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PRESENT: Hon. Harris Glenn D.

Puyot, City Vice-Mayor/


Presiding Officer
Hon. Robert N. Cong, SP Member
Plenary Floor Leader
Hon. Salutario B. Cuasito, SP Member
Hon. Leo M. Jongko, SP Member
Hon. Lito B. Bulasa, SP Member
Hon. Lorito Q. Maragañas, SP Member
Hon. Phillip D. Ramirez, SP Member
Hon. Daniel O. Racaza SP Member
Hon. Cristiano L. Danila, SP Member
President, Liga ng mga Brgy. Federation

ABSENT: Hon. Nieva C. Famador, SP Member


(On Leave)
Hon. Alicia C. Funcion, SP Member
(O.B in Butuan City
Hon. Raykito M. Kittilstvedt, SP Member

CITY ORDINANCE NO. 2015-021


AN ORDINANCE PROVIDING FOR THE SAFETY OF
CHILDREN ABOARD MOTORCYLES AND PROVIDING
PENALTIES THEREOF

WHEREAS, it is the policy of the Government to defend the right of


children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development;

WHEREAS, toward this end, the City Government of Cabadbaran shall


pursue a more proactive and preventive approach to secure the safety of
passengers, especially children, by regulating the riding of motorcycles along roads
and highways within Cabadbaran City.

NOW THEREFORE

BE IT ORDAINED by the 3rd Sangguniang Panlungsod of Cabadbaran City,


Agusan del Norte, in its 97th Regular Session, that:

SECTION 1. SHORT TITLE. – This Ordinance shall be known as “Children’s


Safety on Motorcycles Ordinance of 2015”.

SECTION 2. DEFINITIONS. – For purposes of this Ordinance, the following


terms shall mean:

(a) Motorcycle refers to any two (2)-wheeled motor vehicle having one (1) or
two (2) riding saddles;
City Ord. No. 2015-021 - - /
page 2 - - - - - - - - - - - /

(b) Public roads refer to roads designed by the national government or local
government units as roads for public use such as, but not limited to, national highways,
provincial roads, city, municipal and barangay streets;

(c) Foot peg refers to a flat form attached to the motorcycles on which to stand
or brace the feet; and

(d) Rider refers to the driver of a motorcycle.

SECTION 3. PROHIBITION. – It shall be unlawful for any person to drive a


two (2)-wheeled motorcycle with a child a.) seated in front seat b.) unless

(1) The child passenger can comfortably reach his/her feet on the standard foot
peg of the motorcycle;

(2) The child’s arms can reach around and grasp the waist of the motorcycle
rider; and

(3) The child is wearing a standard protective helmet referred to under


Republic Act No. 10054, otherwise known the “Motorcycle Helmet Act of 2009.”

SECTION 4. EXCEPTION. – Notwithstanding the prohibition provided in the


preceding section, this Ordinance shall not apply to cases where the child to be
transported requires immediate medical attention

SECTION 5. PENALTIES. – Any person who operates a motorcycle in


violation of Section 3 of this Ordinance shall be fined with an amount of Two
Hundred Fifty Pesos (P250.00) for the first offense; Five Hundred Pesos
(P500.00) for the second offense; and One Thousand Pesos (P1,000.00) for
the third and succeeding offenses.

SECTION 6. APPREHENSION. - All traffic enforcers are authorized to


apprehend violators and will issue citation ticket for violation of the said prohibition.
Violators shall pay the corresponding fine to the City Treasurer’s Office. Failure to
pay within three (3) days from apprehension shall cause the filing of the case in
the proper court.
City Ord. No. 2015-021 - - /
page 3 - - - - - - - - - - - /

SECTION 7. The Land Transportation and Traffic Management Office


(LTTMO) is hereby mandated to conduct a one (1) month information drive of
the provision herein for the effective implementation of this Ordinance.

SECTION 8. SEPARABILITY CLAUSE. – If for any reason any section or


provision of this Ordinance is declared unconstitutional, other provisions hereof which
are not affected thereby shall continue to be in full force and effect.

SECTION 9. EFFECTIVITY. – This Ordinance shall take effect fifteen (15)


days after its publication.

ENACTED AND APPROVED: SEPTEMBER 23, 2015

Author : Hon. Robert N. Cong


Co-Authors : Hon. Alicia C. Funcion
Hon. Nieva C. Famador
Hon. Lorito Q. Maragañas
Movant : Hon. Robert N. Cong
Seconder : Hon. Nieva C. Famador

CERTIFIED CORRECT:

HARRIS GLENN D. PUYOT


City Vice Mayor/Presiding Officer

ROBERT N. CONG SALUTARIO B. CUASITO


SP Member/ SP Member
Plenary Floor Leader

LEO M. JONGKO LITO B. BULASA


SP Member SP Member

NIEVA C. FAMADOR LORITO Q. MARAGAÑAS


SP Member SP Member
(On Leave)
City Ord. No. 2015-021 - - /
page 4 - - - - - - - - - - - /

PHILLIP D. RAMIREZ ALICIA C. FUNCION


SP Member SP Member
(O.B in Butuan City)

DANIEL O. RACAZA RAYKITO M. KITTILSTVEDT


SP Member SP Member
(Absent)

CRISTIANO L. DANILA
SP Member/
President, Liga ng Brgy. Federation
\

ATTESTED:

NELIA T. ALBARAN
Secretary to the Sangguniang Panlungsod

Submitted to the Mayor:


Date: _____________

APPROVED:

DALE B. CORVERA
City Mayor

lmbcityord2015-021
97thRS

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