R E P U B L I K A N G PIL1PINAS

TANGGAPAN NG SANGGUNIANG PANLUNGSOD

LUNGSQD NG BAKOLOD
-0O0-

CITY ORDINANCE NO. 596

July 18, 2012

AN ORDINANCE PROHIBITING THE INDISCRIMINATE THROWING AND

DUMPING OF GARBAGE, RUBBISH OR ANY KIND OF WASTE IN OPEN OR PUBLIC
PLACES AND MANDATING ALL RESIDENTIAL AND COMMERCIAL OR BUSINESS
ESTABLISHMENT TO CLEAN AND MAINTAIN THE CLEANLINESS OF THEIR
FRONTAGE AND SURROUNDINGS AND PROVIDING PENALTIES THEREOF.
REPEALING CITY ORDINANCE NO. 173, DATED DECEMBER 12, 1996 AND CFTY
ORDINANCE NO. 251 DATED MARCH 23, 2000

WHEREAS, Section 458 (4) (si) of Republic Act No. 7160, otherwise known as the
f_ocaf Government Code of 199 1, thai Sangguniang Panfungsod shaft enact an ordinance
that prohibit activities relative to the use of land, building, and simcture within the City in
order to promote the general welfare and for said purpose shall; require that building and
premises thereof and any land within the City be kept and maintained in a sanitary
condition; impose penalties for any viofafion thereof; or upon failure to compfy with the
said requirement have the work done at the expense of the owner administration or
tenant concerned;

WHEREAS, Presidential Decree No. 825, Section 1, states, xxx at! citizens and
residents of the Philippines, ail universities, coffege and school and other similar
institutions, private, so as public, all commercial and industrial establishment, such as
hoteis, restaurants, hospitals, cinema houses, public markets, department stores,
groceries and the like, all public conveyances, all residential houses, and all other
establishment of any kind shaft undertake the cleaning of their own surroundings, their
yards and gardens, as we!! as the canals, roads or streets in their immediate premises:

WHEREAS, Section 3 (i) of R. A. 7160 provides the Local Government Units shall
share with the national government the responsibility in the management and
maintenance of ecological balance within the territorial jurisdiction;

WHEREAS, Section 458 (i) (vi) of R. A. 7160 also empowers "the Sangguniang
Panfungsod to protect (he environment and impose appropriate penalties for acts which
endanger the environment including such activities which result in pollution, acceleration
or euthrophication of rivers and lakes an ecological embalance.
 REPUBLIKA NG P1LIPINAS
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
LUNGSOD NG B A K O L O D
-0O0-

CiTY ORDINANCE NO. 596

July 18,2012

AN ORDINANCE PROHIBITING THE INDISCRIMINATE THROWING AND

DUMPING OF GARBAGE, RUBBISH OR ANY KIND OF WASTE IN OPEN OR PUBLIC
PLACES AND MANDATING ALL RESIDENTIAL AND COMMERCIAL OR BUSINESS
ESTABLISHMENT TO CLEAN AND MAINTAIN THE CLEANLINESS OF THEIR
FRONTAGE AND SURROUNDINGS AND PROVIDING PENALTIES THEREOF,
REPEALING CITY ORDINANCE NO. 173, DATED DECEMBER 12, 1996 AND CDTY
ORDINANCE NO, 251 DATED MARCH 23, 2000

WHEREAS, Section 458 (4) <ii) of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, that Sangguniang Panlungsod shaft enact an ordinance
that prohibit activities relative to the use of land, building, and structure within the City in
order to promote the general welfare and for said purpose shall; require that building and
premises thereof and any land within the City be kept and maintained in a sanitary
condition; impose penafties for any violation thereof; or upon failure to compfy with the
said requirement have the work done at the expense of the owner, administration or
tenant concerned;

WHEREAS, Presidential Decree No. 825, Section 1, states, xxx all citizens and
residents of the Philippines, all universities, college and school and other similar
institutions, private, so as public, ail commercial and Industrial establishment, such as
hotels, restaurants, hospitals, cinema houses, public markets, department stores,
groceries and the like, all public conveyances, ail residential houses, and all other
establishment of any kind shall undertake the cleaning of their own surroundings, their
yards and gardens, as well as the canals, roads or streets In their immediate premises;

WHEREAS, Section 3 (i) of R. A. 7160 provides the Local Government Units shall
share with the national government the responsibility in the management and
maintenance of ecological balance within the territorial jurisdiction;

