ORDINANCE ADOPTING THE 2015 TRAFFIC MANAGEMENT CODE OF MARIKINA CITY

gS:S',ti R. GSO E'.il")il[.,I o8() ogg r s- $rpublila ng Silipinar SANGGUNIANC I'ANLUNGSOD NG MARIKINI\ PRESENT: Hon. JOSE FABIAN I. CADIZ, M.D. City Vice Mayor/ Presiding Officer DISTRICT I Hon. RONNIE S. ACLINA City Councilor Hon. JOSEPH B. BANZON City Councilor Hon. WILLIEN.CHAYEZ City Councilor Hon. MARIO M. DE LEON City Councilor Hon. SAMUEL S. FERRIOL City Councilor Hon. EVA AGUIRRE-PAZ City Councilor DISTRICT II Hon. ARIEL V. CUARESMA City Councilor Hon. PAUL B. DAYAO City Councilor Hon. MARK ALBERT J. DEL ROSARIO City Councilor Hon. ERNESTO M. FLORES City Councilor Hon. SUSANA P. MAGTUBO City Councilor Hon. ROMMEL F. ORTIZ City Councilor Hon. RUBEN R. REYES City Councilor Hon. XYZA DIAZEN-SANTOS City Councilor SECTORAL REPRESENTATIVE Hon. LEVY D. DE GUZMAN Liga President ON OFFICIAL BUSINESS Councilor FRANKIE C. AYUSON City Councilor ON LEAVE Hon. THADDEUS ANTONIO M. SANTOS. JR. City Councilor ORDINANCE NO. O84 SERIES OF 20I5 ORDINANCE ADOPTING THE 2OI5 TRAFFIC MANAGEMEMENT CODE OF MARIKINA CITY Introduced by: Councilor ERNESTO M. FLORES Co-Sponsored by: Councilor RONNIE S. ACLfNA Councilor FRANKIE C. AYUSON Councilor JOSEPH B. BANZON Councilor WILLIE N. CHAVEZ Councilor ARIEL V. CUARESMA Councilor PAUL B. DAYAO Councilor SAMUEL S. FERRIOL Councilor SUSANA P. MAGTUBO ,- Ordinance No. 084 Series of 2015 Page 2 of 42 Councilor EVA AGUIRRE-PAZ Councilor XYZA DIAZEN-SANTOS Councilor ROMMEL F. ORTIZ Councilor RUBEN R. REYES Councilor THADDEUS ANTONIO M. SANTOS, JR. Councilor LEVY DL. DE GUZMAN and Vice-Mayor JOSE FABIAN I. CADIZ, M.D. BE IT ORDAINED AS IT IS HEREBY ORDAINED BY THE 7TH CITY COUNCIL OF MARIKINA, IN SESSION DULY ASSEMBLED THAT: ARTICLE 1 - GENERAL PROVISIONS Section l.Title - This Ordinance shall be known and cited as --- "THE 2015 TRAFFIC MANAGEMENT CODE OF MARIKINA CITY" Section 2. Declaration of Policy. - It is hereby the declared policy of the City Government of Marikina that; (a) The flow of people and goods through the road network shall be as efficient, safe unhampered and orderly as possible for the economic and social vitality and viabitity of the city; (b) Urban road space is a scarce commodity the compelling use of which must be allocated for the greatest good and the greatest number through judicious, fair, participatory and informed traffi c management system; (c) Traffic problems and issues must be resolved in a rational manner, guided by facts and shaped through consultation, collaboration, and coordination with the surrounding cities and municipalities comprising with the Metropolitan Manila Development Authority as well as national agencies, like the Department of Public Works and Highways and the Department of Transportation and Communication; (d) The public has the right to be informed prior, and to participate in the formulation of an1, measures that may affect their community and travelling habits; Section 3. Scope of Application - (a) This Ordinance shall provide for efficient and effective traffic rules and regulations on all kinds of road in the City whether national or local in classification; for the management of traffic and safer use of roads, streets, avenues, highways and alleys of Marikina City by all types of motor vehicles, tricycles, bicycles, pedicabs, and other forms of conveyances, whether public or private; for the designation of vehicle stops, transport terminals and parking zones in public places; as well as, for pedestrian discipline: and in general, such other rules and regulations hereinafter promulgated in furtherance of an optimum utilization ofthe road network in the City, where the context applies; (b) All the applicable provisions of R.A. No. 4136, otherwise known as the "The Land Transportation and Traffic Codes of the Philippines", the "Public Service Law", the implementing rules and regulations prescribed by the Land Transportation Commission of the Department of Transportation and Communication, are all likewise in this Ordinance. Section 4. Definition of Terms - As used in this Code, the following terms are hereby defined or described for brevity: (a) Abandoned Vehicle - any vehicle unattended for more than twenty-four (24) hours on a public road or highwaY- Ordinance No. 081 Series of 2015 Page 3 o/ 12 (b) Authorized Towing Vehicle - any vehicle authorized by the city govemment specially designed for towing services within the city. (c) Acceleration Lane - a speed change lane used for increasing speed and merging with fast moving vehicles. (d) Bicycle - any two-wheeled vehicle made of metal or aluminum tubing, with a steering handle and saddle, and with a pedal-chain mechanism by which it is propelled. (e) Bicycle Path or Lane - a passageway established and constructed for exclusive use of bicycles. @ Bikeways - a bicycle network interconnected with bicycle lanes. (g) Built-up Area - alype of street situation normally characterized by relatively low speed, wide ranges of traffic volumes, naurower lanes, frequent intersections and driveways, significant pedestrian traffic, and prevalence of business and houses. (h) Cargo Truck - a heavy-wheeled vehicle used for hauling cargo, dumpling garbage or scrap materials, transporting and delivery of construction materials, gravel and sand, concrete/steel materials, and factory/industrial products. (i) Center - in relation to a thoroughfare, means a line or series of lines, marks or other indications at the middle of the thoroughfare or, in the absence of any such lines, marks, or other indications, the middle of the main traveled portion ofthe thoroughfare. (j) Channelized Intenection - an intersection provided with islands meant to guide and limit vehicle movements. (k) City - shall refer to the City Government of Marikina or Marikina City. (l) Clearway - a length ol carriageway generally defined by signs, along which vehicles may not stop or be left standing at the day as provided on the signs. (m)CTMDO - shall refer to the City Transportation Management & Development Office, the City's agency tasked with transportation management, planning, education, traffic enforcement activities, and regulation on the use of city streets. (n) Declararion Lane - a speed change lane used for decreasing speed' preparatory to stop or exiting a fast lane. (o) Decibel or dB - the unit of expressing the relative intensity of sound on a scale from zero (0) for the least perceptive sound to about one hundred thirty (130) for the average hearing pain level. (p) Divided Road - a highway or road with separated passageways for traffic travelling in opposite directions. Q) DOTC - shall refer to the Department of Transportation and Telecommunication, the national agency of the govemment that govems the operation of all sea, air and land transportation of the country. (r) Driver - a person who possesses a valid and genuine professional or non-professional driver's license by the LTO to drive or operate a vehicle and who has control of the directional and mobile power of a vehicle. (s) Emergency Vehicte - a vehicle used in responding to emergencies, calamities, fires and public disturbances, (this includes military and police car, fire truck' ambulance, and such other vehicle used for life saving purposes). (t) Footway or Sidewatk - lhat portion ofthe road set aside for pedestrian use only' (u) Garage - an area or open space, a building, a terminal designated for parking of motor vehicles and/or for loading and unloading passengers by PUVs. (v) Gross lleight - the total measured weight of a motor vehicle that includes maximum allowable loading/carrying capacity ofcargo, freight or passengers. (w) Heavy Equipmenl - a fast or slow moving heavyweight vehicle, motorized or not, including, but not limited to cement transit mixers, graders, backhoes, bulldozers, tractors, tractor trailers, compactors containerized vans, and such other equipment towed or loaded long-bed trailers. (x) High Beam - a beam of light projected from vehicle headlights such that the main bright portion ofthe beam thereofrises above the level upon which the vehicle stands. (y) Horn - a device emitting sound signal to wam pedestrian or other motor vehicles., .dl^ Ordinance No. 084 Series of 2015 Page 4 of42 (z) Intersection - the place at which two or more roads cross or intersect with one another in angle, (this includes crossings and intersecting paralleI roads or highways). (aa) Laned Thoroughlare - a road, slreet, avenue or highway divided into two or more marked lanes for vehicular traffic. (bb) License Plale - an aluminum plate embossed with numbers and renewal sticker, attached on the front and rear ofa vehicle to serve as proof of registration with the LTO and identification ofthe vehicle. (cc) Low Beam - a beam of light projected from vehicle headlights such that none of the main bright portion of the beams thereof rises above a horizontal plane passing through the lamp center parallel to the road level upon which the vehicle stands. @0 LTfiRB - shall refer to the Land Transportation Franchising and Regulatory Board, an agency of the DOTC, that govems the issuance of franchises or permit to operate to all land transportation vehicles. (ee) LTO - shall refer to the Land Transportation Office, the agency of the national govemment that govems and regulates the operation of all land transportation in the country. (/) Main Streel - a wide continuous twolane or multi-lane Street used by motorists as major travel route, (this includes avenues, boulevards, and highways). (gg) Market Crossb,alk - a portion ofa thoroughfare between two parallel like marked across the thoroughfare, intended for use ofpedestrian. (hh)Merging - the converging of separate streams of traffic into a single stream. (ii) MMDA - shall refer to the Metropolitan-Manila Development Authority. Qj) Motorcycle - a two-wheeled motorized vehicle with a saddle and steering handle, propelled by combustion ofgas or gas-oil combination, used as a means of transport, and which can be attached to a sidecar to serve as a tricycle. (kk) Motor Vehicle - a vehicle propelled by combustion of gas, diesel, or electrical power, other than physical or muscular power. (t0 Mulfler or Silencer - a tubular gadget attached to the exhaust system of gasoline/diesel- fed engine of a motor vehicle, motorcycle or any motorized equipment to suppress noise and lessen smoke emission caused by engine combustion. (mm)No Parking/l,,to llaiting - a situation when a vehicle has been brought to a stop or stationary, whether the engine motor is running or not, parked and remains inactive for a temporary period of time on a road or street, edge of a road or highway shoulder where parking is not allowed. (nn)No Parking Area - a portion of a thoroughfare between two conseculive "No Parking" sigrrs installed or posted on a street and with arrows pointing generally towards each other or other appropriate signs. (oo) one-llay Thoroughfare - a thoroughfare on which vehicles are permitted to travel in one direction only, as indicated by a traffic sign or signals' (pp) Overlake - to pass or attempt to overtake or pass a slower moving vehicle travelling in the same direction. (qq) OVR (Ordinance Violation Receipt) - a Traffic Citation Ticket issued to violators of traffic rules and regulations. (rr) Parked or Parking - shall refer to a situation when a vehicle has been brought to stop or about to be stationary to park on the edge ofa road or highway shoulder where parking is allowed and remains in active for an appreciable temporary period of time. (ss) Parking Area - a portion ofthe thoroughfare where parking is permitted as indicated by appropriate signs. (U) Pedestrian - a person who walks or traverses on sidewalks, or crosses roads or intersections. (uu)Pedestrian Crossing - an area or place on a street or intersection, marked with stripes, where pedestrians are required to cross;i Ordinqnce No. 084 Series of20l 5 Poge 5 of42 (w) Pedicab - shall refer to a pedal- driven bicycle with a wheeled-sidecar bolted or attached to it. (ww) PUB - a public utility bus franchised by the LTFRB for use as public transport of passengers. gg PaJ - a public utility jeepney, franchised by the LTFRB for use as public transport of passengers. (yy) PUTFRB - shall refer to the Public Utility Transportation Franchising and Regulatory Board which serves as the policy-making body of the City's transportation regulation and management and supervision of tricycle franchising. (u) Public Utility Tricycle - a motorcycle with a sidecar unit, franchised by the PUTFRB of Marikina to operate and transport passengers for a fee within its designated zone of operation in the City. (aaa) PIIV (Pubtic Utility Vehicle) - shall refer to a PUB, PUJ, or public utility tricycle of such other vehicles used as public conveyance to transport passengers. (bbb) Reckless Driving - driving or operating by a person of a motor vehicle and willfully, intentionally or unintentionally fails to take such as ordinary caution and care to prevent incident or accident that results to injury to person(s) or damage to another's property. (ccc) ReJtectorized Sticker - a strip of self-adhesive colored plastic sheet which is posted or installed on the side or rear of a motor vehicle emitting reflective color when focused with light. (ddd) Right-ot-llay / Through Slreet - a street designated by law or ordinance where motor vehicles have the right of way to proceed past intersections without stopping which was posted with a sign as such. (eee) Road - sometimes called street, avenue, boulevard or highway, is the part of the land surface designed or used for the passage of vehicles, whether motorized or not, inclusive of sidewalk and shoulders forming part ofthe right-of-way. ffi Road Marking - any traffic inscription or device laid out on the surface of a road or thoroughfare to regulate traffic or to wam or guide road-users, used either alone or in conjunction with other signs for emphasis and clarification of its meaning. (ggg) Rotonda or Roundabout - a circumferential intersection where all vehicular traffic travels in one direction around a central or circular island. (hhh) Separation Lane - a line marked on the pavement of a thoroughfare to separate traffic travelling in opposite directions. (iii) Slanding - is a situation when a vehicle is stationary for needed time to pick up or set down persons or to load or unload goods. Qjj) Stop Line - a line marked across the thoroughfare near a traffic control signal, a stop sign, in an intersection, or in a pedestrian crossing. (kkk) Thoroughfarc -th portion ofa road improved, designed or used for vehicular travel exclusive ofthe shoulder and footway. (lU) TMED - shall refer to the Traffic Management & Enforcement Division (formerly the Traffrc Management Towing and Impounding Section (TMTIIS), a traffic group under the CTMDO tasked to enforce traffic rules and regulations within the City, including the towing of vehicles. (mmm)Tralfic Citation Ticket - also referred to as Traffic Violation Receipt (TVR) or Ordinance Violation Receipt (OVR), a printed document issued to a driver who commits a traffic violation he has violated, and the amount offine or penalty for such violation. (nnn) Traffrc Control Signal - a traffic signal installed on streets, such as traffic lights, traffic sigrrboards, and the like using colored lights, words, symbols or any combination thereof operated either mechanically, electrically, manually, or otherwise by means of which vehicular traffic and pedestrian movement may be controlled or regulated. (ooo) TralJic Islazd - a defined area within the roadway, usually at an intersection and set off above ground level, from which traffic is intended to be excluded and which is used for control ofvehicular movements and as pedestrian refuge- Ordinqnce No. 084 Series of 2015 Page 6 of42 (ppp) Trailer - a wheeled-vehicle not otherwise self-propelled, usually attached to the rear of a motor vehicle. (qqq) Tricycle - a motorcycle with a wheeled sidecar bolted to it. (rrr)Two-llay Thoroughlare - any thoroughfare where vehicular traffic travel is permitted in opposite directions. (sss)U-Turn - a movement which causes a vehicle or travelling in one direction to travel in the opposite or make turn-about