism project or tourist related activities shall be allowed in tourist zones

unless developed or under taken in accordance with the Department Of Tourism (DOT)
guidelines and standards and granted approval by the Tourist Estate Department of
DOT>
Section 22. STRATEGIC AGRICULTURE and FISHERY DEVELOPMENT ZONES

(SADZ)
Permitted use in this zones shall be agriculture and fishery development. No structure
shall be allowed in these zones except irrigation facilities and fishpond dikes, and
others, which are incidental to agriculture and fishery development.
ARTIVLE VI
GENERAL DISTRICT REGULATION
Section 23. Development Density. Permitted density shall be based on the zones
capacity to support development.
A. All Zones
There is no fixed maximum density but should be based on the planned absolute
level of density that is intended for each concerned zone based on the
comprehensive land use plan.
Section 24. HEIGHT REGULATIONS. Building height must conform to the height
restricted and requirements of the Air Transportation Office (ATO) as well as the
requirements of the National Building Code, the structural code as well as all laws,
ordinance, design standards, rules and regulations related to land development and
building construction and the various safety codes.
A. All Zones
There is no fixed building height limits except those prescribed by the Air
Transportation Office (ATO) and other government regulations. Within these
zones, building height shall be based on the prescribed Floor Area Ratio (FAR).
Section 25. EXCEMPTIONS FROM HEIGHT REGULATIONS. Exempted from the

imposition of height regulations in residential zones are the following: towers, church
steeples, water tanks and other utilities and such other structures not covered by the
height regulations of the National Building Code and/or the Air Transportation Office.
Section 26. AREA REGULATIONS. Area regulations in all zones shall conform to
the maximum requirements of the existing codes such as:
a. P>D> 95- the Subdivision and Condominium Buyers Protective Law and its
revised implementing rules and regulations
b. B.P. 220- Promulgation of Different levels of Standard and Technical
Requirements for Economic and Socialized Housing Projects and its revised
implementing rules and regulations.
c. P>D> 1096- National Building Code
d. Fire Code
e. Sanitation Code
f. Plumbing Code
g. Structural Code
h. Executed Order No. 648
i. Other relevant guidelines promulgated by the national agency concerned.
Section 27. ROAD SETBACK REGULATIONS. The ff. road regulation should be
applied.
ROAD SETBACK
: Major :Secondary :Tertiary

Zoning Classification : Thoroughfare :Road :Road
:30m. & above : :6m 7 below
___________________________________________________________
: Diversion/Railways : Provincial :
Mun./Brgy.
Residential : 10m. : 10m. : 3m.

Commercial : 20m. : 20m. : 7m.
Industrial : 30m. : 25m. : 10m.
Agricultural : 20m. : 20m. : 7m.
Agro-Industrial : 30m. : 25m. : 10m.
Institutional : 20m. : 20m. : 10m.
Parks & Recreation: 10m. : 10m. : 3m.
Forest : 30m. : 25m. : 10m.
Source: DPWH
Section 28. EASEMENT. Pursuant to the provision of the water code:
1. The banks of rivers streams and the shores of the seas and lakes throughout
their entire length and within a zone of three (33) meters in urban areas; twenty
(20) meters in agricultural areas and forty (40) meters in forest areas, along their
margins are subject to easement of public use in the interest of recreation,
navigation, floatage, and fishing and salvage.
2. No person shall be allowed to stay in this zone longer than what is necessary for
space or recreation, navigation, floatage, fishing or salvage or nto build
structures of any kind.
3. Mandatory five (5) meters easement on both sides of the Marikina fault trace and
such other fault traces on the ground identified by PHILVOLCS.
Section 29. BUFFER REGULATIONS. A buffer of 3 meters shall be provided along

entire boundary length between two or more conflicting zones allocating 1.5 meters
from each side of the district boundary. Such buffer strip should be open and not
encroached upon by any building on structure or should be a part of the yard or open
space.
Section 30. SPECIFIC PROVISION in the NATIONSL BUILDING CODE. Specific

provisions in the National Building code (P.D. 10960) as amended thereto relevant to
traffic generators, advertising and business signs, erection of more than one principle
structure, dwelling or rearlots, access yard requirements and dwelling groups, which
are not conflict with the provisions of the Zoning Ordinance, shall be observed.
ARTICLE VII
INNOVATIVE TECHNIQUES
Section 31. INNOVATIVE TECHNIQUES OR DESIGNS. For projects that introducing

flexibilty and creativity in design or plan such as but not limited to Planned Unit
Development, Housing Projects covered by New Town Development under RA 7279,
Bliss Commercial Complexes, etc., the Zoning Administrators/Zoning Official shall on
grounds of innovative development techniques forward application to HLRB for
appropriate action, unless the local government units concerned has the capacity to
process the same.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 32. PROJECTS of NATIONAL SIGNIFICANCE. Projects may be declared

by the NEDA board as projects of national significance pursuant to Section 3 of EO 2.
Wheb a project is declared by the NEDA Board as a projectof national significance, the
locational clearance shall by the HLURB pursuant to be issued by the HLURB pursuant
to EO 72
Section 33. ENVIRONMENTAL COMPLIANCE CERTIFICATE. Notwithstanding the
issuance of locational clearance under Section 3 of this ordinance, no environmentally
critical projects nor projects located in environmentally critical areas shall be
commenced, developed or operated unless the requirements of ECC have been
complied with.
Section 34. SUBDIVISION PROJECTS. All and/or developers or subdivision projects

shall in addition to securing a locational clearance under section 37 of this ordinance be
required to secure a development permit pursuant to provisions of PD 957 and its
implementing rules and regulations of BP 220 and its implementing rules and
regulations in the case of socialized housing projects in accordance with the procedure
laid down in EO 71, series of 1993.
ARTICLE IX
MITIGATING DEVICES
Section 35. DEVIATIONS. Exceptions, variances or deviations from the provisions of

this ordinance maybe allowed by the Local Zoning board of Adjustments and appeals
(LZBAA) only when the ff. terms and conditions are existing.
The property is unique and different from other properties in the adjacent locality and
because of its uniqueness, the owners cannot obtain a reasonable return on the
property.
1. This condition shall include at least three of the following provisions.
Conforming to the provisions of the Ordinance will cause undue hardship on the
part of the owner or occupant of the property due to physical conditions of the property
(topography, shape, etc.) which is not self-property.
The propose variance is the minimum deviation necessary to permit reasonable

use of the property.
The variance will not alter the physical character of the district or zone where the
property for which the variance is sought is located, and will not substantially or
permanently injure the use of the other properties in the same district or zone.
That the variance will not weaken the general purpose of the ordinance and will
not adversely affect the public health, safety, or welfare.
The variance will be in harmony with the spirit of this ordinance.

