PRESENT: Hon. Harris Glenn D.

Puyot, City Vice Mayor

Presiding Officer
Hon. Robert N. Cong, SP Member
Hon. Ernie M. Ceniza, SP Member/Plenary Floor Leader
Hon. Salutario B. Cuasito, SP Member
Hon. Lito B. Bulasa, SP Member
Hon. Nieva C. Famador, SP Member
Hon. Alicia C. Funcion, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
Hon. Ernesto G. Tapales, SP Member
Hon. Leo M. Jongko, SP Member
Hon. Phillip D. Ramirez, SP Member
Hon. Rufo O. Dagani, Jr., SP Member/Liga ng Barangay Pres.

ABSENT: Hon. Keziah Shaira B. Angel, SP Member/City SK Fed. Pres

CITY ORDINANCE NO. 2011-019

AN ORDINANCE PROHIBITING THE LITTERING/DUMPING/

THROWING OF GARBAGE, RUBBISH OR ANY KIND OF WASTE
IN OPEN PUBLIC OR PRIVATE PLACE, PROVIDING PENALTIES
FOR VIOLATION THEREOF AND FOR OTHER PURPOSES

WHEREAS, among the major problems in the City of Cabadbaran is the

indiscriminate dumping/throwing/littering of garbage, refuse, filth and other kinds of
solid waste in public places, canals, rivers, drainage and other waste outlets;

WHEREAS, a sanitary environment contributes positively to the general

health and well-being of the community;

WHEREAS, it is the responsibility of every person, whether resident or

transient, to protect the environment and to keep his surroundings clean, orderly and
wholesome;

WHEREAS, to eradicate such unsanitary practice, the Sangguniang

Panlungsod, through the sponsorship of Hon. Raykito M. Kittilstvedt, enacted
City Ordinance No. 2009-18, “An Ordinance prohibiting any person from
performing defile acts such as but not limited to improper disposal of garbage and
discharging of human and animal wastes within the City of Cabadbaran and
imposing penalties thereof”;

WHEREAS, there is a need to inform the citizenry of acts that are inimical to
the welfare of the environment, contribute to or cause unsanitary, disorderly and
unwholesome surroundings;
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WHEREAS, it has become imperative to improve compliance with and

strengthen enforcement of an existing ordinance, the Sangguniang Panlungsod
deems it necessary to enact a comprehensive anti-littering ordinance.

BE IT ORDAINED, by the 2nd Sangguniang Panlungsod, in its 45 h

Regular Session assembled, that:

SECTION 1. TITLE – This ordinance shall be known as the

COMPREHENSIVE ANTI-LITTERING ORDINANCE.

SECTION 2. STATEMENT OF POLICY – It is the policy of the City to create

and maintain a clean, healthy, livable and peaceful environment, in harmony with
nature beneficial to all residents of Cabadbaran.

SECTION 3. OBJECTIVES –
3.1 The primary objective of the City is to implement and enforce the
“Comprehensive Anti-Littering Ordinance and Imposing Penalties Thereof.”
3.2 The secondary objective is to create a Team, through the Office of the
City Mayor, in order to implement and enforce this Ordinance.
3.3 This Ordinance likewise aims to involve the entire citizenry of
Cabadbaran in the effort to maintain optimum sanitary and health conditions in all
areas and develop the City into a model of environmental-friendly, clean, sanitary
and orderly City in the region.
3.4 To accomplish these objectives, the City shall provide all required
resources for education, dissemination and sustained enforcement of this
Ordinance.
SECTION 4. SCOPE AND COVERAGE – This Ordinance shall apply in all
open places, covered places, residential and commercial establishments within the
City, whether public or private in character, such as but not limited to alleys, city
streets, street corners, walls, sidewalks, pathways, plazas, market places, abattoirs,
parks, malls, gyms, halls and buildings, banks, public squares, terminals, shopping
and business centers, schools, churches and hospitals.