in direction. (fit) llailing- a situation when a vehicle is permitted to remain stationary with the motor running in a no parking area. (uuu) No ll/ailing Area - shall refer to a portion of the thoroughfare where waiting is not permitted as indicaled by appropriate signs. (wv) Yetlow Box - portion of the intersection marked with yellow diagonal lines that should be kept clear ofvehicle at all times. ARTICLE II TRAFFIC CONTROL SIGNAL, SIGNS AND SIGNAGES Section 5. Erection and Interference with Traffic Control Items - (a) No person shall, except when duly authorized by the proper authority, erect, establish or display on any road or in the view of any person on any road, or interfere with, alter to take down, any traffic control signal, signs or signages. (b) No person shall erect, establish, place, maintain, or display on any road or in the view of any person on any road anything which purports to be or is an imitation or similar to any traffic control sign or item, which interfere with the effectiveness of or prevents an approaching driver from clearly distinguishing the whole part ofany traffic control item, or distracts his attention from any traffic sign or item. Section 6. Limits on Operation of Signs - Any sign associated with a "No Parking Area", "No Waiting Area", or "Parking Area", or any sign of a kind referred to in Section 10 shall be limited in its operation and effect in respect of days, periods of the day, classes of vehicle or circumstances to the extent (ifany) shown on the sign. Section 7. Traffic Control Signs or ltems to be Operative - (a) Any traffrc-control sigrr or item of a kind referred to in this Article that exists on road, shall be effective and operative as a traffic-control item duly established for the purpose under this Code. (b) Any traflic-control sign or item which substantially conforms to the requirements ofthese Sections with respect to dimensions, shape, color, position, direction, single or any other features of traffic-control signs or items or any kind shall be deemed to be traffic-control sign or item ofthat kind. Section 8. Obedience to Tralfic Control Signals and Signages - (1) Every person shall, at all times, observe and comply with the instruction of any traffic control signal (traffic lights) applicable to him. (2) The display by a traffic control signal (traffic light) of: (a) A Green Circle (green light) is an instruction that: A driver facing the traffic control signal (traffic light) may proceed straight ahead, tum left or tum right, unless, a signal at such place prohibits either such tum. Vehicles tuming right or left shall give way to any opposing traffic and/or pedestrians. (iD A green signal (green light) and walking man symbol is an instruction that a pedestrian facing the traffic control signal may proceed across the thoroughfare. (b) An Amber Circle (yetlow light) is a warning light or an instruction that: - dF Ordinance No. 084 Series of 2015 Page 7 of42 (D A driver facing the traffic control signal (traffic light) may still proceed with caution beyond the stop line, or in the absence of a stop line, the traffic control signal itself, or he is so close to the stop line or traffic control signal when color amber (yellow) first appears that he cannot safely stop his vehicle. (iD A pedestrian facing the traffic control signal (traffic light) shall not obstruct vehicles entering or approaching the intersection' (c) Red Circte (red light) alone is an instruction that: (i) A driver facing the traffic control signal (traffic light) shatl not proceed straight ahead or tum left beyond the stop line or in the absence of a stop line, shall not proceed straight ahead or tum left beyond the traffic control signal itself. (iD A pedestrian facing the traffic control (traffrc light) shall not obstruct vehicles entering or approaching the intersection. (d) A Red Square and Standing Man signal (ligh! is an instruction that a pedestrian facing the traffic control signal shall not enter or cross the thoroughfare' (e) A Green Arrow is an instruction that a driver facing the traffic control signal may proceed in the direction indicated by the arrow. (f) An Amber Arrow is an instruction that a driver facing the traffic light control signal shall not for the purpose of proceeding in the direction indicated by the amber anow, proceed beyond the stop line or, in the absence of a stop line, shall not enter the intersection at or near which the traffic control signal is erected, unless his vehicle is so close to the stop line or the intersection when the amber arrow first appears that he cannot safely Stop, but he must pass the stop line or enter the intersection with caution. (g) A Red Arrow is an instruction that a driver facing the traffic control signal shall not for the purpose of proceeding in the direction indicated by the red arrow proceed beyond the stop line or, in the absence ofa stop line, shall not enter the intersection at or near, which the traffic control signal is erected. Section 9. Obedience to Signs - Traffrc signs installed shall be obeyed and shall not be disregarded by motorists and pedestrians at all times. (a) A driver shall not cause his vehicle to tum at any intersection contrary to the instruction to tum on any "No Turns", "No Left Turn", "No Right Turn" or "No U-Turn" signs are erected to face an approaching driver at or near the intersection. (b) Where a ,'One Way" sign is erected to face a driver entering a thoroughfare to face an approaching driver, the driver shall not proceed on that thoroughfare beyond the sign, (c) where a ,,No Entry" sign is erected over or adjacent to a thoroughfare to face an approaching driver, the driver shall not proceed on that thoroughfare beyond the sign. (d) Where a "No Overtaking or Passing" sign is erected near a bridge to face an approaching driver, the driver shall not overtake or pass a vehicle travelling the same direction. (e) Where a "No Overtaking on Bridge" sign is erected near a bridge to face an approaching driver, the driver shall not overtake a vehicle on the bridge' (f1 where a ..Load/weight capacity" sign is erected on the approach of a bridge, a driver shall not drive a vehicle and its load, including the trailer attached to the vehicle, when it exceeds the weight indicated on the bridge load limit sign. (g) where a .,Keep Right" sign is erected to face an approaching driver, the driver shall not pass to the right of the sign. (h) Where a "Keep Left" sign is erected to face an approaching driver, the driver shall not pass to the left of the sign. (i) where a ..stop" sign is erected to face a driver who is approaching or has entered an intersection, the driver shall: -stop his vehicle before reaching and as near as practicable-- Ordinance No. 084 Series of 2015 Page 8 of12 to the stop line associated with the sign or, in the absence of a stop line, at the point nearest the first intersecting thoroughfare where he has a clear view of traffic approaching the intersection; and -upon reaching such sign, stop to give way to any vehicte which is entering or within or leaving the intersection, except where that vehicle is facing, or has passed a "Stop" sign or a "Give Way" sign erected at the intersection, and is about to tum, or is tuming at the intersection: O Where a "Give Way" or "Yield" sign erected to face a driver who is approaching or has entered an intersection, the driver shall, on reaching or after passing such sign give way to any vehicle which is entering or within or leaving the intersection road, except where that vehicle is facing, or has passed a "Stop" sign or "Give Way (Yietd)" sign erected at the intersection. and/or is about to tum, or is tuming at the intersection. (k) Where a "Give Way" or "Yield" sign erected to face a driver who is approaching a bridge, the driver shall not pass the sign while any vehicle lravelling in the opposite direction is between the sign and far end of the bridge. (l) Where a "No U-Turn" sign is erected adjacent to a thoroughfare to face an approaching driver, the driver shall not make a U-Tum while he is between the sign and the far side of the first intersection beyond the sign, nor shall a driver who enters the thoroughfare between the sign and the intersection and travels towards the intersection make U-Turn before he has passed the intersection. section 10. use of Sirens, Dazzling Lights, similar Gadgets - No private person shall use or cause to be used sirens, bells, homs, whistles or similar gadgets that emit exceptionally annoying loud, sta(ling or disturbing sounds, to disregard traffic control signs or signages so as to bypass vehicular traffic flow, cross intersections or to do such other violative acts to gain lead or access during traffrc congestion. No person shall likewise use or cause to be used dome lights and flashing lights of any color installed in either front or rear, and emergency red lights " b. l" ir ng ke irn s" y a nd other signaling or flashing devices that actually impedes and confuse traffic disciptine and control on the roads. ARTICLE III - GENERAL DRIVING RULES Section 11. Keeping as Far Right as Practicable. - Unless otherwise provided for in this Code, a driver shall keep his vehicle so close as practicable to the right boundary of the thoroughfare, except, where there are two or more lanes marked on the thoroughfare available exclusively for the traffic in the direction in which he is travelling. Section l2.Obstruction to Driver's View or Driving Mechanism - (a) No person shall drive a vehicle when it is over-loaded, or when there are in the front seat such numbers of person, exceeding three, or as to interfere with the drivers control over the driving mechanism of the vehicle. (b) No passenger in a vehicle shalt ride in such a position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. Section 13. Overtaking - (a) When overtaking a moving vehicle, a driver shall pass to the left ofthat vehicle and shall not drive in front of it until his vehicle is safely clear; provided that, where a thoroughfare has two or more marked lanes, vehicles travelling in one ol those lanes, if the traflic conditions permit him to do so with safety. (b) A driver overtaking making or apparently about to make a left tum shall pass to right of it when overtaking a vehicle on a two-way thorouehfar3 Ordinqnce No. 084 Series of2015 Page 9 of 42 (c) If the thoroughfare is not divided into three lanes, a driver shall not drive to the left of the center of the thoroughfare, unless the left side of the thoroughfare is free of oncoming traffic far enough ahead to permit the overtaking movement to be completed in safety. (d) If the thoroughfare is divided into three lanes, a driver shall not drive in the center lane unless that lane is free of oncoming traffic far enough ahead to permit the overtaking movement to be completed in safety. Section 14. Giving Way to Overtaking Vehicles - Except where overtaking on the right is permitted, the driver ofa vehicle being overtaken shall not increase speed of his vehicle and shall not move literally from his lane until it has been completely passed by the overtaking vehicle. The driver of the overtaken vehicle shall yield in favor ofthe overtaking vehicle when the driver ofthe overtaking vehicle sounds and/or signals he is passing. Section 15. Use of Center and Left Lanes of Three Thoroughfares - On a two-way thoroughfare divided into three lanes, a driver shall not &ive his vehicle in the center lane, except: (a) To overtake another vehicle in accordance with the rules on overtaking; (b) In preparation for a left tum; (c) Where the center lane is at the time allocated exclusively to vehicles travelling in the same direction to which he is travelling; and (d) The extreme left hand lane, except in preparation for a left turn. Section 16. Passing Vehicles - A driver passing a vehicle travelling in the opposite direction shall keep to his right relative to that vehicle. Section 17. Drivers Not To Obstruct Traffic - A person shall not, without proper cause, drive a vehicle abnormally slow or in such other manner as to obstruct, hinder and prevent the free passage ofany person or vehicle. In a thoroughfare with two or more lanes in the same direction, lane hugging or occupancy of more than one lane for a length of time not called by traffic conditions shall be considered as an obstruction' Section 18. Driving in Lanes on Thoroughfare - (a) A driver shall drive his vehicles as nefily as practicable entirely within single marked lane or a single line of traffic and shall not move literally from such lane or line of traffic until he can do so safely. (b) A driver travelling along a marked lane any boundary of which is a single unbroken line shall not permit any part of his vehicle to cross that line, except when safety demands otherwise. Section 19. Keeping Right of Double Yellow Lane - Where a thoroughfare is marked with a double yellow longitudinal line comprising of yellow continuous line on the right of a white broken line, a driver shall not permit ant portion ofhis vehicle to travel on or over or to the left ofthe double yellow longitudinal line. Section 20. Driving Over a Yellow Box - A portion of an intersection marked with a yellow box must always remain unobstructed and open for passage. A driver must not enter a yellow box if his exit road or lane from it is not clear, or if he cannot cross and go beyond the boundaries of the box in time before the traffic signal tums red. Section 21. Driving/Parking on Bicycle Lanes - Motor vehicles are prohibited from being driven or parked on designated bicycle lanes which are in scripted with bicycle symbols or signs that the lane is for the exclusive use ofbicycle riders only. Section 22. Driving /Parking on Jogging Lanes along Marikina River -Motor vehicles are prohibited from being driven or parked on the jogging lanes situated on both sides of Marikina , Ordinance No. 084 Series of 2015 Page l0 of42 River, except on designated commercial /recreational areas and the access lanes going and coming from Pagoda, Kawayanan, the Roman Garden and the Youth Camp. City government vehicles that are assigned in the maintenance of peace and order and preservation of the environment surrounding on the bicycle and jogging lanes, shall be exempted from the prohibitions hereof. Section 23. Driving Through Funeral, Motorcade or Procession (a) No person shall drive a vehicle between the vehicles comprising a funeral or other authorized motorcade or procession while they are in motion. when the lead car of any funeral, motorcade or procession shall have entered any intersection, notwithstanding the traffic light conditions at those intersections, then all other traffrc shall yield the right-of- way to all vehicles comprising such funeral, motorcade or procession, until it has passed through the intersection. (b) No funeral, motorcade, procession, assembly or parade containing 200or more persons or 50 or more vehicles, excepting the Armed Forces of the Philippines, the Philippine National Police and the Bureau of Fire Protection shall occupy, march or proceed along any street except in accordance with a permit issued by the CTMDO and such other regulations as set forth herein which may apply. (c) A funeral procession composed of any number ol vehicles shall be identified as such by continuous display of continuous flashing hazard lights of all the vehicles in the funeral procession. Section 24, Fotlowing Fire Truck or Other Emergency Vehicles Prohibited. - The driver of any vehicle shall not follow any fire truck, ambulance, police car, or other emergency vehicle travelling in response to a fire alarm or emergency closer than 150 meters, or drive into a parked such vehicle within the block where a fire truck, ambulance, police car or other emergency vehicle has stopped in answer to a fire alarm or emergency' Section 25. Opening Doors and Alighting from Vehicles. -A person shall not open or leave open a door of a vehicle or alight from vehicle unto a thoroughfare, particularly on the left side oia vehicle, so as to cause danger to other person using the road or so as to impede the passage of vehicular traffic. Section 26, Blowing of Horns, Use of Warning Instruments - No person shall blow or cause to use the hom or