2. Exceptions
a. The exception will not adversely affect the public health, safety or welfare.
b. The proposed project shall support economic based activities/provide livelihood,

vital community services and facilities while at the same time posing no adverse effect
on the zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property
in the same district.
d. The exception will not later the essential character and general purpose of the
district where the exception sought is located.
Section 36. Procedures for Granting Exceptions and Variances. The procedure
for the granting of exception and/or variance is as follows:
1. A written application for an exception or variance shall be filed with the local
zoning board of adjustment and appeals (LZBAA) citing the section of this Ordinance
under which the same is south and stating the ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and nature
of the proposed project) shall be posted at the project site.
3. The Local Zoning Board of Adjustment and Appeals shall conduct preliminary
studies on the application.
4. A written affidavit of non-objection to the project by the owners of the properties

adjacent to the project shall be filed by the applicant with the LZBAA at least 15 days
prior to the decision for exception/variance.
5. In case of objection, THE LZBAA shall hold the public hearing.
6. At the hearing, any party may appear in person, or be represented by agent/s. all
interested parties shall be accorded the opportunity to be heard and the present
evidences and testimonies.
7. The LZBAA shall render a decision within 30 days from filing of the application,
exclusive of the time spent for the preparation of written affidavit of on-objection and the
public hearing in case of any objection to the granting of exception/variance.
Article X
Administration and enforcement
Section 37. Locational Clearance. All owners/developers shall secure LOCATIONAL
CLEARANCE from the Zoning Administrator/Zoning Officer or in cases of variances and
exemptions, from the local zoning board of adjustment and appeals (LZBAA) prior to
conducting any activity or construction on their property/land.
Section 38. Building Permit. No building permit shall be issued by the local building
officer within a valid locational clearance in accordance with this ordinance.
Section 39. Non-user of Locational Clearance. Upon issuance of a locational

clearance, the grantee thereof shall have one year within which to commence or
undertake the use, activity or development covered by such clearance on his property,
non-use of said clearance within said period shall result on its automatic expiration,
cancellation and the grantee shall not pro
Article X
Administration and enforcement
Section 37. Locational Clearance. All owners/developers shall secure LOCATIONAL

CLEARANCE from the Zoning Administrator/Zoning Officer or in cases of variances and
exemptions, from the local zoning board of adjustment and appeals (LZBAA) prior to
conducting any activity or construction on their property/land.
Section 38. Building Permit. No building permit shall be issued by the local building
officer within a valid locational clearance in accordance with this ordinance.
Section 39. Non-user of Locational Clearance. Upon issuance of a locational

clearance, the grantee thereof shall have one year within which to commence or
undertake the use, activity or development covered by such clearance on his property,
non-use of said clearance within said period shall result on its automatic expiration,
cancellation and the grantee shall not proceed with his project without applying for a
new clearance.
Section 40. Certificate of Non-Conformance. A Certificate of Non-Conformance

shall be applied for the owner of the structure or operator of the activity involved within 6
months from the ratification of the zoning ordinance by the HLRB or Sangguniang
Panlalawigan (SP). Failure on the part of the owner to register/apply for a Certificate of
Non-Conformance shall be considered in violation of the Zoning Ordinance and is
subject to fine/penalties.
Upon approval of this ordinance, the zoning administrator/zoning officer

shall immediately notify owners of known existing non-conforming use to apply for a
certificate of non-conformance.
Section 41. Existing Non-Conforming Uses and Building. The lawful uses of any
building, structure or land at the time of amendment of this Ordinance may be
continued, although such uses do not conform to the provision of this ordinance
provided:
1. That no such non-conforming use shall be enlarged or extended to occupy or

greater area of land than that already occupied by such use at the time of the adoption
of this Ordinance or moved in whole or in part, to any other portion of the lot or parcel or
land where such non=conforming use exists at the time of the adoption of this
Ordinance.
2. That no such non-conforming use which has ceased operation for more than
one year be again revived as non-conforming use.
3. An idle/vacant structure may not be used for non-conforming activity.
4. That any non-conforming structure, or structures under one ownership which has
been damaged maybe reconstructed and used as before provided that such
reconstruction is not more than fifty percent of the replacement cost.
That should such non-conforming portion of structure be destroyed by any means to an

extent of more than fifty percent of its replacement cost at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this Ordinance.
5. That no such non-conforming use maybe moved to displace any conforming use.
6. That no such non- conforming structure maybe enlarged or altered in an way

which increases its non-conformity, but any structure or portion thereof maybe altered to
decreased its non-conformity.
7. That should such structure be moved for any reason to whatever distance, it shall
thereafter conform to the regulation of the district in which it is moved or relocated.
In addition, the owner of non-conforming use shall program the phase out and
relocation of the non-conforming use within Ten years from the affectivity of this
ordinance.
Section 42. Responsibility form Administration and Enforcement. This Ordinance

shall be enforced and administrated by the Local Chief Executive through the zoning
Administrator/Zoning Officer who shall be appointed by the former in accordance with
existing rules and regulations on the subject.
Section 43. Powers and Functions of a Zoning Administrator/Zoning Officer.

Pursuant to the provisions of EO 72 implementing RA 7160 in relation to Sec. 5,
Paragraph a and d, and Sec. 7 of Executive order No. 648 dated 07 February 1981. The
Zoning Administrator/Zoning Officer shall perform the following functions, duties and
responsibilities.
I. Enforcement
A. Act on all applications for Locational clearances for all projects
1. Act on all application for Locational Clearances for all projects.
2. Recommended to the local zoning board for adjustment and appeals (LZBAA)
the grant or denial of applications for variances and exemptions and the issuance of
Certificate of Non-Conformance for non-conforming projects lawfully existing at the time
of the adoption of the zoning ordinance, including clearances of repair/renovations on
non-conforming uses consistent with the guidelines therefore.
B. Monitor on going/existing projects within their respective jurisdictions and issues

notices of violation and show cause order to owners, developers, or managers of
projects that are violated of zoning ordinance and if necessary to Sec. 3 of EO 72 and
Sec. 2 of EO 71 refer subsequent actions there on to the HLRB.
C. Call and coordinate with the Philippine National Police for enforcement of all
orders and processes issued in the implementation of this ordinance.
D. Coordinate with the City Fiscal/Municipal Attorney for other legal

actions/remedies relative to the foregoing.
II. Planning
A. Coordinate with the Regional Office of the HLURB regarding proposed

amendments to the zoning ordinances prior to adoption by the Sangguniang
Bayan/Panglungsod.
Section 44. Action on Complaints and Oppositions. A complaint for violations of

any provision of the zoning ordinance or of any clearances or permits issued pursuant
thereto shall be filed with the LZBAA.
However oppositions to application for clearance, variance or exception shall be

treated as compliant and dealt within accordance with the provision of this section.
Section 45. Functions and responsibilities of the local zoning board of

adjustment and appeals. There is hereby created a LZBAA, which shall perform the
following functions and responsibilities.
A. Act on applications of the following nature:

1. Variance
2. Exceptions
3. Non-Conforming uses
4. Complaints and opposition to application
B. Act appeals on grant or denial of locational clearances by the Zoning
Administration.
Decision of the Local Zoning Board of Adjustment and Appeals shall be appealable to
the HLRB.
1. City or Municipal Mayor as Chairman

2. City or Municipal Legal Office
3. City or Municipal Assessor
4. City or Municipal Engineer
5. City or Municipal Planning and Development coordinator
6. Two representatives of the private sector , nominated by their respective
organizations and confirmed by the city of municipal mayor. In the event of non-
availability of any of the officials enumerated above, the Sangguniang Bayan shall elect
the number of its members as may be necessary to meet the total number above ser
forth, as representatives.
7. Two representatives from non-government organizations and confirmed by the

city of municipal mayor.
In the event of non-availability of any of the officials enumerated above, the