WHEREAS, Section 458 (i) (vi) of R. A. 7160 also empowers "the Sangguniang
Panlungsod to protect (he environment and impose appropriate penafties for acts which
endanger the environment including such activities which result in pollution, acceleration
or euthrophication of rivers and lakes an ecological embalance;
City Ordinance No 596
July 18, 2012
Page 3

b) Covered Public Places - includes schools, colleges, universities, museums,

clinics, health centers, dispensaries, laboratories, government or private
offices, auditoriums/stadium/gymnasium/session halls, churches, convention
centers, theaters/movie houses/studios, bar, restaurants/cocktail
lounges/canteen/kiosks, and other enclosed public eating places, dance
halls/disco houses, day and night clubs, beer/pub houses, hotels, motels,
department stores, markets/groceries, factories, places and other covered
places where people stay or gather for political, social", education, religious,
sports or entertainment purposes

c) Disposal - shall refer to the discharge, deposit, dumping, spilling, leaking or

placing of any solid waste info or in any land.

d) Domestic Waste - are food residues, food preparation waste and spoilages,
paper and other paper products, metals, plastics and rubbers, rugs and
clothes, process residues, yard trimmings and woods.

e) Immediate Surroundings - refers to the frontage, including up to the mid-

span of the road, street, aiiey or avenue (excluding highways and major
thoroughfares) from the edge of the street gutter, sidewalks of residential
houses, dwelling units, business/commercial establishments or offices whether
private or public.

f) industrial Waste - are organic and inorganic residues, hazardous materials,

hazardous and toxic chemicals, metals and wood.

g) Junk Vehicles and Appliances - are those abandoned vehicles and metal
products such as refrigerators, air-conditioners, television, etc.

h) Open Public Place - are roads, streets, sidewalks, easements, parks and other
open spaces, bridges, alleys, overpasses, rivers, creeks, canals, drainage,
esteros, waterways, and other bodies of wafer and outlets.

i) River, Canals, Drainage and Other Waste Outlets - refers to all waterways and
wafer outlets within the jurisdictional boundaries of Bacoiod City

/
City Ordinance No. 5y6
Jury IS, 2012
-

j) Solid Waste - are refuse arising from human, animal and mdustrwl
that are normatly solid in nature and discarded or thrown away as
and/or unwanted. They are normally classified into
(biodegradable) and non-degradabie (recyeiabie/re-usabie) and
into different types i.e. garbage, rubbish, junk vehicles and
industrial and special waste and generated from residential,
commercial (department stores, restaurant, hotels, etc.,) streets
construction and demolition debris.

k) Special Waste - are usually bulky wastes, sewage residues,

sweepings, pollution control residues, pathological (hospiab
constructions and demolition debris.

I) Street and Sidewalk obstructions - mean any form of waste

immovable and bulky in nature because of its size and weight
obstruct or impede the free flow of traffic and pedestrian

Section 4. Rights and Responsibility under this ordinance

4.1 It is the moral duty of each every owner and/or tenant of any
residential building to clean the area of five meters from the nearest
the building of any dead animals and rodents, broken or empty
or porcelain, used or empty cans canisters, cigars, cigarettes or
grass, waste, or used paper, fruit peelings, plastic or plastic
rubber, rags, fallen leaves, twigs or branches of trees, swift and a
garbage, rubbish, trash or waste materials. With respect to n
buildings enclosed with walls, or fence, the five meter distance
measured from the nearest wall or fence.

4.2 Each homeowner, tenant, manager or person-in-eharge of any

any room or space therein shall provide a receptacle in which he aa
deposit or cause to be deposited all such garbage, rubbish, trash or mm
materials and which receptacle shall be maintained in sanitary condition al
times by him or his representative and placed in such a location that is
accessible but not obtrusive to the pedestrians.

4.3 In the case of commercial or industrial buildings, the responsibility menacmed

in the next preceding article shall be borne by the manager or persons-
charge of the entity occupying the building or space therein and the ownos
of the buildings jointly if it is a juridical eniity ihe manager or p e r s o n s
charge thereof shall be held responsible.
City Ordinance No 596
Jury 18, 2012
Page 5

4.4 !t is the responsibility of the owner/driver of public utility vehicle plying in the
City of Bacotod to install a trash/Utter receptacle with lid in a conspicuous
area inside the vehicle and obliged to clean and maintain the cleanliness of
their respective vehicle at all times.

4.5 Responsibility of the homeowner, tenant, manager or person-in-charge to

coordinate with the public services manager so that the garbage shall be
collected regularly and properly disposed.