any other waming instrument unnecessarily on a "No Blowing of Horns" zones, such as in front of hospitals and churches, except when necessary as a traffic waming, or as indication that the driver of the vehicle intends to overtake another vehicle. Section 27. Use of Seatbelts. - A driver ofany motor vehicle, as well as passengers occupying the front seat and specified locations, must wear a seatbelt, as provided for under R.A. No. 8750 and the implementing rules and regulations of the LTO. ARTICLE IV _ GIVING WAY Section 28. Giving Way at Intersection (a) A driver approaching or passing through an intersection shall exercise special care and where appropriate shall drive at a reduced speed. The policy of "First to stop, First to Go" shall apply on all intersections ofthe City. ('b ) Except as provided in Paragraph (c) of this section, the driver of a vehicle which is approaching an intersection from one thoroughfare shall give way to any vehicle has eniered the intersection except that where the two vehicles have entered at the same time; the driver which has the other vehicle on his right shall give way' Ordinance No. 081 Series of20l5 Il Page of 42 (c) When traIfic-control signals are erected at or ne{u an intersection, Paragraph (b) above shall not apply to a driver proceeding in accordance with the instnrction of any such signal. Paragraph (b) shall not apply to the driver ofa vehicle having another vehicle on his right at an intersecting thoroughfare where that other vehicle is facing or passed a "Give Way" or "StoP" sign. Section 29. Giving Way during Turns. - (a) Subject to the provisions of Section 9, Paragraph (l), a driver who intends to tum, or is tuming, or has tumed to the left at an intersection, shall give way to any vehicle which has entered or approaching the intersection from the opposite direction. (b) A driver tuming to the right or left ofan intersection shall give way to all pedestrians. (c) A driver making U-Tum shall give way to all other vehicles and to all pedestrian. (d) Except as otherwise provided in this Section, the provision of Section 28 of this Article shall apply to tuming vehicles. Section 30. Giving Way to or from Parked Vehicles - (a) A driver who is about to drive or is driving a vehicle into or out from a parking area or the boundary ofa thoroughfare shall give way to all other vehicles. (b) A driver shall not move in reverse out of a parking area and cross the center of a thoroughfare, unless traffic conditions permit him to do so. Section 31. Giving way to Emergency vehicles. - A driver shall give way and make reasonable effort to give clear and uninterrupted passage to an emergency vehicle sounding a siren, bell or repeater hom, flashing light, or using other signals to indicate an emergency. Section 32. Entering or Leaving a Road. - (a) A driver entering an abutting road shall, except when proceeding pursuant to an instruction of a traffic-control signal, a traffic policeman, a traffic aid, or duly authorized traffic enforcers, give way to all vehicles travelling in either direction along the road, as well as to all pedestrians on the road. (b) A driver leaving a road to enter land abutting shall give way to all vehicles travelling in the opposite direction and to all pedestrians on the road. ARTICLE V - SPEED RESTRICTION Section 33. Speed Limits - (a) No person shall drive a vehicle at a speed exceeding the design limits for the streets as indicated by numerals or signs set up along the road. (b) The foregoing provision of this Section shall not apply to the driver of an emergency vehicle as described under Section 34 - "Exemption from Speed Limits". (c) Nothing in this Section shall be constructed to justifu the driver ofa vehicle driving at a speed which may constitute driving carelessly, recklessly or at a speed or in a manner which is dangerous to the public having regard to all the circumstances, or exceed any maximum speed application to the vehicle and fixed by any law, ordinance or regulation. Section 34. Exemption from Speed Limits - The following drivers may be exempted in observing prescribed rates of speed limits, provided he shall be exercising care and caution, and using siren, alarm or signal: (a) A physician or his driver, when responding to emergency call; (b) The driver of a hospital ambulance on the way to and from a place of accident or emergency case; (c) A driver bringing a wounded or sick person for emergency treatment in a hospital, clinic, or to any other life-saving facilities; (d) A law enforcer in pursuit of a traffic-law violator or a perpetrator of a crime; . Ordinance No. 084 Series of 2015 Page l2 of42 (e) A fire official or his driver or drivers offire trucks responding to fires; (0 A driver of national or City Government emergency rescue vehicles responding to emergencies and calamities; and (g) A driver of a military or police vehicles responding to call of duty during riots, violent rallies, and other pubtic disturbances, as well as, in responding to crime-related cases. Section 35. Emergency Vehicles - Exemption from Speed Limits - The driver of any emergency vehicle may, when it is expedient and safe to do so: (a) On a sounding siren, bell or repeated hom, proceed, pass a traffic-control signal displaying a red or amber circle or a red or amber anow or proceed contrary to the discretion or instruction ofany traffic control devices; (b) on a sounding siren, bell or repeater hom, drive in any direction or any part of a road or overtake or pas on either side ofanother vehicle; (c) Stop, leave waiting or park the vehicle a1 any place at any time; or exceed the speed limits prescribed in the Code. section 36. Speed Contest / Drag Racing - It shall be unlau{ul for any person or persons to engage in, or to aid any motor vehicle, drag racing / speed contests or exhibition or speed, on any public or private street upon which the City has been authorized to imposed traffic regulations, Lxcept as permitted by special permit from the office of the city Mayor. The permit shall indicate, among other things, the date and place ofthe speed contest' ARTICLE VI - ONE-WAY STREETS Section 37. Designation of One-Way Streets (a) Vehicular traffic on any sEeet or highway or portion thereof shall be designated as one way sreet by the CTMDO, in accordance with List of One-llay Streels, as shown in Appendix "A". (b) The CTMDO is hereby authorized to expand, reduce, amend, or modify the list of one way streets under Appendix "A", whether in an experimental basis or not, but with the concurrence ofthe City Mayor, and provided that any change shall be refened to the Sangguniang Panglungsod immediately. If no action is taken thereon within three (3) months of referral, the same shall be deemed approved as part of this Ordinance. Section 38. Operating Rule on One-Way Street - The driver shall drive along a one-way thoroughfare in the direction indicated by the arrow on the sign. ARTICLE VII - TURNING, REVERSING AND STOPPING Section 39. Right Turns - A driver who is about to make a right tum at an intersection shall so drive his vehicle that when it reaches the intersection, it shall be to the right of any vehicle abreast of his vehicle and traveling in the same direction, or at the rightmost lane of a thoroughfare. This Section shall not apply to a driver whose vehicle is in a marked lane allocated exclusively to right tuming vehicle. Section 40. Left Turn - A driver who is about to make a left turn at an intersection shall: (a) Where he is traveling on a two way thoroughfare, approach and enter the intersection so that his vehicle is to the right or, parallel to and as near as practicable to the center of the thoroughfare; or (b) Where he is traveling on a one-way thoroughfare, approach and enters the intersection so that his vehicle is parallel to and as near as practicable to the left boundary or leftmost lane of the thoroughfare. However, this sub-section shall not apply if this vehicle is in a marked lane which has a sign alongside or over it or markings on its surface indicating that a left tum must or may be made. , drf Ordinance No. 084 Series of20l5 Page l3 of 42 Section 41. "No Left Turn" Streets - The CTMDO is hereby authorized to expand, reduce, amend or modify from time to time the list as it sees fit , subject to the approval of the City Mayor, and provided a copy ofthe list is fumished the Sangguniang Panglungsod within one ( I ) month of any change or revision. The revised list shall be deemed final and approved ifnot acted by the Sanggunian within three (3) months from receipt thereof. Section 42. Turn and Stop Signals - (a) A driver shall not tum right or left or diverge right or left or stop or suddenly decrease speed or make a U-Tum without giving a signal, as prescribed in this Section' (b) A driver who is about to tum right or left, diverge right or left, stop, or suddenly decrease speed or make a U-Tum, shall signal his intent of doing so for such time as necessary to give reasonable waming to drivers approaching from behind. (c) For purpose of and without limiting the generality of Paragraph (b) above, a signal shall be deemed to give reasonable waming if given continuously: 1. while a vehicle is traveling 30 meters immediately before it commences to tum and during any period when it is stationary before it comes to tum; 2. while a vehicle is traveling 30 meters immediately before it commences to diverge right or left, or; 3. while the brakes of the vehicle are apptied before it stops or while it is slowing down; (d) Any signal required by this Section shall be given: t . in ttre case of a signal of intention to stop or reduce speed suddenly by means of stop lamP or red lamPs; or 2. in the case of a signal of intention to tum right or left, diverge right or left to make a U-Tum, by means of flashing orange lamp signaling device' Such signaling device or stop lamp shall comply with the specifications for that devices or stop lamp prescribed by the LTO' section 43. Use of signaling Devices - A driver shall not permit a signaling device on his vehicle to remain in operation afte. the completion of the tum or divergence in respect of which the device was Put into oPeration. Section44.U-Turns-AdrivershallnotcausehisvehicletomakeaU-Tum: (a) where there is probability of colliding with another vehicle or interfering with the free movement of traffic; or (b)onanyintersectionatwhichtrafficcontrolsignorsignalprohibitsU-Tum'- section 45. ,.U-Turn" streets - The streets listed under Appendix "A" are hereby designated as *No U-Tum" streets. The CTMDO is hereby authorized to expand, reduce, amend or modify fiom time to time the list as he sees fit, subjict to the approval of the City Mayor' provided a .opv oi,t"iir, is fumished to the sangguniang panglungsod within one (1) month ofany change or revision thereof. The revised list i-hall be deemed final and approved if not acted by the Sanggunian within three (3) months from receipt thereof' section 46. Procedure at channelized Intersection - when accelerating or decelerating lanes ;;;;;"td"J for right o, left tum ar no traffic signal intersections, vehicles shall precede as f.o-_llo(was)V: ehiclesintendingtotumrightintoaroadwayentrancebymeansofarighttum accelerating lane -shall enter such roadway by means of the accelerating lane so p."ria.o, ina.ndt..rg" *i t caution into it".igtt hand traffic lane, unless otherwise instructed. (b)Vehiclesintendingtotumrightfromaroad.wayexit,fromwhichismadebymeansofa '"' ,i;iri t; a.""r"ru'tingiun.,ihall enter the decelerating lane and merge with caution into ifie rigtrt trana ttaffic lane, unless otherwise instructed' ' Ordinance No. 0E4 Series of20l5 Page l4 of42 (c) Vehicles intending to tum left into the far roadway of a divided highway shall come to a complete stop before crossing the near roadway of such highway and shall merge with caution into the left hand lane ofthe far roadway, unless otherwise instructed. (d) Vehicles intending to tum left from a divided highway exit, by means of a left tum decelerating lane constructed in the middle strip area, shall enter decelerating lane and shall yield the right of way to approaching vehicles before proceeding with caution across the intersection and into the intersecting roadway, unless otherwise instruct. ARTICLE VIII _ STOPPING AND PARKING OF VEHICLES Section 47. Vehicles Not To Be in Certain Areas - No driver shall: (a) leave a vehicle in a 'No Waiting Area"; (b) park a vehicle in a "No Parking Area", except when loading or unloading goods or passengers; (c) leave a vehicle waiting in a 'No Stopping/Waiting Area" for any purpose; (d) leave a bvehicle waiting in a Parking Area contrary to any limitation in respect of days, periods of the day, and classes of vehicles indicated by the inscription on the sign or signs associated with the area. However, a person may park a vehicle in a "No Parking" area or leave a vehicle waiting in a 'No Waiting" area or 'No Stopping" area under any of the following conditions: 1. any time that the restriction is suspended by reason of the inscription on the sign or signs associated with the area; or 2. ifthe inscription on the sign or signs associated with the area exempts his vehicles from the restriction imposed within the area. Section 48. Prohibited Parking or Waiting Places - The streets listed under Appendix "A" are hereby designated as No Parking or No Waiting area. The CTMDO is hereby authorized to expand, reduce, amend or modify from time to time the list as he sees fit, subject to the approval of the City Mayor, provided a copy of the list is fumished to the Sangguniang Panlungsod within one (l) month of any change or revision. The revised list shall be deemed final and approved if not acted by the Sanggunian within three (3) months from receipt thereof. No person shall park or leave a vehicle waiting so that any portion of his vehicle is: (a) between any other waiting vehicle and the center of the thoroughfare; (b) between the pedestrian zone and the nearest curb; (c) in front of a right-of-way, passage or private driveway; (d) in front ofa roadway constructed across in reservation; (e) alongside or opposite any excavation if the vehicle would obstruct traffic; (f) on any footway, marked crosswalk or pedestrian crossing; (g) upon a bridge or other elevated structure or within a tunnel or underpass; (h) upon an intersection; on any portion of a thoroughfare with a "Keep Clear" signal; O within one (1) meter of any fire hydrant or fire plug or any sign or mark indicating existence of a fire hydrant or fire plug; (k) within three (3) meters ofa letter pillar or letter box unless the vehicle is being used for the purpose of collecting postal articles from the pillar or box; on a reserved area; (m) on a bicycle lane; and (n) upon a Bus and PUJ lane except that a public utility vehicle may remain waiting while passengers are actually entering or alighting from the vehicle. Section 49. Method of Parking Vehicles - Any driver who parks or leaves a vehicle waiting on a thoroughfare shall park or leave the vehicle waitinB: - Ordinqnce No. 084 Series of20l 5 Page l5 o/ 42 (b) In the case on which vehicles are permitted to travel in both direction, as neer as practicable to the right ofthe boundary of the thoroughfare; (c) In the case of a road on which vehicles to travel in both directions only, as near as practicable to the right of the left boundary of the road and parallel to the boundary of the thoroughfare; (d) So that not less than thee (3) meters of the width of the thoroughfare between the vehicle and the far boundary of the thoroughfare is available for the movement of other vehicles; (e) In a manner that it does not cause undue obstruction on the thoroughfare and (f) Where parking bays are marked on the thoroughfare, entirely within the confines of a single bay. Paragraph (a) and (b) of this Section shall not apply to a person leaving a vehicle waiting in a Parking Area. Section 50. Parking Near Crest or Curve - No person shall park or leave a vehicle waiting on or near a crest or curve so that any portion of it is upon a thoroughfare unless a driver approaching from the rear would have a clear view of the vehicle for a distance of at least forty five (45) meters. Section 51. Parking on Parade Routes