Sangguniang Bayan shall elect the number of its members as may be necessary to
meet the total number above ser forth, as representatives.
Section 46. Interim Provision. Until such time that the Local Zoning Board of
Adjustment and Appeals shall have been constituted, the HLRB shall act as the Local
Zoning Board of Adjustment and Appeals.
Section 47. Review of the Zoning Ordinance. The Municipality/City Development

Council shall create a sub-committee, the Local Zoning Review Committee (LZRC) that
shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as
the need arises, based on the following reasons/situations.
a. Change in local developments plans

b. Introduction of projects of national significance
c. Petition for rezoning
d. Other reasons which are appropriate for reconsideration.
Section 48. Composition of the Local Zoning Review Committee (LZRC). The
Local Zoning Review Committee shall be composed of sectoral experts.
These are the Local Officials responsible for the operation, development and
progress of all sectoral undertakings in the locality, e.g.
a. Municipal/City Planning and Development Coordinator

b. Municipal/City Health Officer
c. Municipal/City Agriculturist
d. President, Association of Barangay Captains
e. Municipal/City Engineer
f. Community Environment and Natural Resources Officer (CENRO)
g. Municipal Agrarian Reform Officer (MARO)
h. District School Supervisor
i. Three Private Sector Representative
j. Two NGO Representatives
For purpose of Policy and Program Coordination, The LZRC shall be attached to the
Municipal/City Development Council.
Section 49. Function of the Local Zoning Review Committee. The Local Zoning
Review Committee shall have the following powers and function.
A. Review the Zoning Ordinance for the following purposes:
1. Determine amendments or revisions necessary in the Zoning Ordinance because

of changes that might have been introduced in the Comprehensive Land Use Plan.
2. Determine Changes to be introduced in the Comprehensive Land Use Plan in the

lights of permits give, and exemptions and variances granted.
3. Identify provisions of the Ordinance difficult to enforce or are unworkable.

B. Recommended to the Sangguniang Bayan necessary legislative amendments
and to the local planning and development staff the needed changes in the plan as a
result of the review conducted.
C. Provide information to the HLURB that would be useful in the exercise of its
functions.
Section 50. Amendments to the Zoning Ordinance. Changes in the Zoning

Ordinance as the result of the review by the Local Zoning Review Committee shall be
treated as an amendment to the Zoning Ordinance or provisions thereof shall be subject
to Public Hearing and Review Evaluation of the Local Zoning Review Committee and
shall be carried out through a resolution of three fourths vote of the Sangguniang
Bayan.
Section 51. Violation and Penalty. Any Person who violates any of the provisions
of this Ordinance, shall, upon conviction, be punished by a fine not exceeding P2,500,
and not exceeding (P5,000 (for Cities or an imprisonment for a period not exceeding for
6 months and not exceeding 1 year or both at the discretion of the court, In case of
violation by a corporation, partnership or association the penalty shall be imposed upon
the erring officers thereof,
Section 52. Suppletory Effect of Other Laws and Decrees. The provisions of this
Ordinance shall be without prejudice to the application of other laws, presidential
decrees, letter of instructions and other executive or administrative orders vesting
national agencies with jurisdiction over specific land areas. Which shall remain in force
and effect.
Section 53. Separability Clause. Should any section or provision of this ordinance
be declared by the courts to be unconstitutional, such decision shall not effect the
validity of the Ordinance as a whole or any part there of other than the part so declared
to be unconstitutional or invalid.
Section 54. Repealing Clause. All Ordinances, rules or regulation in conflict with
the provisions of this ordinance are hereby repealed; provided that the rights that are
vested upon the effectivity of this ordinance shall not be impaired.
Section 55. Effectivity Clause. This Ordinance shall take effect upon approval by
the housing and Land Use Regulatory Board/ Sangguniang Panlalawigan.
PROVINE OF PANGASINAN
OFFICE OF SANGGUNIANG BAYAN

MUNICIPAL ORDINANCE NO. 03, 5-2006
AN ORDINANCE REGULATING FISHING AND/OR FISHERIES IN MUNIPALITY OF

BINMALEY , PROVINCE OF PANGASINAN AND FOR OTHER PURPOSES,
OTHERWISE KNOWN AS THE 2005 REVISED FISHERY ORDINANCE OF
BINMALEY.
DIRECTED BY; SAM JUN A. SISON, SAM LEO G. URMAZA AND SAM CECILIO P.
TERRADO JR, M.D
IS IT ORDAINED by the Sangguniang Bayan of Binmaley, Province of Pangasinan
SECTION 1. This Ordinance shall be known as the 2005 REVISED FISHERY

ORDINANCE OF BINMALEY and shall enforced in conjunction with laws, decrees, and
rules and regulations of fishing and/ or fisheries already promulgated or that
promulgated regarding the matter.
A.DECLARATION OF POLICY AND DEFINITION OF TERMS
SECTION 2A. DECLARATION OF POLICY - It shall be the policy of the municipality

of the fisheriersand and aquatic resources of coastal and inland waters shall under an
access policy for the exclusive use and enjoyment of Filipino citezens.
It shall be a policy of the municipality to achieve food security as the overriding

consideration in utilization, management, development, conservation, and aquatic
resources in order to provide the food needs for pupolation. Newbie policy towards the
attainment of food security shall be adopted in response to ages in democratic trends
of fish emerging trends in the trade of fish and other products in domestic and national
markets, and the law of supply and demand.
SECTION 3A. DEFINITION OF TERMS As used in this Ordinance, sentence and

phrases shall mean as follows:
1. Auxilliary Invoice the document issued by the municipality for a prior to the transport
of fishery products from the point of origin to their point of destination upon payment of
the fee prescribed by the ordinance.
2. Aquaculture fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh , brackish and marine water areas.
3. Aquatic pollution the introduction of human or machine , directly or indirectly, of

