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EXCERPTS FROM THE MINUTES OF THE 60th REGULAR SESSION OF THE SANGGUNIANG BAYAN (for the period 2010-2013)

OF THE MUNICIPALITY OF BALETE, AKLAN HELD ON THURSDAY, SEPTEMBER 8, 2011 AT THE SANGGUNIANG BAYAN SESSION HALL. Present: HON. ROMAN R. VILLARUEL Vice Mayor /Presiding HON. SYLVIA V. YASA SB Member HON. INOCENTES F. BANTIGUE, JR. SB Member HON. CRISPINO P. BELTRAN, JR. SB Member HON. APOLINAR C. CLEOPE SB Member HON. PATRICK F. LACHICA SB Member HON. CIRIACO T. FELICIANO SB Member HON. PETER C. RECIDORO SB Member HON. JOSELITO C. DELOS REYES SB Member Absent: HON. ROBERTO A. CUARE HON. JHON MEL KESTER M. REBENITO

SB Member/Liga ng mga Brgy. President (On Official Business) SB Member/SK Municipal Federation President

ORDINANCE NO. 012-2011

AN ORDINANCE TO COMPILE ALL THE TRAFFIC ORDINANCES OF THE MUNICIPALITY OF BALETE, AKLAN

BE it ordained by the Sangguniang Bayan that:

SECTION 1. Title- This ordinance shall be known and cited as the THE OMNIBUS TRAFFIC ORDINANCE OF 2011 OF THE MUNICIPALITY OF BALETE, AKLAN.'

SECTION 2. Coverage- This ordinance shall cover all types of motor vehicles and pedicabs operating and/or passing within the territorial jurisdiction of this municipality.