and on Any Special Occasion - The CTMDO is hereby authorized, whenever it deems it necessary, to prohibit or restrict the parking of any vehicle on either or both sides ofany street or portion thereof, constituting a part of the route ofa parade or procession, or any special occasion, and also upon any street adjacent thereto by the erection or placement of temporary signs setting forth such restrictions. When such signs are erected or placed prior to the parade, procession or special occasion, it shall be unlaufirl 1o park or leave unattended any vehicle in violation of such signs. Such unattended vehicle shall be towed and imposed with appropriate penalty. Section 52. Parking for Certain Purpose Prohibited -No person shall park a vehicle upon any street, roadway or sidewalk for the principal purpose of: (a) displaying such vehicle for sale; and (b) washing, greasing or repairing such vehicle, except, when repair is necessitated by an emergency, provided however, that a waming device be place near the rear ofhis car. Section 53. Parking in Front of Residential or Commercial Establishment - No person shall appropriate for his exclusive use a parking space allotted in lront ol a residential or commercial establishment. Installation of signage or markings indicating reservation of its use is prohibited. Section 54. Loading and Unloading Zones - A driver of a truck may park his vehicle in a "Loading Zone" when actually loading up or unloading down goods or materials, provided he is present at all times and attending to the same. A driver ofa public utility vehicle shall stop, pick up or unload passengers only at designated loading and unloading zones. On section ofthe road where there is no prohibition against loading and unloading, the driver may stop to pick up or unload passengers provided it is safe to do so and will not obstruct or impede vehicular traffic flow. City streets where loading or unloading of goods or materials are be prohibited shall be identified through an enactment of an ordinance for that purpose. Section 55. Officers Authorized To Remove Illegally Parked/Stopped Vehicles (a) Whenever any traffic enforcer finds a vehicle standing upon a road in violation of any of the foregoing provisions, such enforcer is hereby authorized to require the driver of the vehicle to move the same, to a position where parking is allowed or any other area where the vehicle cannot impede or obstruct vehicular traffic flow. - Ordinonce No. 084 Series of 2015 Page l6 of 42 (b) Whenever any traffic enforcer finds a vehicle unattended upon any bridge or roadway where such vehicle constitute an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicles by way of calling the Traffic Management & Enforcement Division (TMED) for removal and towing to the City's impounding area' (c) The expense incurred in the removal/towing of such vehicle, including impounding charges thereof, shall be charged against to the owner. Section 56. Removal and Towing of lltegally-Parked Unattended Vehicle - The Traffic Management & Enforcement Division (TMED) is hereby authorized to remove and tow any illegally parked unattended parked vehicle. ARTICLE IX-PARKING ZONES AND FACILITIES Section 57. Designation of Parking Zones - The streets listed under Appendix is hereby designated as pay parking zones. Any modification in the designation of parking zones shall he subject to the approval of the city council of Morikina by ordinance." (ordinance No. lS9,Series of 2008) Section 58. Imposing of Parking Fees - The imposition of parking fees on any designated parking zones or area shall be subject to enactment ofan ordinance for that purpose' Section 59. Off-Street Parking Facilities and Transport Terminals - Off-street parking facitities and/or public transport terminals may be established, constructed, operated and maintained by the City, or by duly-accredited transport organizalions or a association. as provided by Ordinance No. 107, Series of 2002- (a) Off-street parking facility and/or public transport terminals shall be designated by the PUTFRB in coordination with the CTMDO (b) An off-street parking facility and/or public transport terminal designated or assigned to a PUV association shall not be used by another association or any of its members; (c) Parking of private vehicles inside the facility or terminal shall be prohibited; (d) The rules and regulations, as well as penalties, on the use of off-street parking facilities and public transport terminals shall be covered by the provisions of Ordinance No. 107, Series of2002. If so required by the traffic impact analysis, the CTMDO, in coordination with the City Engineering Office of Marikina, may also require major commercial developments to incorporate off-street parking facilities into their building plans, before Building Permit is issued therefore. section 60. - ,,Entrance/Conveyance Fees and Parking Fees" within the Marikina Public Market Zone - All delivery/semice vehicles entefing designated enlry points or using a designated parking area $,ithin the Mafikina Public Market Zone shall be charged the fees as lollows: (a) Six(6) to Ten ([0)-wheeler truck conveyance fee Php 100.OO/entry (b) Elf-size van conveYance fee Php 50,00/entry (c) Jeepney/mulli-cab type conveyance fee Php 30.00/entry (as per Ordinance No.I16, Series of 2007) (d) Privote Vehicle porking fee Php 10.00/t't 2hrs Fee for every succeeding hour Php 20.00/hr (e) Four-wheeled vehicle parking fee Php 10.00/I't 2hts Fee lor every succeeding hour Php 20.00/hr @ Motorcycle parking fee Php 5.00/t't 2hrs Fee for every succeeding hour Php 10.00/hr (Ordinance No. I17, Series of 2014) Ordinqnce No. 084 Series of 2015 Page l7 of42 Section 61. Pay Parking Signs - Appropriate signs, indicating parking charges, the time that such facility is open for business, shall be installed at each public parking facility. P Section 62. Overnight Parking - The streets listed under Appendix "A" are hereby designated as overnight pay parking zores. Any modilication in the designation of ovemight parking zones shall be subiecl to the approval olthe City Council by ordinance." (a) Local roads where overnight parking is designated shall, as much as practicable, be on a one-side parking basis and in no case shall prevent egress or passage. (b) No alley or road less than three (3) meters in width shall be designated as ovemight parking zones. (c) No motor vehicle shall be parked ovemight on sidewalks, front of private garages, three (3) meters from street corners, and five (5) meters radius from fire hydrants, in front of banks and in front ofhospitals, fire stations, and other emergency responding facilities. (d) No public utility buses, passenger jeepneys, tricycles, cargo trucks or tractor trailers of eight wheels and up shall be allowed to avail of ovemight parking in any streets of the City, except by reason of emergency repair which should be accomplished as expeditiously as possible. (e) Overnight parking shall not be allowed on sfeets or thoroughfares used as routes for public utility vehicles. (0 vehicles repair (except urgent short-time emergency repairs) and/or parking ofjunked vehicles during ovemight are prohibited (g) Except for the ovemight parking fees, the rules and regulations on ovemight parking as prescribed under Ordinance No. 61, Series of 1999, as amended, are likewise adopted under this Section. Section 63. Overnight Parking Fees - (a) An ovemight parking fee of ten pesos (P10.00) shall be imposed upon every vehicle each night, to be collected by the barangay. All barangay collections shall accrue to the funds of the barangay concemed; (b) Parking fees may also be paid on a quarterly basis (3 months) in the amount of Seven Hundred Fifty Pesos (P750.00), payable at the start of every quarter directly to the Office of the City Treasurer of Marikina; or (c) Parking fees may also be paid on an annual basis (for 12 months) in the amount ofone Thousand Five Hundred Pesos (P1, 500.00), payable directly to the Office of the Treasurer in Marikina. Section 64. Enforcement of Overnight Parking - The enforcement of ovemight parking shall be jointly undertaken by the CTMDO and the concemed Sangguniang Barangay, more particularly, on the determination of which local roads may be utilized for ovemight parking. (a) Ovemight parking shall be limited to the hours of 12:00 o'clock midnight up to 5:00 o'clock in the moming of the following day. (b) The City Govemment shall, in no way, be held liable for any damage or theft or loss of the vehicle while parked during the night' (c) Vehicles found parking ovemight without parking receipts shall be towed and impounded in a designated impounding area in the barangay, or in any area designated by the CTMDO as imPounding area. Section 65. Violation in Parking Areas - Within any pay parking facility, it shall be unlawful for any person: (a) to refuse or fail to pay the parking charges; (b) to park any vehicle across any line or marking of a parking space or in such position that the vehicle shall not entirely be within the area designated by such line or markings; (c) to tamper or damage any vehicle, other than his own, parked in the same parking facility: , rd" Ordinance No. 084 Series of 20 I 5 Poge l8 of 42 (d) to park any vehicle for the purpose of washing, cleaning, greasing or repailing such vehicle, except when repairs are necessitated due to emergency; (e) to use the parking space as a display room to sell the vehicle or to sell goods or merchandise; (f) to disregarded any official direction, instruction or restriction posted on the parking area. ARTICLE X- RECKLESS, CARELESS AND DANGEROUS DRIVING/DRIVING UNDER THE INFLUENCE OF LIQOUR OR DRUGS Section 66, Reckless, Careless and Dangerous Driving - No person shall operate or drive a motor vehicle on any road recklessly or without reasonable care and caution considering the width, crossing, curvatures, visibility and other conditions of the road and the conditions of the atmosphere an-cl weather to endanger lives and property, or the safety or rights of any person, or its cause excessive or unreasonable damage to the road' Section 67. Driving under the Influence of Intoxicating Liquor or Incapacitating Drugs - No person shall drive a motor vehicle while under the influence of intoxicating liquor or incaiacitating drugs. For purposes of this Section, a driver is considered under the influence of 'iiquoi. intoiicating tf at the time of competent examination performed within an hour of apprehensi6n oi a person, he is found to have in his blood at least 0.06% of alcohol, and in the case of drugs, if it is reasonably manifested in his actions or behavior that his exercise his five senses is physically impaired so as to expose himself or other persons to a danger of accident. The operation ofany transport unit, although not motorized like the bicycle, in the manner stated herein above, is like prohibited. Alcohol/drug test on the violator shall be mandatory. ARTICLE XI -ACCIDENTS Section 68. Accidents Involving Personal Injuries, Death, or Damage to a vehicle - The driver of any vehicle involved in an accident resulting to injury or death of any person, or damage to a vehicle which is driving or attended by any person shall immediately stop and remain at the scene of the accident until he has fulfilled the requirements of Section 69 of this Ordinance. Every step must be taken to ensure that such stoppage ofthe vehicle is made without obstructing vehicular traffi c. Section 69, Duty to Give Information and Render Aid - The driver of any vehicle involved in an accident resuiting in injury or death ofany person or damage to any vehicle or other property damage, shall give hir na." and the numbff of the license plate of the vehicle he is driving and upon;equest; exhibit his driver's license to the person struck, or to the driver or occupant of, or pirson auending the vehicle collided with, and shall render reasonable assistance to any person injured in such accident. Section 70. Duty Upon Striking Another Vehicle - The driver of any vehicle that collides with any vehicle *trictr is attended shall immediately stop and submit himself voluntarily to traffic investigation. In case, the collision involves an unattended vehicle, the offending driver shall locate or owner ofthe struck vehicle for notification, or shall leave in a conspicuous place in the struck vehicle a written notice, giving his name and address, together with the license plate number, and a statement ofthe circumstances. The offending driver shall be apprehended and be charged accordingly if he has committed a violation. Section 71. Duty upon Striking Fixtures on a Road - The driver ofany vehicle involved in an accident resulting only in damage to fixtures adjacent to a road shall take reasonable steps to locate and notify the owner or person in-charge of such property, and shall give his name and - 4lfJ, Ordinance No. 084 Series of 2015 Page l9 of 42 address and the number ofthe license plate of the vehicle he is driving, and upon request exhibit his driver's license and shall make a report ofsuch accident as required by this Ordinance. If the driver struck and destroyed a fixture, facility or property of the City, he shall pay the corresponding damages equivalent to the amount of such fixture, facility or property. Section 72. Report of Accidents (a) The driver of any vehicle involved in an accident resulting to injury or death of any person shall, immediately by the quickest or faster means of communication' give notice ofsuch accident to the nearest police precinct or local traffic authority. (b) The driver of any vehicle involved in property damage, shall make an agreement with the person whose property is damage, that is' as to the amount of property damage sustained. However, if no agreement can be reached between the two parties, the accident shall be reported immediately to the police department. (c) Every law enforcement officer, who's in the regular course of duty, investigate a motor vehicle accident of which report must be made as provided herein, either at the time of and at the scene ofthe accident or thereafter by interviewing participants or witnesses, shall, within twenty four (24) hours after completing such investigation, forward a written report of such accident to the CTMDO' Section 73. Accident Report Forms (a) The wriften accident reports to be made by persons involved in accidents and by the investigating offrcers shall contain all sufficient detailed information in order to disclose with reference to such accidents the causes, existing conditions and the persons and vehicles involved. (b) Every accident report required to be made in writing shall be accomplished on the appropriate form prescribed by the traffic police department and agreed with national agencies. The report shall contain all the information required in the form, unless not available. Section 74. Repair Shop/Garage to Report - The owner or person in charge of any repair shop or garage to which motor vehicle brought showed evidence of having been involved in an accident, in the commission of crime, or struck by a bultet, shall report to the nearest police precinct within twenty four (24) hours after such motor vehicle is received, giving the engine number, plate number, the name and address of the owner or driver of such vehicle, and a description ofthe suspicious or unusual circumstances. The shop/garage owner shall be imposed with the maximum penalty of P5, 000.00 if he failed to report to the police authorities about the crime-involved vehicle. Section 75. Accident Reports: confidential - All accident reports in writing made by the person involved in the accident or by repair shops/garages, shall be for the confidential use of the police department or other City agencies concemed who have asked for the records for accident prevention purposes, except that the police depa(ment may disclose the identity of a person involved in an accident to the aggrieved party when his identity is not clear or when such person denies his involvement in the accident. The appropriate police authorities shall, upon written demand by the aggrieved party or by the Court of Justice, issue a certification of said report of accident. Section 76. When the Driver