substance or energy to the aquatic environment which result or likely to result such
detertious effects as to harm living and non- living aquatic resources, pose potential and
real hazard to human health, hindrance to aquatic activities such as fishing and
navigation, including the dumping/disposal of waste and other marine litlers, discharge
of petroleum residual products of petroleum or carbonaceous materials/ substances,
and other radioactive, noxious or harmful liquid , gaseous or solid substance from any
water or land or air transport or other human made human structure. Deforestation,
around agricultural practices such as used of banned chemicals and excessive air of
chemicals, intensive use of artificial, and wetland conversion, which cause similar
hazards and decterious effect shall also constitute aquatic pollution.
4. Aquatic Resources include fish, include all flora and fauna and other living
resources of the aquatic environment, including but not intend to salt and corals.
5. Closed Season the period during which the taking of the specified fishery species
by a specified fishing gear is prohibited in a specified areas in municipal waters.
6. Color Coding System- is a system, which has identifying mark on a fishing boat
according to the division and classification of the municipal water. It shall be four (4)
inches side and four (4) feet long situated at the upper portion of the bow, port and
starboard side of the fishing boat.
7. Commercial Fishing- the taking of fishery species by passive or active gear for trade,
business or profit beyond subsistence or sports fishing to be further classified as:
8. Coastline refers to the outline of the mainland shore touching the sea at mean
lower low tide.
9. Coral Reef- a natural aggregation of coral skeleton, or without living corals polyps,
occurring in intertidal and subtidal marine waters.
10. Deleterious Method of Fishing- is fishing with the use fishing gear/ method which is
harmful to the growth of corals and its environment and / or detrimental to the habitat of
marine life.
11. Communal Fishing Ground- tidal waters included within the municipality not being
the subject of private ownership and not intended for the purpose of growing and/ or
culture of fish. A fishing ground for ambulant fishermen using catch and easy apparatus
such as gill nets, push nets (sayosor), cast net (sabokol) devised to catch fish and other
fishery products.
12. Demarcated Areas- boundaries defined by marker such buoys and assigned
exclusively to specific individuals or organizations for certain specific and limited use
such as: Mangrove plantation or reforestation, catching or taking bangus fry or fry of the
species, culture of oysters and green mussels, seaweed farming, fish shelters, and
fishing with the use of hook and line; Fish Culture in fish cages, sea ranching, passive
fishing gears such fish traps, fish attracting and aggregating devices such as artificial
reefs and payaos: and commercial fishing with or without fishing vessels of less than 3
GT; Commercial Fishing vessels of more than 3 to 150 GT.
13. an amount fixed fixed by law of ordinance for regulation of business and
activity
14. Mash Net - net with mesh size of less than three (3)centimetres measured
between two(2) opposite knots of full when stretched .
15. Fingerlings a stage of fish measuring to about six (6) to thirteen (13)centimetres
depending on the species.
16. Fish Coral or Baklad a stationary trap devised to intercept and capture fish
consisting of rows of bamboo stakes of other materials fenced with split bamboo matting
or wire nettings with one or more enclosures usually with any entrance but difficult exi,
and with or without leaders to direct the catching chamber or pursue.
17. SkyBlue - a stationary trap devised to intercepts and capture fish consisting of rows
of bamboo posts with one enclosure at the end for easy entrance of fishes and algae is
placed therein to attract fishes from entering the same.
18. Fisherfolk people directly or personally and physically engage in taking and for
culturing and processing fishery and aquatic resources.
19. Fisherfolk Cooperative a duty registered association of fisher folk with a common
bond of interest, who have voluntarily joined together to achieve a lawful common social
economic end, making equitable contribution to the capital requirement and accepting a
fair share of the risk and benefits of their undertakings in accordance with the
universally accepted cooperative principles.
20. Fisherfolk Organization an organized group, association, federation, alliance or an

institution of fisherfolk which atleast 15 members, a set of officers, a constitution and by-
laws, and organization structure and aprogram of action.
21. Fishfry - a stage at which a fish has been hatched usually width from 1 to 2.5 cm.
22. Fishing - the taking of fishery species from their wild state or habitat with or without
the use of fishing vessel.
23. Fishing Gear any instrument or device of its accessories utilized in taking of fish
and other species classified as:
Active Fishing Gear is a fishing device characterized by a gear movements,

and/or pursuit of the target species by towing, lifting, and pushing the gears,
surroundings, covering, dredging, pumping, and scaring the target species, such as but
not limited to, hook and line, fishpots, traps and gill nets.
24. Fishing License a document that qualify a person/ corporation/ association/ to

operate fishing activity/ies for a duration in municipal water.
25. Fishing Operator a person or duty registered corporation/ cooperative /

association who are directly engaged in the taking and / or culturing the process fishery
and/or aquatic resources, gather bangus fry of other species, construct and operate
fish coral/ pond/ pen /trap/ farming and other fishing activities.
26. Fishing Permit- a document which the municipality allows the license to conduct
fishing operation in municipal waters.
27. Fish Pond- a land based facility enclosed with earthen or stone materials to
impound water for fishing growing fish.
28. Fishery Refuge and Sanctuary a designated area where fishing to other forms of
activities which may damage the ecosystem, of the area of probihited and human
access maybe restricted.
29. Fishery Reserved is designated area where activities are regulated and set aside
for educational research purposes.
30. Fishing Boat Vessel/Boat any boat, ship other water craft equipped to be used for
taking fishery species or aiding one (1) or more vessels in the performance of any
activity relating to the performance of any activity relating to fishing including but not
limited to, preservation, supply, storage, refrigeration, transportation, and/or processing.
31. Fishing with Electricity the use of electricity by dry cell batteries, electric
generators or other sources of electric power to kill, stupefy, disable or render
unconscious any fisheries/ aquatic products in both fresh or sea water areas.
32. Fishing with Explosive the use of dynamite, other explosive or other chemical
compounds that contains combustible elements or ingredients which upon ignition by
friction, confusion, percussion, or detonation, of all parts of the compound, will kill,
stupefy, disabled to render unconscious any fishery species. It also refers to the use if
any other substance or device which cause an explosion that is capable of damaging
and altering the natural habitat.
33. Fishing With Obnoxious or Poisonous Substance the use of any substances, plan
extract or juice therefore, sodium cyanide compounds or other chemicals either in a raw
or render unconscious any fishery species and aquatic resources and capable of
damaging and alerting the natural habitat.
34. Fishworker a person regularly or not regularly employed in commercial fishing and
related industries, whose income is either in wage , profit sharing or stratified sharing
basis, including those working in fish pens, fish cages, fish corrals/traps, fish ponds,
prawn farms, sea farms, salt beds, fish ports, fishing boats aor trawlers, or fish
processing and/or packing plants, excluded from this category are administrator.
35. Pyle Net (Pasabing) a stationary trap devised to intercept and capture fish,
consisting of two walls of net forming V shape with catching chamber at the point of
intercections of thye two walls.
36. Inibot hulbot (Danish Serine , Bira- bira, Zipper) refers y\to the fishing gear
consisting of conical shaped net with pair of wing, the ends of which are connected to
the two ropes with burt or similar materials serving as a herding of scaning device, with
hauling ropes passing through a metallic ring attached to ton weight knows as a
flinggote in the vernacular, when hauled into the fishing boat.
37. Illegal fishing the use of explosives, obnoxious/ poisonous substances, electricity,
other method prohibited as a defined innthis ordinance.
38. Inland Fishery the fresh water fishery and brackish water fishponds.
39. Lagaon a stationary fish shelter consisting of rows of any cut branches of trees
devised to trap fishes and oter fishery product.
40.Mangroves a community of intertidal plants including all species of trees, shrubs,

vines , and herbs found coasts, swamps.
41. Monitoring Control and Survellance Monitoring the requirement of continuously

observing; 1) fishing effort which can be express by the number of the days or hours of
fishing, number of fishing gears, and number of fishers foils, 2) characteristics of
fisherue resources; and 3) resource yield (catch). Control the regulatory conditions
and legal framework under which the exploitation, utilization, and the disposition, of the
resources may be conducted; and Surveillance the degree and types of observation
required to maintain compliance and regulatios.
42. Municipal Waters include not streams, lakes, inland bodies, of water and tidal,
waters within the municipality which are not included within the protected areas as
defined under RA No. 7586 (NIPA Law), public forest, timber lands, forest reserves or
fishery reserves, but also marine waters included between the two(2) lines
perpendicular to general coastline from points where the boundary of lines of the
municipality which touch the sea at low tide and a third line parallel with the general
coast line including offshore islands and 15 kilometers from such coastline.
Where 2 municipalities are situated wit opposite shores that there is less than 30
km of marine waters between them, the third line shall be equally distant from opposite
shore of the respective municipalities.
43. Oyster Bed a stationary culture beds for growing oyster consisting of rows of
rubber tire strips or bamboos stake into the ground.
44. Oyster Culture the cultivation of oyster in suitable water areas by method of with
appropriate intensive care for production purposes.
45. Purse Seine a form of encircling net having a line at the bottom passing through
rings attached to the net, which can be drawn of pursed. In general, the net is set from
as boats or pair of boats around.
46. Resource Rent the difference between the value of the product produce from
harvesting a publicly owned resource less the cost of producing, where cost includes
the normal return to capital and normal return to labor.
47. Trawl an active fishing gear consisting of a bag shaped net with or without outer
boards open its opening which is dragged or towed along the bottom or through the
water column to take fishery species and staining them from the water, including all
variations and modifications of trawl ( bottom, midwater, and baby trawl and tow nets )
SECTION 4B.01 DIVISSION AND CLASSIFICATION/ ZONIFICATION OF MUNICIPAL