SECTION 3. Definition of Terms As used in this ordinance a. Emergency Parking or Parked shall mean that a motor vehicle is brought to a stop for a period of time on the shoulder or proper edge of a highway due to unforeseen circumstances that require the driver/motorist to perform immediate and urgent troubleshooting. b. Highways shall mean any and every public thoroughfare, but shall not include roadway upon grounds owned by private persons, churches, or other similar institutions; c. Lane Splitting shall mean using or sharing a lane already occupied by one vehicle by another vehicle such as a motorcycle or scooter in a road or highway d. Market Day shall refer to Saturday morning from 5:30 a.m. to 12:00 noon;
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e. Parking or Parked shall mean that a motor vehicle is parked parking if it has been brought to a stop on the shoulder or proper edge of a highway, and remains inactive in that place or close thereto for an appreciable period of time (10 minutes to six hours). A motor vehicle which properly stops merely to discharge a passenger or to take in a waiting passenger, or to load or unload a small quantity of freight with reasonable dispatch shall not be considered as parked, if the vehicle again moves away without delay. f. Pedicab shall mean any three-wheeled passenger vehicle, which the driver propels by pedaling and usually with the cab attached to the main cycle at the right side. g. Prolonged Parking shall be taken as the parking of the same vehicle in the same place or close thereto for a period of more than six hours; h. Special Days shall refer to those days set aside for specials occasions such as Town fiesta, Sports festivals, civic parades, religious processions, and other similar activities that draw the crowd i. Vehicles shall include all types of motor vehicles either two-wheeled or otherwise propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, streetsweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. SECTION 4. Rules and Regulations- There is hereby imposed the following TRAFFIC RULES AND REGULATIONS: 4.1. General Provisions a. Municipal Streets a.1. Through Streets The stretches of Bernardo J. Rodriguez Street and that of Miguel F. Calizo Street shall be regarded as through streets while the entire Teodoro F. Calizo Avenue shall be the through highway in the Poblacion area. a.2. One Way Streets (On Market and declared Special Days) a.2.1. One way route to public market include the entire Jose F. Cortes to Miguel F. Calizo Street, turn left to Jose O. Barrios Street and exit to T.F. Calizo Ave. a.2.2. The stretch of B.J. Rodriguez St. between J.F. Cortes St. and J.O. Barrios St. is a one way street with its entry at J.F. Cortes St. a.3. No Entry a.3.1. Vehicles coming from T.F. Calizo Ave. shall not enter Jose O. Barrios St. during market days and special days a.3.2. Vehicles coming from J.O. Barrios St. shall not enter B.J. Rodriguez St. during market and special days a.4. No Left/Right Turn a.4.1. Vehicles coming from B.J. Rodriguez St. shall not turn right to J.O. Barrios St. during market and special days a.4.2. Vehicles coming from M.F. Calizo St. and B.J. Rodriguez St. shall not turn left to J.F. Cortes St. during market and special days a.4.3. Vehicles coming from Veterans St. shall not turn left to M.F. Calizo St. during market and special days a.5. Total Truck Ban a.5.1. Delivery Trucks/Vans are prohibited from entering the route J.F. Cortes St to M.F. Calizo to J.O. Barrios St. on Saturdays and special market days the entire morning thereof. a.5.2. 8-tonner Trucks/Vehicles and up are prohibited from entering all Barangay Roads and Municipal Streets within the area of jurisdiction of the Balete.
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b. Zones for the purpose of systematically implementing this ordinance and without prejudice to the Zoning Ordinance of Balete, the following areas are hereby declared as follows b.1. School Zones all public roads/streets in Balete passing through schools and daycare centers b.2. Other Institutional Zones all public roads/streets in Balete passing through the Town Hall, PNP Station, Post Office, RHU, DAR, Barangay Halls, MPPs, Civic Center, BFP Office, Municipal Library, Youth Center, Cemetery and similar institutions b.3. Commercial/Market Zones the entire stretch of J.O. Barrios St. and all other streets/roads passing through public markets and talipapas c. Areas c.1. Parking Areas the designated parking areas for all types of vehicles are as follows: c.1.1. For Public Utility Vehicles (Jeepneys) plying the route Kalibo-Balete and vice versa the vacant area located north-west of the Municipal Cemetery, Barangay Cortes c.1.2. For Garage to Terminal Vehicles (L300 Vans) plying the route Kalibo-Balete and vice versa the vacant lot located besides the Payag Restaurant, fronting the Town Plaza (Rizal Park) c.1.3. For Tricycles for Hire (on ordinary days) (a) Aranas Poblacion Route, queue at B.J. Rodriguez St. with the first in line stationed at J.O. Barrios St. five meters from the street corner at T.F. Calizo Ave. (b) Aranas Centro Anao/Sumaeagi Routes, queue at the road shoulder, Anao FMR corner National Road (c) Arcangel Poblacion Route, queue at the road shoulder of Balete-Libacao Provincial Road with the first in line stationed beside the road shoulder of the National Road approaching the Balete Bridge (d) Bang-bang Arcangel Norte Route, queue at the road shoulder of Arcangel Norte Barangay Road corner National Road (e) Calizo Poblacion Route, queue at the road shoulder of Calizo Barangay Road corner National Road (f) Cortes-Poblacion Route, queue at the road shoulder of Cortes-GuankoOquendo Barangay Road corner National Road (g) Feliciano Fulgencio Sur Route, queue at the road shoulder of Fulgencio Barangay Road corner National Road (h) Highway-Fulgencio Norte Route, queue at the road shoulder of the Fulgencio-Camaligan Provincial Road corner National Road (i) Morales Poblacion Route, queue at the road shoulder of Balete-Libacao Provincial Road with the first in line stationed beside the road shoulder of the National Road approaching the Balete Bridge c.1.4. Parking Set up during Market and Special Days (a) For Tricycles for Hire a pre-designated area for TC service covering all routes shall be marked along J.O. Barrios St. facing the Balete Public Market (b) For Private Vehicles (those owned by Bolante/Vendors) a lane of the B.J. Rodriguez and M.F. Calizo Sts. from J.F. Cortes to Antonio F. Cortes Sts. shall be allocated for as the parking area thereof (c) For Private Vehicles (those owned by Consumers and persons other than the vendors/bolante) a lane of the B.J. Rodriguez and M.F. Calizo Sts. From J.F. Cortes to J.O. Barrios Sts. shall be allocated for as the parking area thereof (d) For Delivery Vehicles other than Delivery Vans a lane of the M.F. Calizo St. from J.F. Cortes to Saint Rafael Sts.