SECTION 5. DEFINITION OF TERMS:

1. Solid Waste – is a refuse arising from human, animal and industrial

activities that is normally solid in nature and discarded or thrown away as useless
and/or unwanted. It is normally classified into degradable (biodegradable) and non-
degradable (recyclable/re-usable) and characterized into different types i.e. garbage,
rubbish, junk vehicles and appliances, industrial and special waste and generated
from residential, market, commercial (department stores, restaurant, hotels, etc.,),
streets sweeping, construction and demolition debris.
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2. Domestic Waste – is a food residue, food preparation waste and spoilage,

paper and other paper product, metal, plastic and rubber, rug and clothe, processed
residue, yard trimming and wood.

3. Junk vehicle and appliance – is an abandoned vehicle and metal

product such as refrigerator, air-conditioner, television, etc.

4. Industrial Waste – is an organic and inorganic residue, hazardous

material, hazardous and toxic chemical, metal and wood.

5. Special Waste – is usually bulky waste, sewage residue, street sweeping,

pollution control residue, pathological (hospital) waste, construction and demolition
debris.

6. Open public place – refers to road, street, sidewalk, easement, park and
other open space, bridge, alley, overpass, river, creek, canal, drainage, esteros,
waterway and other body of water and outlet.

7. Covered place – includes school, college, university, museum, clinic,

health center, dispensary, laboratory, government or private office,
auditorium/stadium/gymnasium/session hall, church, convention center,
theater/movie house/studio, bar, restaurant/cocktail lounge/canteen/kiosk, and other
enclosed public eating place, dance hall/disco house, day and night club, beer/pub
house, hotel, motel, department store, market/grocery, factory, and other covered
place where people stay or gather for political, social, education, religious, sports or
entertainment purposes.

8. Immediate surrounding – refers to the frontage, including up to the mid-

span of the road, street, alley or avenue (excluding highway and major thoroughfare)
from the edge of the street gutter, sidewalk of residential house, dwelling unit,
business/commercial establishment or office whether private or public.

9. River, canal, drainage and other water outlet – refer to all waterways
and water outlets within the jurisdictional boundaries of the City.

10. Street and Sidewalk obstruction – means any form of waste which is
immovable and bulky in nature because of its size and weight which may obstruct or
impede the free flow of traffic and pedestrian.

11. Alley – a narrow passageway or lane, especially one running between or

behind building.

12. Citation or Violation Ticket – an official document issued to

offender/violator, citing the offense done. This shall serve as reference or record of
offenses and habitualness.
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13. Child – boy or girl below 18 years of age.

14. Graffiti – drawings or words that are scratched, painted, or sprayed on

wall or other surface in public place usually sore to the eyes.

15. Habitual offender – a person who willfully violates the anti-littering

ordinance for more than three (3) times.

16. Litter – a piece of trash that has been carelessly left on the ground,
especially in public or outdoor.

17. Nasal discharge – body secretion ejected from the nose such as mucus.

18. Oral discharge – body fluid ejected from the mouth such as mucus,
phlegm and vomit.

19. Park – a publicly owned area of land, usually with grasses, trees, paths,
sports field, play grounds, picnic areas, and other features for recreation and
relaxation.

20. Vandalism – malicious and deliberate defacement or destruction of

private and government property.

21. Walkway – path especially built for walkers or constructed for

pedestrians.

SECTION 6. PROHIBITED ACTS:

A. LITTERING, ILLEGAL DUMPING, ILLEGAL DISPOSAL OF GARBAGE –

It is unlawful to dump, throw, dispose 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.

B. URINATING, DEFECATING, SPITTING IN A PUBLIC PLACE – Oral–

nasal discharging, urinating, defecating or spitting on any alley, street, sidewalk,
pathways, park, plaza or other public places and on the walls and corridors of
building is unlawful.