WATERS
The municipal waters within the jurisdiction of this municipality for purposes
granting the fishery privileges are divided and classified/zonified hereunder:
1. CLASIFICATION OF RIVERS
A CLASS A
Rivers with widths not less than 80mtrs include rivers covered by; Zone 1-3; 2-2A; 1-5;
9-12A; 13-15; 15-16
These rivers can accommodate the following fishing apparatus:
1. Pasabing
2. Oyster bed
PROPOSED NAVIGATIONAL LANE , BUFFER ZONE AND ALLOWED FISHING

APPARATI OF THE
CLASS A RIVER O BINMALEY
ZONE AREA Navigational Minimum Allowed
(Hectares) Lane Width Buffer Zone Fishing
(m) Width (m) Apparati
1-3
(Manat, 33.48 20 5 157
Naguilayan,
LInoc, Gayaman
2-2A( Naguilan,
Gayaman) 8.4 20 5 42
1-5 (Naguilan,
Amancoro, 25.96 20 5 129
Camaley,
Balogo)
9-12A
(BIec, Lomboy,
Malindong, 10.56 20 5 52
Poblacion
13-15
(Caloocan Sur, 24.84 20 5 124
Caloocan Norte,
Dupo,
Salapingao)
15-16
(Salapingao , 8.46 20 5 43
Sabangan )
SUBTOTAL
557
B. CLASS B
-Rivers with widths 50 meters include rivers covered by Zones 5-8; 11-12A; 12-13-
13d;
-Thes rivers can accommodate the following Fishing Apparatus:
1. Oyster Bed
2. Pasabing
5-8 19.8 15 5 99
(Camaley,
Balogo, Balagan,
Pallas, Pototan)
1-9 5.4 15 5 27
(Biec, Manat,
Nagpalangan)
11-12A 7.92 15 5 39
(Malindong,
Lomboy))
12-13 12.0 15 5 60
(Biec, Poblacion,
Caloocan Sur)
13A,13B,13C,13 11.86 15 5 58
D
SUBTOTAL
283
C. Class C
- This Includes rivers with widths of 30 meters to 49 meters 49 meters covered by
zones 14 14A,15- 15A, 15B, 15C
14-14AC 5.76 10 5 28
(Salapingao)
15-15A 11.52 10 5 57
(Caloocan
Norte)
15B-15BC 4 10 5 PROPOSED
(Sabangan, SANCTUARY
Buenlag)
SUBTOTAL
85
D. CLASS D
- Includes rivers with widths 29 meters below
- These rivers are all communal fishing ground.
- No fishing apparatus shall be allowed in this rivers.
NO FISHING
APPARATI
ALLOWED
Subtotal
Grand Total
925
Section 4B.02. CLASSIFICATION OF COASTAL WATERS the coastal waters of
this municipality include the coastal water of Barangay Baybay Lopez, San Isidro
Norte, Buenlag and Sabangan.
Section 4B.03. USES OF MUNICIPAL WATERS All fishery related activities in the
municipal waters within fifteen kilometers from the general coastline of the
municipality at low tide,as defined in this ordinance, shall be utilized by the municipal
fisher folk and their organizations listed as such in the registry of fisherfolk. Provided,
that in the absence of such organizations and cooperatives of their failure to
exercise their preferential rights other parties may be granted fishing privilege
according to the provisions of RA7160 and RA 8550.
Section 4B.04 ELIGIBILITY FOR FISHING AND/OR FISHERY PRIVILEGES A

licence to engage in fishing and other fishery related activities may be issued to the
following:
a) Citizens of the Philppines preferably bona- fide residents of Binmaley,
Pangasinan;
b) Cooperatives operating in this municipality
Section 4B.05. GRATUITOUS PERMIT - A gratuitous permit maybe issued to any

government agency or institution of learning by the municipal government to engage
in any fishery related activity in any water area for scientific research or educational
purpose, subject with to the terms and conditions as maybe imposed .
Section 4B.06. REGISTRY OF MUNICIPAL FISHERFOLK- The municipal

government thru the municipal agriculture office shall maintain an updated annually
or as maybe necessary of a registry fisherfolk and their organizations, partnerships,
cooperations who are or who may wish to fish in the municipal water or any
municipality for the purpose of determining priorities among them of limiting entry
into municipal waters, of monitoring fishing activities, and/or other related purposes.
Likewise , their shall be maintain a registry of municipal, small and medium
commercial fishing vessels by type of gear and other boat particulars. The bureau of
fisheries and aquatic resources Regional Office No. 1 shall provide identification
cards to all registered fisherfols of the municipalities.
Section 4B.07 FISHERFOLK ORGANIZATIONS AND/OR COOPERATIVE

Fisherfolk organizations/ cooperatives fisherfolk organizations/cooperatives whose
members are listed in the registry of fisherfolk maybe granted use of demarcated
fishery areas to engage in fish capture, agriculture ,and/ or fishing farming; Provide:
That a cooperative member whose house hold is already in possession of a right
other than for fisher capture cannot enjoy the fishing rights granted to the
organization or cooperative.
Section 4B.8. LICENSWE LEAST, PERMIT AND OTHER LICENSES-The license or

permit shall specify the area, fishing gear or method, snd where applicable the
fishing grounds, vessels, size and other parameters for a fishing vessels engaged in
scientific, research or educational purposes. The privilege of catching fish or taking
aquatic products from municipal waters by means of nest, traps or other fishing gear,
with or without use of fishing boats shall be granted under ordinary fishery
license/permits or grants issued by the municipal government to any person,
cooperative , association, partnership, firm or corporation upon inspection by an
officer from the municipal agriculture office of these municipality and certification
issued for the legality its fishing paraphernalia or equipment opf the corresponding
license/permit fee at rates required. That the grantee license agrees unconditionally
to comply with all the laws order, policies and rules and regulation governing fishing.
That the license, assumes responsibility for any and all the acts of peaceagents and
employee of the contractors connected with his fishing operation.
Section 4B.9. LICENSING PROCEDURE

09.1 Applicants for license/permit or grant of any fishery privilege shall accomplish in
filed the prescribed application form prepared at the licensing division of the
municipal government. The said application form shall contain a detail description of
the location of the definite portion or area desired, and a detailed description in the
specific terms of the fishing gear to be used that will preclude doubt as to the exact
location of the portion or area applied or the kind of year or method, and where
applicable the fishing season vessel size and other parameters for which license is
applied and such other information as maybe required.
Section 4B.10 GUIDELINES FOR THE EVALUATION OF PROJECT AND

APPLICATION-The Municipal Government shall be guided with the following rules
regulating projects and issuance of permits/license for the appropriate use and
sustainable development of fisheries and aquatic resources.
Section 4B.11 GROUNDS FOR REJECTION/DISAPPROVAL OR APPLICATION