Omnibus Traffic Ordinance of 2011 of Balete, Aklan

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c.1.5. Exclusivity of Parking Areas - No driver shall park a vehicle in the respective designated parking areas other than those types identified per Sec. 4.1.c.1. hereof. c.1.6. Emergency Parking on Road Shoulders Any driver who for emergency reasons shall park a vehicle on municipal streets and road shoulders may be tolerated for the first eight hours, otherwise, he/she shall be charged with a fine at a rate of Php. 20.00 per hour. c.2. No Parking/Loading/Unloading Areas c.2.1. No driver shall park a vehicle, or permit it to stand, whether attended or unattended, upon a highway in any of the following areas: (a) Within an intersection (b) On a crosswalk (c) Within six meters of the intersection of curb lines (d) Within four meters of the driveway entrance to a fire station (e) Within four meters of fire hydrant (f) In front of a private driveway (g) On the roadway side of any vehicle stopped or parked at the curb or edge of the highway (h) At any place where official signs have been erected prohibiting parking, loading or unloading. c.2.2. Prolonged parking along the municipal streets and their shoulders is strictly prohibited. 4.2. Restrictions on Speed Limit The uniform speed limit for nationwide application as provided under Sec. 35, Article I, Chapter IV of R.A. No. 4136 is hereby incorporated as part of this ordinance, viz.: Section 35. Restriction as to speed. (a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater not less than is reasonable and proper , having due regard for the traffic, the width of the highway, and or any other condition then there existing, and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and property of any person, not at a speed greater than to permit him to bring the vehicle to a stop within the assured clear distance ahead. (b) subject to the provisions of the preceding paragraph , the rate of speed of any motor vehicle shall not exceed the following: MAXIMUM ALLOWABLE Passengers SPEEDS Cars and Motorcycles 1. On open country roads, 80 km. per hour with no blind corner not closely bordered by habitations 2. On through streets or 40 km. per hour boulevards, clear of traffic, with no blind corners, when so designated 3. On city and municipal 30 km. per hour streets, with light traffic when not designated through streets
Omnibus Traffic Ordinance of 2011 of Balete, Aklan

Motor trucks and buses 50 km. per hour

30 km. per hour

30 km. per hour

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4. Through crowded 20 km. per hour streets approaching intersections at blind corners, passing school zones, passing other vehicles which are stationery, or far similar dangerous circumstances

20 km. per hour

(c) The rates of speed hereinabove prescribed shall not apply to the following: (1) A physician or his driver when the former responds to emergency calls; (2) The driver of a hospital ambulance on the way to and from the place of accident or other emergency; (3) Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any other similar place; (4) The driver of a motor vehicle belonging to the Armed Forces while in use for official purposes in times of riots, insurrection or invasion; (5) The driver of a vehicle, when he or his passengers are in pursuit of a criminal; (6) A law-enforcement officer who is trying to overtake a violator of traffic laws; and (7) The driver officially operating a motor vehicle of any fire department, provided that exemption shall not be construed to allow unless or unnecessary fast driving of drivers aforementioned. 4.3. Other Prohibited Acts The following acts shall be considered prohibited and punishable with specified fines, viz.: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. Driving without valid license Disregarding traffic signs Refusal to convey passengers and overcharging Conveying passengers over the rated capacity of the vehicle Conveying passengers by tricycles and motorcycles without the required franchises and/or registration stickers Plying out of line TCH unit drivers driving without wearing their proper uniform Speeding and overtaking within the designated school zones Driving a vehicle while under the influence of liquor or drugs Disregarding, obstructing, following or racing with emergency vehicles using sirens Weaving in and out of traffic lanes and lane splitting Cutting and stopping suddenly Tailgating (driving too close behind other vehicles) Overtaking and passing at intersections, or curves, hills or bridges Overtaking and passing a long line of curves on a two-way street Overtaking and passing on the right shoulder of the road Driving on the wrong side of the street and against the flow of traffic, especially in one way street Driving at night without using driving lights Cutting to soon after passing Double-parking Loading and unloading in the middle of the road Allowing passengers to ride on running boards, step boards, mudguards and top loads
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Omnibus Traffic Ordinance of 2011 of Balete, Aklan