C. DIRTY FRONTAGE AND IMMEDIATE SURROUNDING AND IMPROPER

AND UNTIMELY STACKING OF GARBAGE OUTSIDE THE RESIDENCE OR
ESTABLISHMENT - The owner or resident, lessee or occupant of residential house
or dwelling unit as well as the owner, proprietor, operator or administrator of lodging
facility, apartment, commercial building and office, whether private or public in
character, institution, school and church are obliged everyday to sweep, clean and
maintain the cleanliness of their respective frontage and immediate surrounding,
including the sidewalk and street gutter fronting their premise.
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It is prohibited to bring out garbage on the property line of residential and

commercial establishment or any part of the road. Garbage, which must be stored in
properly tied jute bag, must be brought outside only upon arrival of the garbage
hauling trucks in their respective localities.

D. OBSTRUCTION ALONG SIDEWALK – It is prohibited to any person to

place, store, or dump construction waste or debris, junked or under repair vehicle,
dilapidated appliance and other immovable object including display of merchandise
and illegal structure along the road, street or avenue or in any sidewalk which may
obstruct or impede the vehicular and pedestrian traffic.

E. FAILURE TO PROVIDE TRASH CAN OR RECEPTACLE AND TO

MAINTAIN CLEANLINESS OF PUBLIC UTILITY VEHICLE - It is unlawful for the
owners, operators, drivers and conductors of public utility vehicles, trucks, tankers,
delivery vans, and other commercial and transportation facilities plying within the
City of Cabadbaran to spill, scatter or litter any kind of form of waste as defined
above or any of their loads on any part of the road, street or avenue on their way to
their destination. The owners, operators, drivers and conductors thereof are obliged
to maintain the cleanliness of their respective vehicles at all times by providing a
modest trash receptacles inside their vehicles.

F. ILLEGAL POSTING OR ILLEGAL INSTALLATION OF SIGNAGE,

BILLBOARD, POSTER, STREAMER AND MOVIE ADS, ETC. – Any person, private
and public corporation, advertising and promotion company, movie producer,
professional and service contractor is prohibited from illegally posting, installing and
displaying any kind or form of billboard, sign, poster, streamer, professional service
advertisement and other visual clutter in any part of the road, sidewalk, center
island, post, tree, park and open space.

Failure to remove billboard, sign, poster, streamer, professional service

advertisement and other visual clutter shall be subject to penalty.

G. DISCHARGING OF ANIMAL WASTE – No owner of any animal shall

allow to discharge of animal waste on any alley, street, sidewalk, plaza or park.
Likewise, no owner of any animal-drawn vehicle shall be allowed to use any alley,
street, sidewalk, plaza or park unless the owner has provided the animal-drawn
vehicle used thereby with a proper receptacle properly attached and adequate for
the collection and keeping of the animal manure or refuse.

H. UNNECESSARY GRAFFITI – It is unlawful for any person to paint or draw

on any fence, post or wall of private or public buildings and/or structures as well as
on vehicles of all kinds except when authorized by the owner thereof.

SECTION 7. REQUIREMENT OF TRASH CAN FOR EVERY HOUSEHOLD,

PUBLIC UTILITY VEHICLE AND BUSINESS ESTABLISHMENT – Part and parcel
of the implementation of this Ordinance is the individual help and cooperation by
putting or placing trash cans or garbage bins at designated places outside every
household, public utility vehicles and business establishments. Required sizes and
color will be specified by the City Engineering Department.
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SECTION 8. CITATION OR VIOLATION TICKETS -

8.1 The Citation or Violation Tickets in original and triplicate copies shall
contain the following:
- Number and section of the ordinance violated
- Violator’s name, age and address
- Date of apprehension
- Penalty to be paid within the prescribed period of time
- Signature of offender
- Signature of apprehending officer

8.2 The Violation or Citation Ticket shall serve as the basis in the report of
fees. Likewise, it will serve as evidence and reference in the prosecution of the
violation case of habitual offender when it is brought to court.
8.3 Citation or Violation Ticket shall be issued only to deputized
apprehending officer by the City Treasurer and only upon remittance/liquidation of
the consumed booklets.