FOR FISHERY PRIVILAGES-Application for fishery privilages shall be rejected on
any of the following grounds: area applied for is not available of suitable for the
purpose to which is applied/desired for; applicant is not qualified in accordance with
this Ordinance; false or misleading statement in the application; failure to comply
with the requirements , death of the applicant, or dissolution of judicial person; and
when public interest so requires.
Section 4B.12 LICENSE TO OPERATE FISH TRAPS AND OTHER STRUCTURES-
Fish traps and other structures for the culture of fish and other fishery/aquatic
products shall be constructed and operated only within established zones duly
designated by the municipality in accordance with these ordinance and after the
corresponding licenses before have been secured. The area to be leased for these
purpose for individual and medical person shall be determine by the municipal
government; provided, however, that only (10%) of the water surface are the suitable
rivers as provided for in be approved CCDP shall be allotted for aqua culture
purposes like fish traps and the shocking density and feeding requirements which
shall be controlled and determine by its carrying capacity.
Section 4B.13 REGISTRATION AND LICENSE OF POST-HARVEST FACILITIES-

Post harvest facilities such as fish drying areas, fish processing plants, ice plants,
cold storage, fish ports/landing and other fishery business establishment most
registered with an licensed by the municipality.
Section 4B.14 REGISTRATION AND LICENSING OF FISHING GEARS USE IN

MUNICIPAL WATER-Before a fisherfolk, cooperative, association, firm or
corporation shall conduct subsistence or commercial fishing, operation in municipal
water, the fishing gear it will utilized shall be registered and a licensed granted
therefore for a period of 2 years per kind of gear to be used in case of multi-gears to
be operated, each gear shall be registered and licensed separately.
Section 4B.15 LICENSING OF FISHING BOATS-The municipal government shall

issue the license upon inspection, verification, and endorsed by the permits and
licensing division to a person, cooperative, partnership, association, firm of
organization to operated fishing boats/vessel/s (3)GT or less. The license fishing
boats shall be numbered and color coded. The license shall be renewed annually,
where areas, the corresponding registration shall be valid for a period or 5 years.
The owners/operator for a fishing boats shall have a period of 30 days prior to the
aspiration of its license within which to renew the same. Provided; that no such
special permit shall be required of a fishing vessel in a scientific, research or
educational purposes within the municipal waters.
Section 4B.16 OPTIONAL CONCESSION FOR COMMERCIAL FISHING BOAT-

The municipal government in consultation with the MFARMC shall have the authority
to allow license commercial fishing boats 3.0 and below GT to operate within
municipal waters beyond 10 kilometers from the shoreline at low tide in water 7
fathoms deep, using fishing gears permitted by these ordinance, upon payment of
appropriate charges; provided, the fishing net used shall not be less than 3cm
between opposite knots when stretched, furthermore, fishing gears use shall be
classified as passive. The number of commercial fishing boat, which may be allowed
to operated within municipal waters, shall be filed through the permits and licensing
division. Provided, that the number shall be determine after a thorough study of the
reasonable situation of municipal waters.
Section 4B.17 REPORT OF TRASFER OF OWNERSHIP-The owner/operator

transferee of registered fishing boats shall notify the municipal government licensing
division in writing of the transfer of ownership of the fishing boats fifteen(15) days
after its transfer.
Section 4B.18 AUXILIARY INVOICE-Fish and fishery products like preserved ,

frozen, dried, salted, smoke, patis, bagoong, etc.(shells, dried starfish, meat of dried
squid, seaweeds, sponges, tanskin of fish, sea reptiles, bangus and dried fries of
other species, and on other unclassified marine products, etc. , most have auxiliary
invoice to be issue by the licensing officer prior of origin to their point of organization
within the country upon payment of the fee prescribed in the municipal ordinance.
Section 4B.19 RENEWAL OF FISHERMEN LICENSE-The fishermens licensed be

renewed annually. Renewal of license shall be every 20 th day of January of each.
Section 4B.20 SURCHARGE-When annual, license/permit fee for any fishery is not
renewed on the date it become due, the licensed/permit shall pay a charge of 50%
of the amount due for non-payment 45 days after due an (100%) of the amount due
for non-payment 46-60 days due date. Non-payment of license after 60 days would
mean the cancelation of the case.
Section 4B.21 GROUND FLOOR CANCELATION/TERMINATION OF LICENSE-

Used to fishery privilege granted and issued under dis-ordinance maybe canceled of
the following grounds:
a. Failure to comply with provisions of this Ordinance and other fishery laws as well
as the terms and conditions of the lease;
b. Fraudulen, false or misleading statements in the application;
c. Dissolution of the judicial license
d. Abondonement of the area for 4 months
e. Failure to pay the license fee, leased amount and other fees as surcharges
relative thereto;
f. When public interest so requires
g. Death of applicant/Licensee.
.

OFFICE OF THE SANGGUNIANG BAYAN

Municipal Ordinance No. 2 S-2009
"AN ORDINANCE PRESCRIBING AND PENALIZING ACTS AND OMISSIONS

INIMICAL TO CLEANLINESS AND SANITATION"
Introduced and sponsored by: SBD JOCELYN V. BAUTISTA, SBM EDUARDO C.

AQUINO and SBM JOSE Z. CABRERA,JR. M.D.
Co-sponsored by: SBM JUN A. SISON & SBM VONMARK V. VALERIO

EXPLANATORY NOTE
WHEREAS, the Municipality of Binmaley, being a fast - growing municipality, is forced

with multifarious problems on cleanliness and sanitation;
WHEREAS, the present administration has initiated a vigorous cleanliness and

environmental protection program;
WHEREAS, in order to effectively carry out the implementation of such program, a

measure that will penalize certain acts and omissions inimical to cleanliness and hostile
to our environment must be adopted;
NOW THEREFORE, on motion to Councilor Jose Z. Carrera, Jr., M.D and duly
seconded by all members present;
BE IT ENACTED, AS IT ID HEREBY ENACTED BY THE SANGGUNIANG BAYAN, IN

SESSION ASSEMBLED THAT:
"SECTION 1 : IDENTIFYING ACTS AND OMISSIONS INIMICAL TO CLEANLINESS

AND SANITATION. "
a) Littering in the streets, sidewalks, parks, square, playgrounds, markets, plazas

and other public places; PROVIDED, that the public vehicle or conveyance shall
be considered a public place for this purpose.;
b) Discharge dump or cause to be discharged oil, noxious, gaseous and liquid
subtances and other harmful substances from or out of residential, commercial
and industrial establishment.;
c) Throw, discharged or deposit, dump or cause to be thrown, discharged or
deposited any refuse matter of any kind and description in any place on the bank
of navigable water or the bank of any tributary of any navigable water where the
same shall be likely to be washed into such navigable water, either by ordinary or
high tides, or by typhoon or flood, otherwise, navigation shall or maybe impeded
or obstructed, or cause the pollution of such water;
d) Urinating or defecating in places other than, designated comfort room toilets;
e) In public places where there are spittoons, cuspidors; or trash cans, spitting or
discharging mucus beyond such waste receptacles;
f) Paintings inscribing or posting of graffiti on public or private buildings, walls,
fences and other similar places;
g) Vandalism of public or private property;
h) Failure to maintain the cleanliness and sanitation on comfort rooms in public
establishments;
i) Dailure to maintain the cleanliness of premises, surroundings public or private
buildings or vacant lots; PROVIDED, that on addition to the liability of the owners
for the penalties provided herein, the Municipal Mayor may order the cleaning of
such premises or vacant lot at the expenses of the owner;
"SECTION 2. It is hereby declared unlawful for any person to commit any or aloof the
facts enumerated hereinabove within the territorial jurisdiction of the municipality.
SECTION 3. PENAL CLAUSE -Any person found guilty of violating this ordinance shall
be penalized in accordance with the following schedule;
a. First offense - a fine of Five Hundred Pesos (Php 500.00);