4.6 All pedestrians shall also be held responsible for the maintenance of the
cleanliness and orderliness sought to be achieved under this title

Section 5. Prohibited Acts

a) It is unlawful lo dump, throw or litter, garbage, refuse or any form of solid

waste in public places and immediate surroundings, including vacant lots,
rivers, canals, drainage and other water ways, as defined in Section 4, of this
ordinance and to urinate, defecate and spit in public places.

b) The owners/residents, lessees or occupants of residential houses/dwelling

units, vacant lots, the owners, proprietors, operators/administrators or
dormitories, condominiums, commercial buildings nnd offices whether private
or public institutions like schools and churches are obliged to sweep
everyday, clean and maintain cleanliness of their respective frontage and
immediate surroundings, including the sidewalks and street gutters fronting
their premises, as defined in Section 3 hereof

c) It is unlawful to bring out garbage on the property line of residential and

commercial establishments or any part of the road which must be stored in
properly sealed plastic containers and to be brought outside only upon arrival
of the authorized garbage hauling trucks in their respective localities.

d) it is unlawful for any person to place, store, or dump construction wastes or

debris, junked or under repair vehicles, dilapidated appliances and other
immovable objects in any part of the road, street or avenue or in any
sidewalk which may obstruct or impede the vehicular and pedestrian traffic

e) The owners, operators, drivers and conductors of public utility vehicles plying
within the City are obliged io clean and maintain the cleanliness of their
respective vehicles at ail times and to provide a modest trash receptacles
inside their vehicles, as provided in City Ordinance No 251 dated March 2"i
2000
Ciiy Ordinance No 596
July 18, 2012

f) It is unlawful for the owners operators, proprietors of pubic

trucks, tomes, tankers delivery vans, and other eemmm
transportation facilities to spill, scatter or litter any kind of fo*» of
defined in Section 4 hereof, or any of their roads on any part af
street or avenue on their way to their destination;

g) It is unlawful for any person, or group of individuals, to enter Intel

or offer the services for a fee for the disposal of domestic waste to;
household in a community, unless otherwise, authorized and
the City of Bacoi'od or homeowners' association in private
form of livelihood projects to propagate reduction, recycang m i
waste.

h) It is unlawful for any person/s, private and public corporations- a

and promotion companies, movie producers, professionals am
contractors to post, install, display any kind or form of bdboai
posters, streamers, professional service advertisements and tm
clutters in any part of the road, sidewalk, center island, posts. I N
and open space

i) It is unlawful for any person, private or group of persons or pubic a

to hire a minor to dump, throw or titter garbage, refuse or any s
a vacant public place or lot and immediate surroundings.

Section 6, Conduct of inspection and Supervision

The Department of Public Services (DPS), Bacolod City Police and t i e

Officials including the Basangay Police and Anti-tittering Task Force are
apprehend, implement and supervise this ordinance and to conduct regular i
residential, commercial" establishments from 6:30 am to 8:30 am and then from &
8:30 p.m in order to ascertain and establish whether the guidelines under S e c i ;
ordinance is strictly observed and followed. Random inspection shall be e
time to time by the Anti-Littering Task Force during the period from 12:00
a m to deter dumping in bulk.

Section 7. Penalties

(a) Any person found violating Section 5, paragraph (a) <c> (e) and A v i s
ordinance shafl be penalized by a fine of Five Hundred Pesos f ' l W i
community service of one (1) day in the Department of Public Services
of the City of Bacolod.
City O r d i n a n c e N o . 5 9 6
July 13. 2 0 1 2
Page 7

(b) F o r violators of p a r a g r a p h s (ta) (d) (g) (h) a n d (i) of S e c t i o n 5 the owner,

proprietor, administrator, operator, m a n a g e r of any b u s i n e s s establishment
a s the c a s e m a y be shall be p e n a l i z e d by a fine of T w o T h o u s a n d F i v e
H u n d r e d P e s o s (P2,500.0G), or c o m m u n i t y service for five (5) d a y s in the
Department of P u b l i c S e r v i c e s ( D P S ) of the City of B a c o l o d .

