ORDINANCE REGARDING IMMOBILIZING ANY VEHICLE VIOLATING PARKING REGULATIONS

ORDINANCE NO. C-244

Series of 2016

AUTHORIZING THE CITY PNP TRAFFIC ENFORCER AND THE CITY OF TAGBILARAN TRAFFIC AIDE (CITTRA) TO IMMOBILIZE OR TOW-AWAY ANY MOTOR VEHICLE ILLEGALLY PARKED OR FOUND VIOLATING PARKING REGULATIONS, RESTRICTIONS AND PROHIBITIONS AS PROVIDED FOR UNDER ALL EXISTING TRAFFIC ORDINANCES OF TAGBILARAN CITY AND PROVIDING GUIDELINES AND PROCEDURES FOR ITS PROPER IMPLEMENTATION
(Sponsored by: Hon. Bebiano M. lnting, City Councilor)
WHEREAS, despite the restrictions and prohibitions of parking as provided for under City Ordinance No. C-189 s.2005, violations continued to be unabated because motorists simply ignore the citation tickets issued by our traffic enforcers/aides;
WHEREAS, our request with the Land Transportation Office to deputize our Traffic Enforcers and Traffic Aides are still pending in their Head Office;
WHEREAS, considering the increase of the number of motor vehicles annually, there is a need to give teeth to our Ordinance to instill discipline to our motorists and to ease congestions in our streets;
NOW THEREFORE, BE IT ORDAINED, As It Is Hereby Ordained by the members of the Sangguniang Panlungsod in a session duly assembled:
Section 1. The City PNP Traffic Enforcers and the City of Tagbilaran Traffic Aide (CITTRA) are hereby authorized to immobilize or tow-away motor vehicles illegally parked or found violating parking regulations, restrictions and prohibitions as provided for under all existing traffic Ordinances of the City of Tagbilaran.
Section 2. DEFINITION OF TERMS – For purposes of this ordinances the following terms shall have the corresponding meaning:

ILLEGAL PARKING – When a motor vehicle manned or unmanned stops completely on areas not designated for parking, double parking, parking on the wrong side of the road,parking more than one (1) meter from the side of the road towards the center or has not paid the corresponding parking fees on designated parking areas.
• CLAMPING – A Tire Lock devise or any improvised gadgets employed to render the vehicle immobile.
• TOWING – A process of transporting illegally parked vehicles to the impounding area.

Section 3. GUIDELINES and PROCEDURES – a.) Before a vehicle will be immobilized or towed, the Traffic Enforcer or Traffic Aide should first try to locate the owner or driver of the illegally parked vehicle and request that the vehicle be moved before immobilization or towing.

b.) IMMOBILIZATION AND TOWING OF MOTOR VEHICLES – Any motor vehicle illegally parked or found to be violating any provision of all existing traffic Ordinances of the city shall be immobilized by clamping any tire of the violating motor vehicle or may be towed to the City Impounding Area if greatly hampers the flow of traffic.
c.) INSTALLATION OF SIGNS – The City Traffic Management Office (CTMO) shall cause the installation of Parking Regulations, Restrictions and Prohibition signs visible enough for information to the general public and motorists.
d.) The City Traffic Management Office, the City PNP Traffic Enforcers or members of the City of Tagbilaran Traffic Aides shall not be responsible for any damaged caused by the immobilization and towing of vehicles.

Section 4. PENAL TIES – Vehicles immobilized or towed shall be meted the following penalties:

a) Owner or driver of the motor vehicle immobilized shall pay the corresponding fine as provided for under City Ordinance C-189 s.2005 plus an additional administrative penalty as follows:
• One Thousand Pesos (P1 ,000.00) for vehicles 6 wheels and above.
• Five Hundred Pesos (PS00.00) for four wheel vehicles.
• Two Hundred Pesos (P200.00) for tricycles and motorcycles.

The immobilized motor vehicle shall only be released after the payment of the fine and administrative penalty at the CTMO or to the designated payment centers.

b) Towed vehicles shall pay an administrative fine of One Thousand Eight Hundred Pesos (P1 ,800.00) for the first twenty four (24) hours and additional Five Hundred Pesos (PS00.00) per day or a fraction thereof after the first 24 hours,
c) Any person who tampers or tries to release or destroys the immobilization device shall be meted an additional penalty of Five Hundred Pesos (PS00.00) plus the cost of the immobilization device if found damaged as compromise penalty or pay not more than Five Thousand Pesos or imprisonment of thirty
(30) days or both at the discretion of the court,
d) Any person who interferes or harass the traffic aide or hinders the smooth implementation of this ordinance shall be meted a fine of not more than Five Thousand Pesos (PS,000.00) or Imprisonment of Thirty (30) days or both at the discretion of the court,

Section 5. REPEALING CLAUSE – Any provision of ordinances found to be inconsistent with the provisions of this ordinance are hereby repealed, amended or modified accordingly.
Section 6. SEPARABILITY CLAUSE – Should any provision of this ordinance be declared unconstitutional or illegal by any court of competent jurisdictionr those which are not so declared shall remain valid and enforceable.

Section 7. EFFECTIVITY – This Ordinance shall take effect immediately upon its approval.

 

ENACTED,  June 17, 2016.

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