b. Second offense - a fine of Seven Hundred Fifty Pesos (Php 750.00);
c. Third offense - a fine of One Thousand Five Hundred Pesos (Php 1500.00)
and/or imprisonment of three months at the discretion of the court.
SECTION 4. All other existing ordinances which are inconsistent with this Ordinance are
hereby repealed or modified accordingly.
SECTION 5. This Ordinance shall take effect after (15) days following its complete
publication in a newspaper of general circulation in the Province of Pangasinan.
ENACTED, this 11 day of May 2009, at Binmaley, Pangasinan.

OFFICE OF THE SANGGUNIANG BAYAN

Municipal Ordinance No. 3 S-2011
"AN ORDINANCE REGULATING THE DISPOSAL AND MANAGEMENT OF

HOSPITAL, CLINIC AND OTHER RELATED MEDICAL INSTITUTIONS' WASTE
MATERIALS WITHIN THE MUNICIPALITY OF BINMALEY, PANGASINAN."
Introduced and sponsored by: SBM JEFFREY R. DELOS ANGELES

Co-sponsored by: SBM JOVITO F. CASTRO
EXPLANATORY NOTE
WHEREAS, the Sanggunian has the moral duty to ensure public safety and promote
public health;
WHEREAS, to avoid the indiscriminate dumping of infectious, potentially dangerous and

radioactive solid and liquid wastes without proper disinfection and appropriate safety
measures, hence, the outmost necessity and importance to adopt immediate
appropriate legislative measures that will improve and enhance the hospital
management, collection and disposal of wastes, particularly the infectious ones;
NOW THEREFORE, on motion of Councilor Jeffrey R. delos Angeles ang jointly

seconded by Councilor Jovito F. Castro, Vonnark V. Valerio and SKF President
Harmielyn C.Cerezo.
SECTION 2. CLASSIFICATION OF HOSPITAL WASTE/GARBAGE
1. BIODEGRADABLE- any material that can reduce into finer particles (degraded or
decomposed) by microbiological organisms or enzymes (synonymous with
compostable);
2. NON-BIODEGRADABLE- anything that is not capable of decaying and not absorbed

by the environment such as cellophanes, plastics, rubbers and the like;
3. SHARPS- hospital/clinical instrument used in the operation and /or treatment of

patients and other related medical functions like needles, blades, scalpels, nails, saws,
glass, slides, etc;
4. CLINICAL WASTE- hospital/clinical waste which may be generated from medical,

nursing, dental, veterinary, laboratory, pharmaceutical or similar practice, investigation,
treatment care, teaching or research which by nature of its toxic, infectious or
dangerous content may prove a hazard or may give offensive unless previously
rendered safe or innoffensive. Such waste includes human or animal tissue or
excretions, contaminated drugs, medicinal products, swabs and dressings, instruments,
disposable gloves, masks, gowns and similar materials and substances;
5. PATHOLOGICAL WASTE- type of hospital waste which include tissues, organs,

body parts, human fetuses from surgical operation, biopsy and autopsy. Also included
are animal carcasses, blood and body fluids usually coming from patients services;
6. CHEMICAL WASTE- hospital waste usually generated from diagnosis, and

experimental section, research section, cleaning and disinfecting procedures which is
classified as hazardous and non-hazardous in form of gas, solid and liquid chemicals;
7.RADIOACTIVE WASTE- hospital waste generated from nuclear medicine section,
diagnostic and therapeutic procedures and the paraphernalia used. This is in the form of
solid, liquid and gas contaminated with radio nuclides, exemplified by radio-iodine
technetium 99 and indium in particular; excreta of patients who underwent radio isotopic
therapeutic application, needles and syringes, test tubes and tap waste washing of such
paraphernalia;
SECTION 3. STANDARD HOSPITAL WASTE/GARBAGE COLLECTION SYSTEM.
To ensure uniformity and safety, the hospital should provide four (4) kinds of trash bags
which shall be identified individually, to wit:
3.1. Black Trash Bag - for collection of non-infectious dry waste;
3.2. Green Trash Bag - for collection of Non-infectious wet waste;
3.3. Yellow Trash Bag - for collection of dry and wet waste;
-chemical waste and other potentially infectious waste;
-pathological waste;
-chemical waste;
-sharps contained in punctured-proof container covered with thick solution of
lime;
3.4. Orange Trash Bag - wit trefoil sign - for collection of radioactive waste which will
be stored in the hospital until rendered as inactive and/or disposed of in accordance
with the prescribed rules and regulations of the Philippines Nuclear Research Institute.
(PNRI)
The hospitals are further required to match the color of the plastic bag to the color the
storage receptacle to facilitate efficient collection system.
SECTION 4. STANDARD STORAGE PROCEDURE
All collected hospital waste/garbage should be tightly closed, segregated

according to colors and handled/stored as follows:
1. Yellow trash bags should be placed in an enclosed area which should be secured
with lock and key to prevent encroachment of scavengers and stray animal;
2. Black and green trash bags may be disposed off through the municipality's collection
and disposal system;
3. Orange trash bag with trefoil sign should be placed in an enclosed interim storage of
the hospital which should be secured with lock and key to prevent encroachment of
scavengers and stray animals until the radioactive waste became inactive or disposed
off at the behest of the Philippine Nuclear Research Institute;
A central storage or transfer station shall be provided by the hospital and must
conform with the following site criteria;
1. It must be located as near as possible to the center of waste production on

the collection area which it serves;
2. It must be accessible to municipality' collection service;
3. It must be located in a placed where the transfer operation could be done

with minimum public objection and in accordance with sanitation provision.
4. Location must meet local requirements such as zoning service;
5. When transfer station is not feasible within the hospital compound, an