w. Driving motorcycle without protective helmet x. Using cellular phones or other gadgets while driving y. Using of horn or signaling device and car stereo emitting an exceptionally loud, startling, or disagreeable sound z. Using by any other than those authorized emergency vehicles of bells, sirens, or exhaust whistle aa. Driving in attire offensive to public morals bb. Driving vehicles without muffler 4.4. Other Regulated Acts a. Operation of Tricycle for Hire a.1. Only Filipino citizens or corporations with sixty percent (60%) Filipino equity are qualified to be operators of tricyclesfor-hire and pedicabs-for-hire. a.2. No tricycle-for-hire or pedicab-for-hire, either for passenger or for cargo or both, shall be operated in this municipality without a Motorized Tricycle Operators Permit (MTOP) or Pedicab Operators Permit (POP) from the Sangguniang Bayan and a corresponding permit from the Office of the Mayor under the Municipal Revenue Code. a.3. Application forms shall be secured from and filed with the Office of the Secretary to the Sangguniang Bayan together with the required supporting documents. a.4. MTOP shall be granted on the condition that the applicant shall cause the registration of his unit/s as Tricycle/s-for-Hire with the Land Transportation Office (LTO) within 30 days upon the granting thereon and furnish thereafter the Office of the Secretary to the Sanggunian with a photocopy of the registration papers together with the other pertinent documents which may be required of him/her. a.5. Operators shall only employ drivers who are duly licensed by the LTO for tricyclesfor-hire. a.6. An application for a Motorized Tricycle Operators Permit (MTOP) may be filed any time of the year using the appropriate franchising forms and submitted together with the other documents listed hereunder: a.6.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed of Conditional Sale or Registration Papers); a.6.2. Community Tax Certificate; a.6.3. Proposed route/s with corresponding rates; a.6.4. Valid registration papers from the LTO for the units to be used; a.6.5. A duly certified photocopy of a common carriers insurance certificate sufficient to answer for any liability to passengers and third parties in case of accidents; a.6.6. A picture of the applicant beside his/her tricycle for easy determination of its usage; a.6.7. Road worthiness certification from the Balete PNP station; and a.6.8. Affidavit of the applicant stating that his/her tricycle will be driven only by a person with a Professional Drivers License. a.7. No tricycle-for-hire shall be operated without a silencer attached to its exhaust system. b. Operation of Pedicab for Hire b.1. An application for a Pedicab Operators Permit *POP+ may be filed any time of the year using the appropriate franchising forms and submitted together with the other documents listed hereunder: b.1.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed of Conditional Sale or Affidavit of Ownership)
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b.1.2. Community Tax Certificate b.1.3. Proposed route/s with corresponding rates b.1.4. A picture of the applicant beside his/her pedicab for easy determination of its usage; b.1.5. Road worthiness certification from the Balete PNP Station; and b.1.6. Affidavit of the applicant stating that his/her pedicab/s will be driven only by persons not less than eighteen (18) years old. b.2. No person shall drive a pedicab-for-hire in this municipality unless he/she is at least eighteen (18) years old. b.3. Pedicab-for-hire units shall be equipped with the following safety devices: b.3.1. Warning Devices. Pedicab operators should install bicycle horns, ringers or equivalent warning devices in their respective units. b.3.2. Reflectorized stickers shall be installed at the front and back portions of pedicab units to enhance nighttime visibility. Battery-operated electronic flashers may also be installed on pedicabs as additional nighttime safety devices. c. Administrative Provisions on Tricycles and Pedicab Operations c.1. MTOP and POP applications endorsed by the Board to the Sangguniang Bayan may be reported out and sponsored by the Committee on Transportation during any regular session or a special