S e c t i o n 8, S p e c i a l P r o v i s i o n s

(a) F o r illegally d u m p i n g of bulky w a s t e , factory/construction debris a n d other

simitar nature thai requires hauling, the violator shaft be fiabie to p a y a n
additional hauling fee of O n e H u n d r e d P e s o s ( P I 0 0 . 0 0 ) p e r cubic meter in
addition to the penalty p r o v i d e d in S e c t i o n 7

(b) T h e violator shall be required to p a y a t o w i n g f e e of O n e T h o u s a n d F i v e

H u n d r e d P e s o s ( P I , 5 0 0 . 0 0 ) in addition to the fine p r o v i d e d in S e c t i o n 7
hereof, if the j u n k v e h i c l e s illegally d u m p e d are t o w e d by the Traffic
M a n a g e m e n t Unit ( 7 M U ) .

S e c t i o n 9, D i s p o s i t i o n o f F i n e s

T h e c o r r e s p o n d i n g fines to b e collected s h a l l b e s h a r e d in favor of the following:

(1) S e v e n t y percent (70%) shall form part of the G e n e r a ! F u n d of the City w h e r e

the viofafion w a s c o m m i t t e d within the jurisdiction of B a c o t o d C i t y .

(2) Thirty percent (30%) shall be allocated to the B a r a n g a y w h e r e the violation

w a s committed.

T h e collected penalty shall b e turned-over to the City for proper disposition in

a c c o r d a n c e with the provision of the existing law

(3) T h e f e e s to be collected under S e c t i o n 3 of this o r d i n a n c e for hauling of

illegal d u m p i n g of bulky w a s t e , factory/construction w a s t e a n d other similar in
nature that requires hauling a n d t o w i n g shall be paid directly to the p e r s o n or
a g e n c y that provides the n e c e s s a r y foois or e q u i p m e n t .

A
City Ordinance Wo 596
July 18,2012

Section 10. Incorporation b y w a y of Reference

The incorporation by way of reference of aii ioca! ordinances touching

littering, throwing, dumping of art waste or garbage in public or private places »:
establishment of effective system of garbage disposal and ecological waste m a n a g e * *
in the City of Bacolod and others may continue to be enforced upon approve
ordinance

a. City Ordinance No. 531 (March 23, 2011) An Ordinance P r o f * *

Littering of Plastics Papers or any Other Refuse in Plastics, P a p a s
Waterways and Recreational Area and Providing Penalties These*
Repealing City Ordinance No. 105, series of 19S2.

b. City Ordinance No 250 (February 2 4 2000) An Ordinance Establish**

;

Effective System of Garbage Disposal and Ecological" Waste Management m

the City of Bacolod.

c. City Ordinance No. 258 (August 3, 2000) An Ordinance Establishing ami

Regulating a Zero Waste Zone in the City of Bacoiod and Providing Penatfies
for Violation Thereof

Section 11. Automatic incorporation Clause

Any ordinance touching on dumping and throwing of any rubbish and solid waste
that may not have been incorporated hereunto, or which may subsequently be enacted
shaij be automatically incorporated hereunto.

Section 12. Separability Clause

Any portion of this ordinance which may be declared unconstitutional or invalid by

court shall not affect or invalidate the oiher provision of this ordinance

Section 13. Repealing Clause

This ordinance shall be in support of and will not in any manner repeal, amend nor
modify any existing local ordinance in artfMittering in Bacolod City

Section 14, EfTectivfty

This ordinance shall take effect fifteen days (15) after its p u b f c a t o i m mm
newspaper of ideal circulation.
City Ordinance N o . 596
Julv 18, 2012
Page 9

C A R R I E D BY THE V O T E O F :
Affirmative:
Councilors E! Cid M. Familraran, H o m e r Q . B a i s , Archie S Baribar,
Roberto M. Roias, Cafafino T Afisbo, E m L. A n g , Drndo C
R a m o s , Elmer T S y , S o n y a M . Verdeflor, AS Victor A .
E s p i n o , Caesar 2 . Distrito, M o n a D i a G . Jardin, Keith
E m m a n u e l L. R a m o s .

Negative N one

Absent Councilor Carlos Jose V Lopez

Author Councilor Catalino T Alisbo.

Passed July 1 8 , 2 0 1 2 ( 1 0 7 Regular Session)

th

Comments. Passed

JUDE /THAOOEUS A. SAY

/ Vide r\r
>Presi X\m Officer

ATTESTED

HE! FN<HJ>EGASPl
B o a r d Secretary IV
O I C , Secretary to the S a n g g u n i a n

APPROVED: July . 2012. ' E V E I J O R, I EONARQ1A;

City Mayor^/^C^
HPL(/foz

LEGISLATIVE SERVICED SECT!Of\

A CERTIFIED PHOTOSTAT C O P Y