is Unable to Report - (a) An accident report is not required under this Article from any person who is physically incapable of making report during the period ofsuch incapacity. (b) Whenever the driver of a vehicle is physically incapable of giving an immediate notice ofan accident as required and there was another occupant in the vehicle at the time of Ordinance No. 084 Series of 2015 Page 20 of 42 the accident capabte doing so, such occupant in the vehicle shall make a report in behalf of the incapacitated driver, or if the driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident, shall within five (5) days after leaming of the accident make such rePort; Section 77. Responsibitity to Tabutate and Analyze Accident Reports - Without infringing on the authority of the Police, the CTMDO shall tabulate and analyze all accident reports and shall pubtish annually the statistical information based on the number and circumstances of traffic accidents. section 78. Copies of Reports to be furnished to the office of the city Mayor - The head of the PNP Traffic shall prepzre a monthly report to the City Mayor, of all accidents/incidents involving motor vehicles occurring within the City, copy fumished the Office of the Vice Mayor, in his capacity as Presiding Offrcer ofthe Sangguniang Panglungsod. ARTICLE XII - OTHER ROAD USERS OF CITY STREETS section 79. Trallic Laws Mandatory to other Motorized-wheeled Equipment, Persons Riding Motorcycles, Tricyctes, Bicycles and Animal-Drawn carriages - The provision of this Oidinance granting right to an imposing duties and responsibilities, shatl apply to every person operating a motorized two or three-wheeled equipment and persons riding a bicycte, motorcycle, tricycle and animal-drawn carriage, upon a road or in a public place, except those provisions that by their very nature, are not applicable' section 80. Motorcycles - The regulations applicable to motorcycles shall apply whenever motorcycles are operated upon any road or upon any path set aside for the exclusive use olsuch motorcycles. Section 81. Safety Helmets for Motor Cyclists - (a) A driver and his rider riding a motorcycle in motion shall wear safety helmet on their heads securely fastened under their chins. (b) A safety helmet referred herein must comply with the standards set by the proper authority. (c) A person shall not drive a motorcycle while wearing a safety helmet to which is attached an eye protector unless that eye protector compiles with the standards set by the proper authority. (d) All residents of the City who own or use motorcycles shall register their safety helmets with the CTMDO which will issue number-controlled stickers for posting on both sides of the helmet. Section 82. Tricycles - The rules and regulations applicabte to tricycles shall be covered and prescrib€d by the Tricycle Code of Marikina City. Section 83. Bicycles and Pedicabs - The rules and regulations applicabte to the bicycles shall be covered and prescribed by the Bicycle code of Marikina city, while the operations of pedicabs in the City shall be covered by this Ordinance wherever applicable and other applicable ordinances therefore. Section 84. License Required - All bicycles, motorcycles, tricycles, pedicabs, and animal0drawn carriage, owned by residents of the City, shall be registered with and issued license plates and/or body numbers by the CTMDO upon payment of the required fees. Itrd Ordinance No. 084 Series of20l 5 page 2l of42 Section 85. Riding on Bicycles, Motorcycles or Tricycles - (a) No person shall ride a bicycle, motorcycle or tricycle with does not have a permanent and regular seat attached to it. (b) No bicycle, motorcycle or tricycle shall carry at one or more person that is required. (c) No person shalt ride a bicycle without having at least one hand on the handlebar of the bicycle. (d) Whenever a bicycle lane is provided, the rider of a bicycte shall use and travel on the said lane. (e) No person shall ride a bicycle within the distance of two (2) meters behind or at the rear of a moving motor vehicles. (f1 No person shall drive a tricycle on a national highway or on a road prohibited for motorcycles. Section 86. Hitching of Bicycles on Motor vehicles - A person riding a bicycle shall not physically aftach or hitch himself on any moving motor vehicle. The driver of the moving vehicle shall not permit or allow any bicycle rider to attach or hitch on his vehicle. section 87. Riding More Than two Abreast - Except on a bicycle lane, no person shall ride a bicycle so that it is traveling abreast of more than one bicycle. a bicycle shall be deemed to be abreast of another bicycle it nay part of it is by the side ofany part ofthe other. Section 88. Animal-Drawn Carriages on Roads - the regulations applicable to animal-drawn carriages on roads shall apply whenever animal-drawn carriages are operated upon any road upon any path set aside for the exclusive use ofsuch carriages. ARTICLE XIII - LIGHTS, WARNING SIGNALS, ETC. section 89. Lights on Moving vehicles - No person shall drive a motor vehicle or a combination of a motor vehicle and trailer between sunset and sunrise, unless the motor vehicle or combination thereof, is equipped with appropriate lamps and reflectors prescribed as mandatory by the LTO, and the lamps are lighted. Section 90. Dimming of Headlights (a) The driver ofthe motor shall dim the headlight or tilt the beam downward whenever the vehicle is approached by another vehicle traveling in the opposite direction. I when the other vehicle reaches a point of two hundred (200) meters from his motor vehicle; or 2. immediately when the light projected by every headlight or the over vehicle is switched to low beam shall cause every headlight of his vehicle to remain on low beam until the other vehicle has passed. (b) No person shall drive a motor vehicle without the required headlights that are capable of being operated on low beam. Section 91. Light on Stationary Motor vehictes - (a) No person shall leave a motor vehicle waiting on a road during night time with lamp of a power exceeding seven (7) watts lighted and showing to the front, except while the vehicle is loading or unloading passengers, or is compeiled to remain stationary by the exigencies oftraffic. (b) No person shall leave a motor vehicle or a trailer waiting on or partly on any thoroughfare between sunset and sunrise, unless that motor veliicle or traiier is equipped withn: z Ordinance No. 081 Series of20l5 Page 22 of42 1 two (2) lamps (one on each side) showing a clear white light to the front and clearly visible under normal atmospheric conditions at a distance of one hundred eighty (180) meters, or where the motor vehicle or trailer is waiting on or adjacent to the boundary of the thoroughfare, one such lamp shall be on the side of the motor vehicle or trailer near to the center of the thoroughfare; 2. Appropriate rear lamps, number-plate lamps, front and rear clearance lamps and reflectors prescribed as mandatory by the LTO and the lamp so aIfixed are lighted. (a) Paragraph (b) of this Section may, or shall not apply l. where the street lighting in the vicinity renders the motor vehicle or the trailer clearly visible at a distance of 180 meters; or 2. lo any motorcycle not connected to a sidecar, trailer left waiting parallel to and near as practicable to the boundary ofthe thoroughfare. Section 92. Portable Warning Signs for Disabled vehicles - (a) No person shall drive a vehicle on a road, or permit a vehicle to be driven, unless that vehicle carries a po(able early warning device (EWD) complying with the specifications prescribed by the LTO. (b) Whenever a disabled vehicle is stationary on a thoroughfare, the portable EWD shall be placed one to the rear of the vehicle and one to the front side nearer to the center ofthe thoroughfare at a distance prescribed by the LTO to vie reasonable warning to approaching drivers. (c) Nothing in this Section shall affect any duty imposed by this Code to display lighted lamps on stationary vehicles. Section 93. Interior Lighting - Adequate Interior lighting are required in all passengers buses and jeepneys, including public utility tricycles. Luminous bulbs with not less than 32 Candte Power (CP) are to be installed inside the vehicle or sidecar in case of tricycle. The use of dimly- lit/multi-colored lights is prohibited. Section 94. Lights and Other Equipment on Bicycles and Pedicabs - (a) No person shall ride or propel a bicycle or a pedicab between sunset and sunrise, unless it is equipped with a lighted white lamp on the front; a clear red light at the rear, or a red reflector sticker on the back side of the bicycle saddle and at rear tubular part of the back chassis to serve as visible waming signs, or at the rear mud gear of the bicycle. Reflectorized stickers shall also be installed on the fiont, side and rear ofthe sidecar, in case of a pedicab. (b) Such lamps and reflectors shall be of the types and affixed in the positions prescribed by the proper authority and shall be kept clean at all times. (c) No person shall ride a bicycle unless it is equipped with an efficient brake and an efficient bell or some other suitable waming device. Section 95. Lights on Animal-Drawn Vehicles - No person shall drive or permit any animal- drawn carriage or vehicle or any trailer attached to it to be in any thoroughfare between sunset and sunrise, unless the vehicle or trailer is equipped with appropriate front and rear lamps, clearance lamps and reflectors, as prescribed by authority and the lamps are lighted. All reflectors and lights prescribed under this Section shall be kept clean and shall not be obscured bay any part ofthe vehicle or its [oad. Section 96. Lights on Towed Vehicles - No person shall, between sunset and sunrise, drive a motor vehicle which is towing another vehicle unless a lighted lamp is auached to the portion of the towed vehicle facing any following vehicle, with a power not exceeding seven (7) watts showing a clear red light visible under normal atmosphere conditions at a distance ofone ,dn Ordinqnce No. 084 Series of20l5 Page 23 of42 hundred (100) meters which lamp is so placed that its center is not more than one meter above the gound; and it is in the center or to the left side of the center of that portion of the towed vehicle which faces any following vehicle. Section 97. Flashing Warning Lights (a) No person shall drive or leave waiting a vehicle on which is mounted a lamp displaying intermittent flashes, excePt. 1. a lamp displaying intermittent red and/or blue flashes on top of an emergency vehicle; 2. a lamp intermittent amber flashes on top of; a tow truck or motor breakdown service vehicle at the scene of an accident or breakdown; or Vehicle used by a govemment, public or local authority in connection with its functions and occupying a hazardous position on the thoroughfare' (b) A motor vehicle moving or stationary in a hazardous position on a thoroughfare because ofan emergency situation, shall display such flashes from both sides ofthe front and rear of the vehicle by means of a flashing lamp signaling devices or EWD; provided, that display ofsuch fiashes and the operation of the EWD are in accordance with specification of the LTO. Section 98. Spot LamPs (a) No person shall cause or permit any spot lamp or search lamp connected to any vehicle to bi lighted unless the vehicle is stationary and the lamp is used only for the purpose of reading a road map; and the vehicle is outside a built-up area and the lamp is lighted and used only for the purpose ofreading a road sign. (b) The provision of Paragraph (a) of this Section shall not apply if the vehicle is an emergency vehicle which is being used by law enforcement agencies in the performance of their official function. Section 99. Mufflers and noise Controlling Devices - No person shall operate a motor vehicle on a street unless such motor vehicle is equipped at all times with a muffler/s in constant operation and of sufficient capacity for the motor engine, and equipped with exhaust system to prevent the escape of excessive fumes or smoke and unusual noise. The intensity of loudness level emanating from all kinds of motor vehicles, whether private or public utility shall be regulated to a maximum of 90 decibels (dB). Owners or operators of motor vehicles within the territorial jurisdiction of the City shall, at all times, ensure that their vehicles comply with the exhaust emission standards set forth in Republic Act No' 8749, otherwise known as the "Philippine Clean Air Act of 1999", and its implementing rules and regulations. Section 100. Front Windshields not to be Obstructed and Equipped with Wipers - (a) No person shall drive any motor vehicle with stickers, posters, and other non-transparent materials on the front windshield which obstructs the driver's clear view ofthe road or highway. (b) Posters or stickers issued by the proper authority shall be placed at the lower right hand comer of the front windshield. (c) No person shall drive any motor vehicle with any non-lransparent material or object suspended on the windshield area as viewed from the driver's seat nor shall any person drive any motor vehicle where the hood of such vehicle is attached with any fixture or material omament which can impair or block his view of the road, or which can be detached and break the front windshield of the vehicle,: Ordinqnce No. 084 Series of2015 Page 24 of42 (d) The windshield on every motor vehicle shall be equipped with a wiper for wiping off rain water or raindrops and moisture from windshield and shall be maintain in good working order. ARTICLE XIV - WEIGHT, SIZE AND LOAD Section 101. Gross Weight, Axle and Wheel Loads - No motor vehicle or trailer or combination of such vehicles, equipped wholly with pneumatic tires, which has a total gross weight including vehicle and load, in excess ofthe requirements prescribed as mandatory by the LTO, shall be operated or moved on any public road, street, or highway. Section 102. Projecting Loads on Passenger Vehicles - No passenger type vehicle shall be operated on any road with a load thereon projecting beyond the extreme width of the vehicle, regardless ofthe nature ofthe property or material being transported. section 103. Load(s) to be Properly secured - No vehicle shall be driven or moved on any road (a) Unless such vehicle is constructed or loaded so as to pfevent any of its load ftom dropping, shifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of traction, or water or other substances that may be sprinkled on a roadway for the purpose ofcleaning or maintaining the roadway; (b) With any consisting partially or entirely of loose paper, empty cartons, crates, or any other material susceptible of being blown or carried by the wind, unless such load is entirely covered with tarpaulin, net, canopy or other suitable covering material, effectively preventing any part of such load from being blown or carried by the wind. Section 104. Police Officer may Weigh Vehicles and Require Removal of Excess Loads - (a) Any traffic officer having reason to believe that the weight of a vehicle and load is unla*4ul, is authorized to require the driver to stop and submit to weighing by means of portable or stationary scales and may require that vehicle be driven to the nearest public scales in the event such scales are within two (2) kilometers. (b) Whenever an officer upon weighing a vehicle and load as above provided, determine that the weight is unlawful; the officer may require the driver to stop the vehicle in a suitable place remain standing until the portion of the load is removed, as may be necessary, to reduce the gross weight of the vehicle to such limit as permitted. All material so unloaded shall be cared for by the owner ofthe vehicle at their own risk. Section 105. Restriction on the Use of Bridge - No person shall drive or operate any motor vehicle having an aggegate weight of a vehicle and load in excess of the specified allowable weight indicated by a sign on the approach ofany bridge in the City. Section 106. Permit to Move Equipment and/or Load of Excessive Weight, Width or Height (a) No vehicle shall moved, transported, or caused to be moved through the City streets having an equipment and/or load of