session called for this purpose. c.2. A Motorized Tricycle Operators Permit (MTOP) or a Pedicab Operators Permit (POP) shall be valid for a period of three (3) years. c.3. An operator wishing to stop service completely, or to suspend service for more than one month, should report in writing such suspension or termination to the Board. c.4. A Motorized Tricycle Operators Permit (MTOP) or a Pedicab Operators Permit (POP) is non-transferable whenever there is change of ownership. Such change of ownership shall be construed as an amendment thereto and any amendment shall require appropriate approval from the Sangguniang Bayan upon the recommendation of the Board. c.5. If the new owner opts to apply for a new franchise, the units previous franchise shall be deemed automatically cancelled upon the issuance of a new franchise. c.6. The Balete Franchising and Regulatory Board, in coordination with the PNP, shall conduct seminars on road safety and traffic rules and regulations for pedicab and tricycle drivers at least once every six months. After each seminar, the Board may issue identification cards to participating pedicab drivers, the cost of which shall be borne by the concerned individuals. c.7. Operators and drivers of all tricycle-for-hire and pedicab-for-hire are required to install at least two (2) garbage receptacles in their vehicles one (1) for biodegradable and one (1) for non-biodegradable solid waste. The color scheme and usage designation of the said receptacles shall be in accordance with the guidelines set forth by the Solid Waste Management Board of this municipality. c.8. Tricycles and pedicabs intended for private or personal use should be registered with the Office of the Mayor and should display conspicuously a NOT-FOR-HIRE or PRIVATE sign at the front and back portions of their sidecars. SECTION 5. General Administrative Provisions. a. All fines shall be paid to the Municipal Treasurer within 24 hours upon being cited for violation thereof.
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b. The Municipal Treasurer shall devise a system of collection of fines to enable the apprehending officers to receive incentives thereof representing 10% of the days collection. c. The remaining 90% thereof shall be credited as income of the Local Government Unit per accounting and auditing rules and procedures. SECTION 6. Ordinance Officers. The Balete Station PNP personnel and/or the authorized Municipal Auxiliary Police of the Balete shall be designated as ordinance officers to see to it that this ordinance is properly imposed. SECTION 7. Penalty Clause. Any violators caught thereof shall be penalized with the following corresponding fines: a. For violation of any prohibited acts as prescribed in Sec. 4.3, violators shall be cited with a ticket of Php. 100.00 for the first offense; Php. 200.00 for the second offense; and Php. 500.00 for every offense committed thereafter b. For violation of any regulated acts as prescribed in Sections. 4.1, 4.2. and 4.4. hereof the violators shall be fine of no less than One Hundred Pesos (P100.00) but not more that Two Thousand Five Hundred Pesos (P2,500.00) or the imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment at the discretion of the court. SECTION 8. Repealing Clause All ordinance found to be inconsistent with this Ordinance are hereby repealed or modified accordingly. SECTION 9. Effectivity This ordinance shall take effect immediately after its posting in three (3) prominent places within the municipality and the publication of its gist in newspaper of Provincial circulation. Enacted: September 8, 2011. Voting on the foregoing is as follows: AYES: Hons. Sylvia V. Yasa, Inocentes F. Bantigue, Cripino P. Beltran, Jr., Apolinar C. Cleope, Patrick F. Lachica, Ciriaco T. Feliciano, Peter C. Recidoro, Joselito C. Delos Reyes, Roberto A. Cuare. NAYS: None ABSTAINED: None I HEREBY CERTIFY to the correctness of the foregoing ordinance.

AL F. DE LA CRUZ Secretary to the Sanggunian

ATTESTED: ROMAN R. VILLARUEL SB Member/Presiding APPROVED BY: TEODORO V. CALIZO, JR. Municipal Mayor Date of Approval: ________________

Omnibus Traffic Ordinance of 2011 of Balete, Aklan

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