SECTION 9. PENALTIES:

9.1 The penalties for violating the provisions of this Ordinance, according to
the nature of offenses, are as follows:

Code Nature of Offense Option 1 Option 2 (Render

(Payment of Community
Fines) Service)
A Littering, Illegal dumping, P 500.00 8 hours
Illegal Disposal of Garbage
B Urinating, Defecating, Spitting P 500.00 8 hours
in a Public Place
C Dirty Frontage and Immediate P 500.00 8 hours
Surroundings and Improper
and Untimely Stacking of
Garbage Outside the
Residence or Establishment
D Obstruction along Sidewalks P 1,000.00 16 hours
E Failure to Provide Trash can P 500.00 8 hours
or Receptacle and to Maintain
Cleanliness of PUVs
F Illegal Posting or Illegal P 1,000.00 16 hours
installation of Signage,
Billboards, Posters,
Streamers, Movie Ads, Etc.
G Discharging of Animal Waste P 500.00 8 hours
J Unnecessary Graffiti P 500.00 8 hours
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9.2 Upon apprehension, a violator will be given an option to either pay the
fine or to render community service. For payment of fines or rendering of community
service, the following procedures shall be observed:

Option 1 (Payment of Fine)

1. The apprehending officer shall issue the original copy of the Citation or
Violation Ticket to the violator, signed by both of them, and shall tell the
violator the detail/s of his/her violation, and the proper payment process.
2. The violator is required to pay the penalty at the City Treasurer’s Office
within the prescribed period of time. Period of payment shall not be more
than five (5) days from the date of apprehension.
3. Upon presentation, surrender and payment of the Citation or Violation
Ticket, any authorized Treasurer personnel will sign it and will issue an
Original Receipt from the City Government indicating that the fine is
paid. The Original Receipt shall serve as a clearance.
The City Treasurer’s Office will collect and keep a separate folder/file for
the Citation or Violation Tickets and will forward it weekly to the Assistant
Team Leader of the HEPOS Team for the proper documentation and
recording of violators caught.

Option 2 (Community Service)

1. The apprehending officer shall issue the original copy of the Citation or
Violation Ticket to the violator, signed by both of them, and shall tell the
violator the detail/s of his/her violation.
2. The violator is required to report to the City Engineer’s Office within a
prescribed period which shall not be more than three (3) days from the
date of apprehension. Upon its report to the City Engineer’s Office, the
violator will present and surrender the original copy of the Citation or
Violation Ticket stating therein that he/she opted to render
community service.
3. Upon completion of the community service, a Certificate of Compliance
shall be issued by the City Engineer. The Certificate of Compliance shall
serve as a clearance.
The City Engineer’s Office will collect and keep a separate folder/file for
the Citation or Violation Tickets and duplicate copies of Certificate of
Compliance and will forward it weekly to the Assistant Team Leader of
the HEPOS Team for the proper documentation and recording of
violators caught.

9.3 For violations of graffiti (Section 6-J), the offender is required to pay
the prescribed penalty and clean up the area where the graffiti is found.
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9.4 For a violator who fails to pay the fine or renders community service
after the lapse of the prescribed period, his/her case will be forwarded to the City
Legal Officer for any legal action.

9.5 The City Legal Officer shall also be responsible in filing the habitual
offender’s case with the court.

9.6 If a violator is a child, he/she will be reported to his/her parents or

school principal to be advised.

SECTION 10. REMOVAL OR TOWING OF LARGE/BULKY

OBSTRUCTIONS ALONG SIDEWALKS –

10.1 For illegally dumping of bulky wastes, construction wastes or debris,

junked or under repair vehicles, dilapidated appliances and other objects including
display of merchandise and illegal structures along the road, street or avenue or in
any sidewalk which may obstruct or impede the vehicular and pedestrian traffic, the
violator shall be responsible in the removal or towing of it in addition to the penalty
provided in Section 9 hereof.

10.2 If the violator requests the services of the City Government to remove
or tow any of the above-mentioned large/bulky obstructions using dump truck or
compactor, he shall be required to pay a Rental Fee subject to the prescribed rates
in City Ordinance No. 2010-019, “An Ordinance Prescribing Rental Fee of City
Owned Heavy Equipment”, in addition to the penalty provided in Section 9 hereof.