excessive weight, width or height unless a permit or clearance has been issued by the CTMDO. (b) All application for the required permit under this Section shall be made in writing to the CTMDO, and shall contain the following: 1. Description ofthe vehicle, equipment and/or load to be moved; 2. Street location or other identi$ing description of the place to which the same is to be moved; 3. Complete designation of the route is to be followed; 4. Measurement of height, width and length; 5. Time at which the movement of the vehicle will commerce and terminate;, Odinance No. 084 Series of 201 5 Page 25 of42 6. The application shall have filed with the permit-issuing office, a certificate ofany insurance carrier certifying that there is a comprehensive liability insurance covering said applicant and his authorized agents, administrators and heirs in case of body injury or death of one or more person in any accident or damage to or destruction of property. (c) The CTMDO may change and designate another route to be followed or the time during which the movement shall be made prior to the issuance of a permit ARTICLE XV _TRUCK BANS AND PUBLIC TRANSPORT ROUTES Section 107. Truck Routes and Limited Truck Ban - (a) Cargo trucks, gravel and sand trucks, and other heavy-tonnage cargo trucks with eight (8) wheels and up, or whose gross vehicle weights exceed 4,500 kilograms' including tractor trailers or containerized haulers, shall not be allowed to travel on any city streets with no more than two lanes, except along the streets specified as truck routes in Appendix The use of truck routes shall be restricted to the hours between 9:00 A.M. through 4:00 P.M., and from 9:00 P.M. through 5:00 A.M- of the following day. (b) Light-tonnage trucks, such as those used in the delivery of construction materials, gravel and sand, shall pass and travel in designated routes within the City. They shall be allowed only to travel on streets designated, if the truck driver can show or exhibit proof, such as delivery receipts or travel documents proving that they are making deliveries from a site or area where he has to traverse a prohibited street, or he is already bound to the truck garage or to his home base' The City Mayor may, upon recommendation of the CTMDO, ban the access for limited hours of any cargo truck and heavy vehicles on any street or streets when conditions warrant and in order to ensure orderly traffic flow. Section 108. Routes of Public Utility Buses and Jeepneys - Public utility buses and jeepneys, including mega-taxis and shuttle vans, with valid authorization or franchise from the LTFRB and whose routes terminate or originate within the Marikina City, shall fumish the CTMDO and the PUTFRB of Marikina a copy each of their approve routes. The subject transport groups shall adhere to their approved routes only. Without necessarily modifling their authorized routes, the PUTFRB of Marikina may adjust the tuming point and terminals of public utility vehicles, prescribed their loading or unloading points, and/or require them to utilize passenger interchange terminals, if so required by an approved traffic improvement scheme. Section 109. Routes of Tricycles and Pedicabs - The routes oftricycle and pedicabs, in so far as application for and granting permit as a public transport for hire, shall continue to be governed by this Code. However, in the granting or revision ofroutes or areas ofoperations, the recommendations of the CTMDO shall be given consideration to ensure safety and minimize their traflic impact. In no case shall tricycles and pedicabs be permiued along national roads with heavy vehicular traffic, or operate along bus or jeepney routes. In the absence of off-street tricycle terminals or stations, the number of tricycles operating or to be operated maybe restricted or curtailed on a thoroughfare 1o minimize traffic congestion. Under such situation, no additional units shall be franchised. ARTICLE XVI DUTIES AND RESPONSIBILITIES OF DRIVERS/OWNERS OF A MOTOR VEHICLE Section 110. License, Motor Vehicle Registration and Other Requirements -, Ordinance No. 084 Series of 201 5 Page 26 o/ 42 (a) Only persons with valid driver's license duly issued by the LTO shall be allowed to drive a vehicle. (b) License restrictions must correspond to the type of motor vehicle being driven. (c) Driver's license must, at all times be with or in actual possession off the license while driving or operating a motor vehicle. It must be shown/surrendered to traffic enforcers when demanded. (d) The use of expired or fake Traflic Violation Receipt (TVR) is lieu of Driver's License shall not be allowed and shall be subject to penalty. (e) Only registered motor vehicles with proper registration and license plate shall be allowed to ply the strcets. Motor vehicles body number, engine number and color must correspond with the description in the registration papers/certificate, official receipt (RP/CR/OR) that must be carried in the vehicle, and must be shown and surrendered to traffrc enforcers when demanded. (0 Driving while wearing sleeveless shirts or when wearing slippers is not allowed. (g) Driving while using mobile or cellular phone or similar device is not allowed, unless the driver is using ..hands-free" phone, or the phone is attached to a bracket thus, making both hands free to steer the vehicle wheel. Section 111. Driving Under the Influence of Drugs or Liquor - Strictly Prohibited - Driving while under the influence of drug or liquor or intoxicated by an alcoholic drinks that could impair sound driving is strictly prohibited. A drug-influenced driver shall be meted with punishment as prescribed by the Dangerous Drugs Law. Section 112. Student Driver's Permit - No person possessing a student driver's permit shall operate a motor vehicle unless accompanied by a duly licensed driver who shall act as instructor to the student driver. The accompanying duly-licensed driver shall likewise be responsible and liable for any violation of the provisions of this Code and for any injury or damage done by the motor vehicle on account, or as a result of its operation by a student driver under his direction. Section 113. Tourist-Driver's License - A bonafide tourist or foreign transient who possesses an intemational driver's license or driver's license issued by their respective countries may be allowed to operate a motor vehicle in Marikina during, but not, after nine (9) days of sojoum in the Philippines. In case of accident that involves a tourist, who, upon investigation was found to be incompetent to operate a motor vehicle, shall be informed in writing that he shall not longer be allowed to operate a motor vehicle in the City. Section 114. Use, Posting or Display of Fake/Unauthorized I.Ds, Stickers, Etc. - (a) Only valid and regularly issued Ids. plates, stickers and tags shall be allowed to be displayed or posted on a properly designated part of the motor vehicles. (b) Use, posting or display of fake identification cards, plates, stickers, etc., particularly those with reference to law enforcement agencies, including tampered, marked, unauthorized and improvised plates, are strictly prohibited. (c) It is also prohibited the improper and inconspicuous display and transfer of plates, and posting of tags and stickers. (d) Unauthorized stickers and decals on front windshields of all PUVs plying within the City are strictly prohibited. Section 115, Roadworthiness of Motor Vehicles - (a) The driver or operator of a motor vehicle shall see to it that his motor vehicle is in good running or made in worthy condition equipped with appropriate and functioning safety gadgets, accessories while on the road, e.g., brakes, signal lights, tail lights. headlights, stoplights, wiper, side mirror, etc. (b) Dilapidated motor vehicles, together with right-hand drives, are classified as road unworthy and road hazards. Ordinance No. 084 Series of20l5 Page 27 of 42 Section 116. Throwing of Litters, Injurious Materials or Substances on Roads' Streets, and Highways - It shall be unlawful for any driver or person(s) inside any vehicle to willfully or intintionalty throw small garbage or litters of any material or substances on any road, street or highway in Marikina City. This includes food wrappers, empty bottles, cans, boxes, cigar/cigarette butts (lighted or not), nails, tacks, used oil and other liquids or substances that can likely cause accident, injury and dirt on the thoroughfare. section 117, Clearance Required for change of color or Engine of Motor vehicles - Any person who shall undertake to change the color or the engine of a motor vehicle shall first secure a certificate of clearance from the Philippine National Police: Provided, that no such clearance from issued unless the applicant shall present a statement under oath containing the type, make and serial numbers ofthe engine, chassis and body of the motor vehicle. Section 118. Tampering of Vehicle, Unauthorized Attachment(s) - Unauthorized tampering of any body part of the vehicle is prohibited and this includes tampering of engine/chassis numbers, license plates, changing registered sign boards, extending the body, attaching any danger prone appurtenances, and such other unauthorized attachments. Attaching a faked license plate number or a license plate belonging to another vehicle is absolutely prohibited. ARTICLE XVII PUBLIC UTILITY VEHICLES REGISTRATION AND VEHICLE REQUISITS Section 119, Mandatory Requirements for All Public Utility Vehicles Operating in Marikina City -All public utility vehicles (PUVs) described under the provisions of Republic Act No. 4136, otherwise known as, "The Land Transportation and Traffic Code of the Philippines", and the "Public Service Law", that operate and traverse the streets of the City, are required to registered with the LTO and to have franchise or permit to operate from the LTFRB, Public utility tricycles and pedicabs must have a franchise or permit to operate from the PUTFRB of Marikina City. Section 120. PUJ Registration with the PUTFRB of Marikina City - Public utility jeepneys operating and plying routes to and from the City of Marikina, before being allowed to operate on any public street or highway within the City, shall be subject to the following regulations: (a) They shall register with the PUTFRB of Marikina, and shall be issued by the CTMDO with regulation stickers to be posted on the front windshield ofthe vehicle; (b) Each driver shall possess an Identification Card (1.D.) issued by the CTMDO which shall be displayed conspicuously inside the vehicle for passengers view. Fees for Driver's ldenti/ication Card and Supervision Sticker (Ordinance No. 143, Series of 2009) (a) For Public Utility leepney L CTMDO-issued Driver's Identification Card Php 70.00 (Validity:One( I) year) iL CTMDO-ksaed Supervkion Sticker Php 80.00 (Validity : One ( I ) year) (b) For Public Utility Tricycle L CTMDO-issued Driver's ldentijication Card Php 70.00 (Va I id ity : Tw o (2) y e a rs ) iL CTMDO-issuedSupervisionSticker Php 70.00 (Validily :One ( I ) year) (c) The registration of the vehicle shall be made in an annual basis and shatl be subject for f:r renewal upon expiration thereo Ordinance No. 084 Series of 2015 Page 28 of 42 (d) The use or possession of tampered or fake regulation stickers and drivers Identification card is punishable. Section 121. SUV/T'X Taxi and Shuttle Services Vehicle Registration With the PUTFRB of Marikina - All SUVs/ FX taxis and shuttle service vehicles operating within Marikina City, having terminals and plying routes originating from Marikina to their points of destination and then back to their Marikina terminal, shall be subject to the following regulations: (a) They shall be registered with the PUTFRB of Marikina, and shall be issued by the CTMDO with regulation stickers to be posted on the front windshield of the vehicle; and (b) Their drivers shall posses an Identification Card Q.D.) issued by the CTMDO which I.D. shall be displayed conspicuously inside the vehicle for passengers view; (c) The registration of the vehicte shall be made in an annual basis and shall be subject for renewal uPon exPiration thereof; (d) The use ofpossession of tampered or fake identification card is punishable; (e) They shall be required to secure a clearance from the CTMDO prior to applying for a business permit with the Business Permit & Licensing Office of Marikina (BPLO). Section 122. False Representation in Registration - Fake License Plate or Imitated Registration - No person shall, intentionally and knowingly, and with intent to deceive, make any false or fraudulent representation in the application for registration of his motor vehicle, nor attempt to use a fake licensed plate and an imitated or simulated certificate of registration in the operation ofthe motor vehicle, or for fraudulent use in the sale or transfer of the vehicle. The use of delinquent, revoked or suspended certificate of registration and license plate is absolutely prohibited. Section 123. Color Coding of Public Utility Jeepneys (PUJs) Operating in Marikina City - All PUVs plying or operating within Marikina City shall be assigned with color schemes (see APPENDIX "C") in accordance with their LTO-franchised routes. The color code shall be contained on both sides of the vehicle with a base color and letter color, together with their designated routes. Sectionl24. Garbage Receptacles in All PUVs Operating within Marikina City - All PUVs registered with the PUTFRB or CTMDO and operating within Marikina City are required to have inside their vehicles a garbage receptacle or trash can for small litters ofpassengers. Section 125. Anti-Drug Slogan Sticker, Interior Light and Alarm Light for PUVs - all PUVs operating within the City are required to install or post: (a) Anti-Drug Slogan Sticker in their vehicles. (b) An interior light inside the vehicle with not less than 32 Candle Power luminous bulbs. The use of dimly lit/multi-colored lights is strictly prohibited. (c) An alarm light or signal light that can serve as public waming in the occurrence or commission of a crime is transporting inside the vehicle. Section 126. Accessories of PUVs - PUVs shall be equipped with appropriate and adequate accessories and amenities for public safety and passengers comfort and convenience. Any unauthorized installation of any material, appurtenances, gadgets, and the like that may pose harm and injury, both to the passengers and the public shall be prohibited. The use of unauthorized colored lights, dark glass tints, etc. is likewise prohibited. ^6 Ordinance No. 084 Series of20l5 Page 29 of 42 ARTICLE XVIII - PUBLIC UTILITY VEHICLE OPERATIONS Section 127. Conditions of Operations - (a) Operators of public utility vehicles shall not allow another to use their commercial or business name ("Kabit System") nor allow improperly licensed or unlicensed person to drive a PUV; (b) ..colorum" PUVs or those without LTFRB lranchise shall not be allowed to be registered with the PUTFRB of Marikina, and shall be prohibited to operate within the CitY; (c) Operators shall maintain their vehicle in clean and sanilary condition and equipped and painted with the required signs, such as, for hire, trade name, operator's name and address, etc; (d) Public utility vehicle shall ply their approved routes, as stated in their franchise. Authorized routes must be properly painted on the PUV pursuant to LTO regulations. Failure or erroneous or improper painting of authorized route shall create a presumption that the PUV is not plying on its authorized route or it is out of line; (e) When plying, PUV should carry with the copy of franchise/CPA/PA for presentation to traffic enforcer when demanded for verification; (f) PUVs shall comply with the color coding, vehicle volume reduction program and similar vehicle volume mitigation programs; (g) Fare matrix must be conspicuously displayed in the PUV; ih; Drivers ofPUV, including public utility tricycles and pedicabs are required to post their identification card (1.D.) with 2x2 picture containing the name of the owner/operator/driver and their addresses on the front of the windshield inside their vehicle. Section 128. PUV Drivers/Operators Associations - Drivers/Operators of PUVs operating within Marikina City