arrangement with collection service must be provided in transferring/disposing hospital
waste to disposal site.
SECTION 5. HOSPITAL WASTE/GARBAGE DISPOSAL SYSTEM
All hospitals/clinics shall be required to provide their own colored trash bags fir
waste collection. They shall also be required to provide their own means of disposal by
using any of the applicable disposal system described below, or public and
environmental health.
1. Hospital Enclosed Burning Pit. With a smoke stock and located about 50 to 100
meters from the hospital facilities. This is ideal for hospital with open spaces and away
from nearby buildings. (This wind direction is studied. The location of the pit must be at
place where the wind blows the smoke away from the hospital facilities.) The ashes of
left-over burnt materials are thrown in public dumpsite. This will handle hospital waste in
yellow trash bag.
2. Ground Pit. This is a dug up ground hole about 2 meters deep and 1 meter wide
located at a safe distance from the hospital facilities. This is used to dump contaminated
wastes described under hospital waste 3, 4, & 5. This will covered by lime and by 10
cm. soil periodically or daily depending on the volume of such waste. When this pit is
filled up to 10 cm. from the ground level and labeled as to the date, to be identified and
to keep close and non-usable for at least 4 months after which this pit can be reused
again, the hospital availing of this method should at least have 3 to 4 such pits for
rotational schedule. The lime powder are made to a thick solution before actual
application.
3. Sewage Disposal System. For urine and fecal materials in cases of typhoid,
infectious diarrhea, poliomyelitis and infectious hepatitis the technique for handling is
dependent upon available sewage disposal facilities. In hospitals, where there is no
treated sewerage system or properly functioning septic tank, feces should be broken up
and emptied into a covered can containing (add one and one a haft ounces of phenol or
creosol type disinfectant to one quart of water.) The mixture should stand for one hour
before being emptied into hopper or toilet. If the hospital wastes enter a treated
sewerage system or with properly functioning septic tank, bed pans may be emptied
into hoppers or toilets preliminary treatment. Incinerator which is occasionally employed
is an absolute safeguard.
However, in consideration of the economic implication of providing individually

by each hospital their own disposal system, groups of hospitals may jointly establish a
disposal system that can service adequately the bead for disposal facilities. Networking
of available facilities is likewise encouraged.
SECTION 6. FUNDING SOURCE
All hospitals, clinics or entities shall be required to earmark specific amount

necessary for the implementation of this Ordinance.
SECTION 7. SPECIAL GARBAGE FEE FOR INFECTIOUS AND HAZARDOUS

WASTES.
All hospitals, clinics or other similar institutions shall continue to be charged

with the usual garbage fees related to general waste based on existing Ordinance.
However, the fees for infectious and hazardous wastes are as follows:
A minimum monthly fee of THREE HUNDRED PESOS ( P 300.00) shall be

charged from each hospital or entity and for clinics, a minimum monthly of One Hundred
Pesos (P 100.00) , plus addition fee of Fifty Pesos (P 50.00) per cubic meter of garbage
generated bin excess of 5 cubic meters.
The afore-said special garbage fee shall be paid with the first five days of each
month and in case of default, the payer shall be subject to a surcharge of 10% for each
month of delinquency or fraction therefore after the due date until the amount was fully
paid.
All revenues collected shall accrue to Special Fund to be used for maintenance
and operating expenses on hospital waste management, collection bad disposal and
other improvement therefore.
SECTION 8. PENALTIES
Violation of any provisions, rules and guidelines embodied in this Ordinance
shall be punished by a fine of not less than P 200.00, nor more than P 2,000.00, or
imprisonment of not less than 10 days, nor more than six months, or both such fine and
imprisonment at the discretion of the Court.
If the violator is corporation, firm, or other entity, the President, Director,

Manager, or persons responsible for its operation shall be criminally liable therefore.
SECTION 9. REGULAR INSPECTION
All concerned hospitals, entities and other institutions shall be strictly required
to provide their own particular or joint waste disposal system, subject to regular
inspection by Municipal Health Officer or his duly authorized representative, who shall
ensure that the provisions of this Ordinance are faithfully and strictly implemented and
enforced.
SECTION 10. SEPARABILITY CLAUSE.
If, for any reason or reasons, any part or provision of this Ordinance shall be
held to be unconstitutional or invalid, other parts or previsions hereof which are not
affected thereby shall continue to be in full force and effect.
SECTION 11. REPEALING CLAUSE.
All ordinances, rules and regulations which are inconsistent with may any
provision or provisions of this Ordinance are hereby repealed or modified accordingly.
SECTION 12. EFFECTIVITY CLAUSE.
This Ordinance shall take effect ten (10) days after its publication in a
newspaper of local circulation in the Province of Pangasinan.
ENACTED. June 21, 2011 at Binmaley, Pangasinan.

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BINMALEY MUNICIPAL ORDINANCES

APPROVED BY SANGGUNIANG PANLALAWIGAN

An Ordinance adopting the Zoning

An ordinance regulating fishing

An ordinance prescribing and

An ordinance regulating the

MUNICIPAL ORDINANCE NO. 2-2001

AN ORDINANCE ADOPTING THE ZONING REGULATIONS OF THE MUNICIPALITY

Be it ordained enacted by the Sangguniang Bayan of Binmaley, Pangasinan;

NOW THEREFORE, the Sangguniang Bayan of Binmaley in a session assembled

Section 1. Title of the Ordinance. This ordinance shall be known as the

Purposes. This ordinance is enacted for the following purposes:

2. Protect the character and stability or residential, commercial, industrial,

1. Agricultural Zone (AGZ) an area within a city or municipality intended for

2. Agro-Industrial (AIZ) an area within the city or municipality intended primarily

5. Built-up a contiguous grouping of ten (10) or more structures.

7. Certificate of Non-Conformance certificate issued to owners of all uses existing

8. Compatible Use uses or land activities capable of existing together

If a component city is located within the boundaries of two or more provinces

10. Comprehensive Land Use Plan (CLUP) a document embodying specific

19. General Institutional Zone (GIZ) an area within a city or a municipality

Machine Rooms and Closets;

Covered Balconies and Terraces;

Interior walls and columns, and other inferior features;

Covered areas for parking and driveways, including vertical penetration in

23. Highly Urbanized Cities cities with a minimum population of 200,000

30. Non-conforming use existing non-conforming uses/ establishments in an area

32. Planned Unit Development (PUD) it is a land development scheme wherein

33. Rezoning a process of introducing amendments to or a change in the text and

34. Rural Area area outside of designated urban area.

38. Strategic Agriculture and Fisheries Development Zone

44. Warehouse refers to a storage and/ or depository of those in business of

47. Zoning Administration/ Zoning Officer a municipal/ city/ government employee

1. Residential Zone (RZ)

2. Socialized Housing Zone (SHZ)

3. Commercial Zone (CZ)

4. Light Industrial Zone (I-1)

5. Institutional Zone (IZ)

6. Special Institution Zone (SIZ)

7. Agricultural Zone (AGZ)

8. Agro-Industrial Zone (AIZ)

9. Parks and other Recreation Zone (PRZ)

10. Water Zone (WZ)

11. Tourist Zone (TZ)

12. Strategic Agriculture Development Zone

13. Strategic Fishery Development Zone

Section 6. Zoning Maps. It is hereby adopted as an integral part of this Ordinance,

Section 8. Interpretation of the Zone Boundary. In the interpretation of the

Allowance of further uses shall be based on the intrinsic qualities of the

1. Detached family dwelling

a. Non-Pollutive/ Non-Hazardous Industries

1. Government center to house national, regional or local office in the area

Section 16. USE REGULATIONS in SPECIAL INSTITUTIONAL (SIZ) ZONE. In SI

3. Military camps/reservations/base and training.

4. Pentair and correctional institution.

Section 17. USE REGULATIONS in PARKS and RECREATIONAL ZONE (PRZ).

5. Ancillary dwelling units/ farmhouses for tillers and laborers.

6. Agricultural research and experimentation facilities such as breeding stations,

7. Pastoral activities such as goat raising and cattle fattening.

b. There shall no exchange in the outside appearance of the building premises;

c. No home occupation shall be conducted in any customary accessory use cited

e. No equipment or process shall be used in such occupation which creates noise,

c. Such shall conaider same provision as enumerated in letter c, d, and e of Home

10. Backyard raising of livestock and fowl, provided that;