SECTION 11. IMPLEMENTING TEAM

A team shall be created by the Mayor. It will be called HEPOS (H-eadquarters

for E-nvironmental P-rotection, O-rderliness and S-anitation)

11.1 Composition of HEPOS Team:

Team Leader - Designated by the Mayor
Assistant Team Leader - Designated by the Mayor
All Punong Barangays
Barangay Tanod/CVO - Designated by the Punong Barangay
and deputized by the City Mayor
All Traffic Enforcers - Deputized by the City Mayor
PNP Officers - Designated by the Chief of Police
Market Supervisor and Transportation Regulation Officer
City Legal Officer
Religious Sectors (volunteer)- Deputized by the City Mayor
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11.2 The HEPOS Team shall conduct quarterly meeting to monitor the
proper implementation of this Ordinance.

11.3 Each member of this Team shall be given an Identification (ID) Card.

11.4 The deputized and/or designated apprehending officers shall undergo

seminars and trainings on the proper implementation of this Ordinance.

SECTION 12. FUNCTIONS OF THE HEPOS Team –

12.1 Team Leader – Shall exercise and oversee the administration,

supervision and coordination of all personnel mentioned in Section 12 of this
Ordinance.

12.2 Assistant Team Leader – Shall be responsible for the strict

implementation of the rules related to the imposition of the penalties on violators of
this Ordinance. He/she shall also attend to the recording or documentation of project
accomplishment of the entire program and shall prepare and submit detailed weekly
report to be submitted to the Team Leader and to the City Legal Officer.

12.3 Punong Barangay – Shall be responsible in designating Barangay

Tanods/CVOs for the strict implementation of the said Ordinance in its respective
barangays. He will likewise be responsible in initiating programs or projects relative
to the cleanliness and beautification of its barangay. Finally, he will conduct regular
continuing information and educational campaign on anti-littering to its constituents.

12.4 Barangay Tanod or CVO – Barangay Tanod from each barangay will
be designated by the Punong Barangay and deputized by the City Mayor after
undergoing seminar and training in the proper apprehension of violators and
issuance of Citation or Violation Tickets.

12.5 Traffic Enforcers – are appointed to apprehend violators and issue

Citation or Violation Tickets especially those who litter the area where they officiate
as traffic enforcer.

12.6 PNP Officers – are designated by the PNP Chief to accept said specific
task. He may be fielded to a definite sectoral territory for the purpose of
apprehending violators.

12.7 City Legal Officer – Shall receive all formal reports of violation as
apprehended especially those considered for filing at the Court.
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12.8 Market Supervisor and Transportation Regulation Officer – are

deputized to apprehend and issue Citation or Violation Tickets to offenders at the
market and terminal areas respectively.

12.9 Religious Sector (volunteers) – are deputized to apprehend and issue

citation or violation tickets to offenders.

SECTION 13. DISPOSITION OF FINES –

The fines collected in violation of this Ordinance shall accrue in favor of the
following:

13.1 For the Punong Barangay or Barangay Tanod/CVO:

1/3 of the penalty goes to the LGU (i.e. P 166.67)
1/3 of the penalty goes to the Barangay (i.e. P 166.67)
1/3 of the penalty goes to the apprehending Punong Barangay
or Barangay Tanod (i.e. P 166.67)

The share of the Barangay shall be expended for beautification and

cleanliness projects.

13.2 For the Traffic Enforcers:

½ of the penalty goes to the LGU (i.e. P 250.00)
½ of the penalty goes to the apprehending Traffic Enforcer
(i.e. P 250.00)

13.3 For the religious sector volunteers - all fines collected shall be
remitted to the City Treasurer’s Office.

SECTION 14. A MOA for all parties involved/concerned shall be stipulated for
this purpose.

SECTION 15. DISPOSITION OF SHARE – The share for the deputized

apprehending officers will be claimed at the City Treasurer’s Office every end of the
month upon presentation of the duplicate copy of the Citation or Violation Ticket.