may form a organize their own associations, provided they shall be duly registered with the Securities & Exchange Commission (SEC) and accredited by the PUTFRB of Marikina. PUV association with the same franchised route and destination shall merge and organized as one association only. Section 129. PUV Terminals - The PUTFRB, in coordination with the cTMDo, shall designate separ.rte terminals for each PUV association Designation of terminals shall be subject to an enactment ofan ordinance for that purpose. A terminal, designated and assigned exclusively to a PUV association with a specific franchise route of operation, shall not be used by another PUV association. Parking of private vehicles or the use ol the same for some other purpose(s), other than as a terminal, shall be prohibited. Section 130. Unauthorized Use of Terminals - The use of a terminal by a PUV association or any of lafter's members, which is validly designated to another PUV association shall be prohibited. "Colorum" PUVs are likewise prohibited to use or utilize the terminal. Section l3l. Operation/Activity of Barkers (Passenger Callers) in PUV Terminals - Barkers or Passenger Callers shall be allowed in PUV terminals, provided that: (a) The barker or passenger caller shall be registered with the CTMDO and they shall be issued identification cards. (b) He or she shall wear a uniform prescribed by the PUV association. (c) He or she shall always wear his identification card while performing his calling activity. (d) He or she shall not be doing the calling activity outside the PUV association terminal area or at any.d o^ther terminal. , Ordinance No. 084 Series of20l5 Section 132. PUV Driver's Obligations, Duties, and Responsibilities - (a) A driver of a pubtic utility vehicle within the City must always posses in his person his valid driver license, be duly registered with the CTMDO and issued with an Identification Card which must be conspicuously hanged or displayed on the front ofthe windshield inside the vehicle he is driving. He shall likewise ensure that no unauthorized sticker(s), decals and the like shall be posted on the front windshield of the vehicle except, those authorized by the LTO and the CTMDO; (b) He shall not lend or otherwise allow any other person to borrow or use his license. Both the lender and the borrower shall be fined and penalized. In case of loss of his driver's license, he is required to report immediately to the LTO such loss. He is also required to report to the concemed LTO any change of his address' (c) It shall be his duly to comply with all traffic rules and regulations, to obey all traffic signs and signals, must observe road courtesy and hygiene, at all times. (d) He shall not use a cell phone and smoke cigar or cigarette while driving the vehicle. As provided in this Ordinance, he shall not be driving a vehicle while under the influence of drug, liquor or any alcoholic drink. (e) He shall be dressed neat and clean, or in proper uniform. Naked driving or wearing of "sandos", or sleeveless shirts and sandals or slippers, shall not be allowed; (f) He must show respect and courtesy to his passengers strictly, his fellow drivers and the pubtic shall not give preference to passengers, or unjustly discriminate or refirse conveyance for reason of religion, color, race or creed, lowly station in life, etc. He is obligated to transport the passengers to their point ofdestination; (g) He shall not make any trip cutting: (h) He shall not allow overloading or permit any person to ride on the running board, step board, front hood,/bumper, or top roofofthe vehicle, nor allow hitching; He shall not overcharge fares on passengers, nor enter into any kind ofcontract services in violation ofthe franchise; O He shall respect preferential right of pedestrians on their use of pedestrian lanes by way ofkeeping such lanes open, and shall stop to allow pedestrians to cross. The driver shall always anticipate and be aware of crossing pedestrians, especially during traffic congestion; (k) He shall always ensure the roadworthiness of the motor vehicle by having a regular check-up ofthe vehicle's operalional condition before operating the same; (l) In case he is operating a taxi, he shall not operate the same without meter or with uncalibrated or tampered taximeter seal, broken sealing wire, etc. (m) In case of involvement in any accident, he shall stop, exhibit his driver license upon request, and shall not leave the scene of the accident. As required and necessary, he shall provide aid to the victim, such as, giving first aid, or bringing him to the nearest hospital. His leaving from the scene of the accident may be justified only under the following circumstances: 1. If he is an imminent threat or danger of being mobbed or harmed by the people because ofthe accident as testified to by his passengers; 2. lf he has to leave the scene to report the accident to the nearest police station, or to a traffic officer or enforcer; 3. If he has to bring the victim to a nearest hospital or a physician who provided medical attendance to the victim. Section 133. Seminar for Drivers of Public Utility Vehicles - All drivers of public utility jeepneys and public utility tricycles operating within the City shall undergo a seminar on traffic laws and road courtesy to be conducted by the Center of Excellence (CENTEX) of Marikina and must be issued a certificate of attendances.- d Ordinqnce No. 084 Series of 2015 Page 31 of42 ARTICLE XIX_ PEDESTRIAN RIGHT AND DUTIES Section 134. Pedestrian Crossing if (a) A driver approaching a pedestrian shall travel at such a speed that, necessary to comply with this section, he will be able to stop his vehicle before reaching the pedestrian crossing. (b) A driver shall not load unload passengers on a pedestrian lane/crossing' (c) A driver shall, at all times, give way to any pedestrian who is on a pedestrian crossing. (d) A driver shall not permit any position of his vehicle to enter upon a pedestrian crossing even if any vehicle is headed in the same direction, is stopped on the approached side of. or upon the pedestrian crossing. Section 135. Duties of Pedestrians- A Pedestrian: (a) Shall have the exclusive right of use the sidewalk for their travel and the pedestrian lanes in crossing streets. On roads where there are no designated pedestrian lanes, he or she shall exercise care and cautions in crossing streets; (b) Is prohibited to jaywalk and/or make a running stride or dash in crossing busy streets, and is prohibited to cause any action that could interfere in the passage of vehicles or deter the free flow of vehicular traffic; (c) Is prohibited to travel or walk outside the sidewalk of a street or thoroughfare or on pavement thereof so as to obstruct vehicular traffic; (d) Shall alight from or board on any motor vehicle on designated loading and unloading zones only. In the absence of such zones, he shall ensure his own safety while boarding or alighting. (e) Is required to have a strict observance of traffic lights and hand signals ol traffic enforcers, as well as, of traffic laws and regulations; (f) Only on shall before crossing, stop at the side walk or curb, look at both sides of the street and make sure that there is no approaching vehicle. (g) When on a footway, marked cross-walk, or pedestrian crossing, shall keep as close as practicable to the right side ofthe footway, cross-walk or pedestrian crossing. (h) When crossing a thoroughfare at an intersection, shall keep right of pedestrian crossing in the opposite direction. (i) When crossing a thoroughfare or position of a thoroughfare, shall do so promptly by shortest and the most direct route, as maybe practicable, to the thoroughfare boundary. Section 136. Jaywatking in Streets Punishable - Any person apprehended for jaywalking or not using designated pedestrian lanes on city streets shall be meted with fine and penalty. ARTICLE XX - CITY ROADS - PROHIBITIONS & RESTR]CTIONS Section 137. Putting Sharp Objects, Slippery Materials or Substances on the City Roads' Streets, and Highways - It shall be unla*4ul for any person or person(s) to put a strew nails, tacks, glass, sharp objects, slippery materials or substances, and the like on the city roads and highways which could cause flat tires, slippage/skidding of the vehicle, or that could make the vehicle driver lost control or make the vehicle go wayward, resulting to accident and damage(s) to person(s) or property. Section 138. Tracking or Spilling Mud, Cement, Debris, Human and Animal Waste or Obnoxious Substance unto the City Roads, Streets, Highways - Spilling or tracking of mud, mixed cement, debris, human or animal waste and other obnoxious substance on public road which constitute hazard to the road, street or highway and health of pedestrians or nearby residents, or obscure the painted pavement markings thereon is/are strictly prohibited. In the_ Ordinqnce No. 084 Series of 2015 Poge 32 of 42 event that mud, mixed cement, debris, human and animal waste or obnoxious substance is spilled or tracked into the road, street, or highway, in addition to the imposable fine/penalty, the registered owner and/or driver ofthe motor vehicle or animal drawn cart, that caused the spilling or tncking, shall removed as quickly as possible the spill, otherwise, the removal shall be done by the City Govemment at the expense of the registered owner/driver of the vehicle or animal drawn cart. Section 139. Obstructing Roads - (a) A person shall not, without the written permission of the CTMDO, drive or leave standing any vehicle on a road for the purpose of: 1. Soliciting, employment or business from the vehicle; 2. Displaying an advertisement on the vehicle; or 3. Offering foods for sale from the vehicle. (b) A person shall not stand or place himself on a road for the purpose of: 1. Soliciting contribution or donations; 2. Display any advertisement; or 3. Offering goods for sale. (c) A person in a vehicle shall not buy or offer to buy an article from any person standing or placed on the road. (d) A person shall bar, impede or divert the flow or direction of traffic from any road, street or highway, unless authorized in writing or except when the closure of a road or any part thereof to traffic or the direction of traffic is dictated by reasons of emergency to protect the public from any calamity, fire or other public danger. (e) The prohibition contained herein shall also apply to the use of roads and sidewalks by any commercial establishments, vendors and repair shops or for personal purpose(s) of any person or individual whose residence is located on the front ofthe road or sidewalk. (f) Stalled vehicles on thoroughfare shall be considered as obstructing to traffic if not removed or towed. Section 140. Digging and Excavations on Existing Roads - (a) It shall be unlawful for any person or entities, whether on their own or as contractors to any private or government agency, local or national, to excavate or dig for the purpose of installing water pipes, telecommunication lines, poles, drainage pipes, and other underground facilities within roads, streets, thoroughfare and alleys without first securing an excavation permit from the CTMDO and the Office of the City Engineer of Marikina, except in cases of emergency, in which case the permit should be secured within three (3) working days. (b) The application for temporary closure ofa road or part of a road, due to diggings and/or excavation shall be evaluated first by the CTMDO and the City Engineer's Office so that timetable, remedial measures, and other precautions can be undertaken to minimize adverse effect on traffic flow. (c) Excavators/diggers must, at all times, put up road signs for precautionary measures to motorists and pedestrians alike, or safely signs waming ofexcavation works ahead. (d) All areas dug or excavated must be properly restored to its original form under the standard specification for road construction. To ensure restoration, the party undertaking the diggings or excavation shall post sufficient bond with the Office of the City Engineer to ensure restoration. The bond shall be forfeited in favor of the City Govemment if restoration work is not commenced within ten ( I 0) days after excavation had been authorized. Deposit shall be released within five (5) days after determination of the City Engineer or his authorized representative that the road has been restored satisfactory. , Ordinqnce No. 084 Series of 2015 Page 33 of 42 Section 141. Access Restriction on Some Roads (a) It shall be unlawful for any person, natural or juridical, to close, obstruct, prevent or otherwise refuse to the public or vehicular traffic the use of or free access to any subdivision or community street owned or tumed over to and within the jurisdiction of the City Govemment, or to exact fees in any form for the use thereof without any prior authority from the Sangguinang Panglungsod of Marikina. Such act is hereby declared a nuisance, per se, and the City Mayor is hereby authorized to remove such closure or obstruction and to open the said road to the ptblic motu propio at the expense of the offender. In case of illegal exaction, the offender shall be criminally prosecuted for violating this Ordinance. (b) Subdivision roads and/or other private roads not tumed over to the City may be opened to the public under the following conditions: l. the road will strengthen the road network and provide traffic relief to nearby roads, that are congested as may be determined by the CTMDO; and 2. The Sangguniang Panglungsod of Marikina has approved its opening with prior if notice to the Homeowner's or Neighborhood Association, any, under such terms and conditions that will minimize or obviate any disturbance, pollution, or inconvenience to the residents in the area. Section 142. Other Restrictions on the Use of Streets, Sidewalks and Public Places - The use of streets, sidewalks, avenue, alleys, bridges, parks, and public places in Marikina City for commercial and personal purpose are hereby prohibited. Such prohibited acts shall include, but not limited to the following: (a) Vending or selling foods, magazines, newspapers, cigarettes, brooms, watches or jewelries, shoes and other footwear, and/or any other items, including the buying ofgold and jewelries and money changing; (b) Conduct of shoe-shine; (c) Conduct of "religious" activities, such as preaching and soliciting aims or contribution; (d) Doing house chores such as, washing clothes, hanging clothes, and bathing; (e) Unauthorized used as vehicle garage and./or vehicle repair; Dumping garbage; (g) Setting up basketball court or for use as sports area; (h) Storing soft drinks, wine, liquor bottles or cases; (i) Drinking liquor or other intoxicating drinks and/or holding picnics or gatherings; O Storing or pilling of construction materials for sale, such as, pipes, tubings, lumber, cement, and the tike; (k) Extending house/stall/store/ and installing roofs or awnings; Installing permanent picket fence; (m) Putting plant boxes or planting shrubs and trees; and (n) Setting up signs or signboards on or above sidewalks; and (o) Those prohibitions and restrictions imposed by the "Disiplina sa Bangketa" of Marikina. Section 143. Illegalty-Built, Unauthorized Structures - Any illegally built or unauthorized structures constructed on roads, streets, avenues, alleys, sidewalks, bridges, parks and other public places that pose as obstruction(s) shall be demolished and removed without any prior notice. This applies electric/telecommunication/cable post or poles, as well as, those used for signs, streamers and advertisements, other apparatus and utility boxes. Section 144. Goods, Material and ltems on Streets on Sidewalks - All item, goods, and materials found, situated or stacked along roads, streets, avenues, alleys, sidewalks, bridges, parks and other public places, shall be removed by the Cify without any prior notice. They shall be treated as common or ordinary garbage and shall be disposed ofas such. Provided. that food commodities may be given by the City Govemment to prisoners of the City Jail. The City , 4f Ordinqnce No. 081 Series of2015 Page 34 of 42 Govemment shall not be held liable for any damage arising from removal, confiscation or disposal of said