SECTION 16. INFORMATION AND EDUCATION CAMPAIGN –

16.1 There shall be an Information and Education Campaign (IEC) Team

to be composed of the following:

Chair - SP Chair of Committee on Environment

Co-chair - SP Chair of Committee on Tourism
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Members:
- SP Chair of Committee on Social Welfare
- SP Chair of Committee on Health
- SP Chair of Committee on Education
- Liga ng mga Barangay President
- City Engineer or his representative
- One (1) representative from the PNP Cabadbaran
- Two (2) representatives from the Academe (one from
the public and one from the private)
- One (1) representative from the Women Organization
- One (1) representative from the Religious Organization
- One (1) representative from the Civic Organization
- Business Club President
- President of the Market Vendors

16.2 The IEC Team shall be responsible in conducting regular continuing

information and educational campaign on anti-littering at the school level, barangay
level and to the general public. The Team shall likewise formulate plans on how to
effectively disseminate pervasive information campaign on the implementation of
this Ordinance.

16.3 Continuing Information Education Campaign –

At the Barangay level, the Barangay Council shall initiate regular Anti-Littering
Campaign during Barangay Assembly Meetings.

At the school level, the principals, head teachers, and teachers shall be
responsible in educating the students on the said Ordinance.

The religious sector, civic-organizations and other institutions will conduct

Anti-Littering Campaign with its respective members.

16.4 Display of Billboards – The IEC Team shall see to it that Billboards
providing information on the said Ordinance shall be posted at strategic places for
the awareness of the general public.

16.5 Bandillo / Recorida - As often as possible, bandillo or recorida will be

made for the continuing awareness of the public within the jurisdiction of the City of
Cabadbaran.

SECTION 17. APPROPRIATION – For the effective implementation of this

Ordinance, a budget of at least Two Hundred Thousand Pesos (P 200,000.00) shall
be appropriated annually from the General Fund for the crafting and posting of
sign boards, conduct of seminars and other necessary effects. Subsequent
appropriation may be increased or augmented as necessary, subject to an
appropriation ordinance.
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SECTION 18. SUPPLETORY CLAUSE – In case of insufficiency of this

ordinance, all laws, circulars, rules and regulations of general application shall be
suppletory in character to this ordinance.

SECTION 19. SEPARABILITY CLAUSE – Should any of the provision of this

ordinance be declared invalid or unconstitutional, the remaining provisions shall be
in full force and effect.

SECTION 20. REPEALING CLAUSE – That City Ordinance No. 2009-18 is

hereby repealed accordingly.

SECTION 21. EFFECTIVITY – This Ordinance shall take effect 3 months

after its approval and compliance of posting requirements.

ENACTED AND APPROVED: JUNE 29, 2011

Author : HON. ALICIA C. FUNCION

Co-authors : HON. RAYKITO M. KITTILSTVEDT
HON. NIEVA C. FAMADOR
HON. ROBERT N. CONG
Movant : HON. RAYKITO M. KITTILSTVEDT
Seconder : HON. NIEVA C. FAMADOR

CERTIFIED CORRECT:

HARRIS GLENN D. PUYOT

City Vice Mayor
Presiding Officer

ROBERT N. CONG ERNIE M. CENIZA

SP Member SP Member/ Plenary Floor Leader
(Absent)

SALUTARIO B. CUASITO LITO B. BULASA

SP Member SP Member
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NIEVA C. FAMADOR ALICIA C. FUNCION

SP Member SP Member

RAYKITO M. KITTILSTVEDT ERNESTO G. TAPALES

SP Member SP Member

LEO M. JONGKO PHILLIP D. RAMIREZ

SP Member SP Member

RUFO O. DAGANI, JR. KEZIAH SHAIRA B. ANGEL

SP Member/Liga ng Barangay Pres SP Member/City SK
Fed. Pres.
Absent)

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod

Submitted to the Mayor:

Date: _____________

DALE B. CORVERA
City Mayor
lmb45th
ctord.2011-019