items. Section 145. Restriction on Animals and Livestock on Roads - No person shall owning, controlling or having possession of any livestock or animals, such as cattle, horses, swine, goats, etc. shall negligently permit any such livestock or animals to stray upon or remain unaccompanied by a person in-charge or in control thereofupon any city road. Section 146. Rotler Blade Skating / Skate Boarding - Roller blade skating, skate boarding, and the use of like-wheeted gadgets shall be prohibited in City streets. ARTICLE XXI - TOWING AND IMPOUNDING OF A VEHICLE' FEES & CHARGES THEREOF, AND DISPOSITION OF UN REDEEMED VEHICLE Section 147. Tow Trucks - The City Govemment of Marikina shall have its own tow truck to be managed and operated by the Traffic Management & Enforcement Division (TMED) - CTMDO. Section 148. Towing of Staled/Abandoned/Illegalty-Parked Vehicles - The following vehicles shall be subject to towing and./or impounding: (a) An illegally parked vehicle that is unattended or abandoned on a "No Parking" zone' or on areas where parking is prohibited, shall be towed and brought to a city-designated impounding area. The owner of the towed vehicle shall be issued with traffic citation ticket or ovR upon appearing in the impounding area for no-parking violation. The fines for such violation shall include towing fees and impounding charges. (b) An unanended stalled vehicles, if left or abandoned on the streets or public place, whether parking is allowed or not, but posing to be an obstruction to the free flow of vehicular, shall likewise be towed and brought to the city-designated impounding area. The owner of the towed vehicle shall be issued with a traffic citation ticket or OVR upon appearing in the impounding area for traffic obstruction. The fines for such violation shall include towing fees and impounding charges. (c) A stalled vehicle, as result of flat tire, empty fuel, or engine trouble, even if attended, shall also be towed to avoid being an obstruction to the free flow of vehicular traffic. The owner of the stalled vehicle, however, may request to tow his vehicle and be brought to the nearest l.ulcanizing shop, gasoline station, garage repair shop of his choice, or to the owners residence for as long as such destination are within the territorial jurisdiction of Marikina City. Provided, however, that towing charges of kilometers from origin of towing to the point of destination. A driver/owner of the vehicle cited under this Section, shall not be exempted from issuance of traffic citation ticket or OVR, ifthey are found to have violated any provision of this Ordinance. Section 149. Towing of Accident-Involved Vehicle - A vehicle involved in accident, after traffic investigation, shatl be towed and brought to the Marikina PNP Traffic Office. Towing charges, however, shall be paid by the driver or owner of the towed vehicle in accordance with the number of kilometers from the origin of towing to the impounding area. Section 150. Towing of Vehicles Involved in Crime - After investigation and upon request of the Marikina PNP; a vehicle involved in the commission of crimes, such as kidnapping, camapping, carjacking, robbery and such other crimes, may be towed by the TMED. The crime- involved vehicle, being a material evidence for police investigation and judicial litigation shall be brought to a police-designated impounding area where the vehicle can be given protection and security., ^f Ordinqnce No. 084 Series of20l5 j5 Page of 42 Section 151. Towing Procedures - (a) Upon receipt of the report on an unattended/abandoned stalled or illegally parked vehicle, or when spotted by the roving TMED crew, the tow truck shall immediately proceed to the location of the vehicle, engage the tow-hook thereof, and prepare the necessary traffic citation ticket or OVR, recording therein the following information: I Vehicles plate number, color and type of vehicle; 2. Vehicles condition and such other description, as necessary; 3. The time and exact location when the vehicle was found to be illegal parked; 4. The total amount of fine or penalty for no parking violation, to include the towing charges; The name of the tow trucks crew supervisor, and plate number of the tow truck; 6. The designated impounding area or location where the towed vehicle shall be brought. The vehicle to be towed, once hooked and clamped to the tow truck shall not be subject of any intercession by the driver or owner of the vehicle or whosoever, the traffic citation ticket or OVR shall be handed to the driver/owner for his signature and acceptance, that is, if he is around or will show up. In case the owner/driver is not present, the accomplished traffic citation ticket or OVR shall be brought by TMED tow crew to the impounding area for filling and recording. The towing crew may request bystanders/witnesses to the towing, to give notice to the driver/owner of the towed vehicle. Should the driver/owner refuse to accept the traffic citation ticket or OVR, the same shall be noted by the tow crew supervisor with a notation that the driver/owner refuses to accept, that is, before the vehicle is towed. When the tow truck stats to move within the first minute after towing, the tow truck supervisor shall advise the TMED Office by radio or other means of communication the times they left the area where the vehicle was found and estimated time if their arrival in the impounding area with the towed vehicle. (e) Upon reaching the impounding area, the concemed unit if the TMED shall make a recording of all the information submitted by the tow truck crew in a logbook' Section 152. Towed Vehicle under Police Watch list - If the Vehicle towed and impounded was found and verified to be in the police watch list as a camapped, carjacked or involved in the commission of crime, the matter shall be reported to the Marikina PNP by the TMED, and for legal or investigative purposes, the latter shall request advice or instruction therefrom as regards to the place of impounding of the vehicle. Section 153. Towing Fees - (a) The following fees are hereby prescribed for towing of unattended/abandoned stalled/illegally park vehicles in the streets of Marikina City. Type/Load of Vehicle Towing Fee Class A (Cars, jeepney, and light vehicles) Php 1,000.00 Class B (Delivery vans, trucks not more than 4,000 kilos gross weight) Php 1,500.00 Class C Buses, trucks, heary equipment weight) Of more than 4,000 kilos gross Php 1,800.00 (b) The above towing fees shall be inclusive of the fine and penalty for the "No Parking" and "Obstruction" violations only, if any. However, if a driver/owner of the towed vehicle shall have committed some other traffic violations as cited under this Ordinance, a rr Ordinance No. 084 Series of20l5 Page 36 of 42 the corresponding fine(s) or penalty (ies) therefore shall be imposed upon the violator, exclusive ofthe above-cited towing fees. (c) For special towing request, as cited under Section 144(c) hereoi these following fees are hereby prescribed per every kilometer of towing from the origin of the towing to point of destination within Marikina City only. Type/Load of Vehicle Towing Fee/Km. Towing Fee Class A (Cars, jeepney, and light vehicles) Php 1,000.00 Class B (Delivery vans, trucks not more than 4,000 kilos gross weight) Php 1,500.00 Class C Buses, trucks, heavy equipment Of more than 4,000 kilos gross weight) Php 1,800.00 Section 154. Impounding fees/charges - The following impounding charges are hereby prescribed for each day impounding in the City designated impounding area. If the impounded vehicle shall not be redeemed within the day it was impounded. Impounding charges will be imposed immediately on the next day thereafter, continuously and until such time the vehicle shall have been redeemed by its owner. Type/Load of Vehicle Impounding Charges per Day Towing Fee Class A (Cars, jeepney, and light vehicles) Php 200.00 Class B (Delivery vans, trucks not more than 4,000 kilos gross weight) Php 300.00 Class C Buses, trucks, heavy equipment Of more than 4,000 kilos gross weight) Php 500.00 Section 155. Release of Vehicle upon Payment o Towing fees and Impounding Charges - Any vehicle towed and impounded for violation of this Ordinance shall be released only after towing fees and impounding charges shall be paid, that is, upon presentation of Official Receipt(s) issued by the Office ofthe City treasurer of Marikina evidencing such payment(s). Section 156. Non-Liability of the City Government of Marikina - The City Govemment of Marikina shall not be held liable for any loss or damage that may be incurred upon any vehicle while it is being towed or during the period of its impoundment. Section 157. Disposition of Unredeemed Towed Vehicles - If a vehicle is not redeemed by its owner within a period of one (1) month from the date when it was towed and impounded, the same shall be disposed offby the Auction Committee of Marikina City in a public bidding. Prior to any action, the concemed owner ofthe impounded vehicle shall be given due notice, through registered mail with a retum card, to a redeem vehicle within fifteen (15) days from receipt ofthe notice. In case of failure on the part of the owner to redeem the vehicles, he shall be given the privilege and option to participate in the bidding. Section 158. Rules and Procedures in the Disposition of Unredeemed Vehicle - The rules and procedures goveming the disposition of the unredeemed towed/impounded vehicle are as follows: nftl' Ordinance No. 084 Series o/2015 Page 37 of42 (a) No prospective bidder shall be allowed to participate unless he first registers with the Auction Committee who shall in tum provide him with a bidding number at least two (2hrs.) prior to the scheduled bidding. (b) The Auction Committee shall fix the time and place of public sale where all concemed and interested parties may participate in the bidding and shall cause such notice of time and place to be published once a week for three (3) consecutive weeks in a news paper of local circulation. (c) The minimum bid price shall not be less than or equivalent to the total fees and other charges as may be ascertained by the Auction Commiftee, in addition to the fines and penalties provided for Under Section 68 (p), Ordinance No. 70 Series of 1993, as amended by Ordinance No. 124 Series of 1994. (d) Bidders should b€ two (2) or more. In case only one (l ) bidder had participated, the same shall be considered failed bidding. Provided, that where failed bidding has been occurred twice, the city govemment shall have the right to take possession of all vehicles and shall be disposed of accordingly. (e) During the auction, the auctioneer shall declare the bidding open and all bidders present shall be furnished with a list describing the vehicles that are offered for bidding. (0 The auctioneer will indicate that he has accepted the final and highest offer by announcing "Donel", thereby closing the bidding to all other offers or bids. (e) Winning bidders shall immediately deposit twenty percent (20%) of the amount bidded and shall have three (3) days to perfect the auction shall be cancelled and the initial deposit shall be forfeited in favor ofthe city govemment. (h) In all cases the city government shall have the right to participate in the bidding. ARTICLE XXII - PROCEDURES AND APPREHENSIONS AND FINES/PENALTIES Section 159. Procedures on Apprehension of Tralfic Code Violators - The following procedures shall be observed in the apprehension ofany person found violating any provision of this Ordinance: (a) In case of drivers of motor vehicle, the traffic officer or deputized agent shall demand presentation of the driver's license and the copy of the certificate of registration of the motor vehicle. The apprehending officer shall then indicate the name and address ofthe driver, the license number and the issuing agency of the driver's license in the citation ticket. The name and the address of the owner and the registration agency of the vehicle, including the certificate of registration number shall likewise be indicated therein. The apprehending officer shall state legibly the specific violation and fumish copy of Othe citation ticket to the person apprehended. (b) If the violator has been apprehended by other LGU in Metropolitan Manila, the traflic enforcer shall confiscate the presented Ordinance Violation Receipt (OVR) and issued a new receipt which shall also indicate the city or municipality that made the first or second apprehension. (c) In cases of business establishments violating the provisions on traffic obstruction, the apprehending officer shall demand the presentation of Mayor's Permit, or in case of construction, the Building Permit; and indicate the name and address of the corresponding Mayor's or Building Permit Number, the particular provision violated and fumish copy of said citation ticket. In the event, however, that the person found violating the provisions of this Ordinance is not engaged in any occupation or business. "dF Ordinance No. 084 Series of20l5 Page 38 of42 requiring permit, his complete true name and correct city and provincial address shall be ascertained and indicated in the citation ticket. (d) Pedestrians violating this Ordinance shall be taken to the CTMDO to pay the appropriate penalty. In the event of inability to pay the fine, the violating pedestrian shall be required to render community service within 24 hours from apprehension. Section 160. Refusal to be Apprehended - The apprehending officer, through the concemed city Govemment office, may file a complaint with any of the Metropolitan Trial court in the City, against any person who refuses to be apprehended, or reject to accept the citation ticket, or contest his or her violation. Section 161. Notice on Illegally Parked Vehicle - Whenever any motor vehicle without any driver is found parked or stalled in violation of any of the restrictions contained in this Ordinance, the traffic officer finding the vehicle shall note down its plate number and may take any information displayed on the vehicle which may identifu its user, and shall conspicuously affix to the vehicle a Notice for the driver to answer to the charge against him within seven (7) days, during the hours and place specified in the notice. Section 162. Failure to Comply with Notice Attached to Parked Vehicles - If an owner or driver of a vehicle attached with a notice fails to appear before the CTMDO within seven (7) days, il shall be constructed that the violator is waving his right to contest the citation and he shall be liable for payment ofthe corresponding fine. In case of failure to pay the fine and non- appearance ofthe traffrc violator before the CTMDO, the la$er offrce shall cause the filing ofthe conesponding complaint under the rules on Summary Procedure before the Metropolitan Trial Court of Marikina City. Section 163. Other Administrative Sanctions/Remedies - Aside from filing of appropriate criminal action before the City Court, the following administrative sanctions/remedies for enforcement shall be undertaken: (a) For driving-related violations, the CTMDO shall communicate with the Land Transportation Head Office, to hold in abeyance the renewal of driver's license or vehicle registration until clearance has been obtained from the CTMDO of Marikina City; (b) For other violations, such as the continuous use of sidewalks and no-parking streets as parking of vehicles of business commercial establishment, the CTMDO may recommend the cancellation of the permit and the issuance of closure order on said establishment. Such vehicle(s) shall removed and impounded by the City; (c) The use of sidewalks and streets as storage places for wares, goods, appliances, and the likes is strictly prohibited. They shall be removed and confiscated by the proper authority only upon notice of removal and confiscation to the owner. Section 164. Fines and Penalties - (a) Any violation of the provision of the Ordinance shall be imposed with the fines and penalties as prescribed and indicated in Appendix "B" hereof (b) Where the violator is a driver, a written notice or citation to the offending parry shall be issued by the traflic enforcer who is the only authorized to issue the same. (c) The violator shall have five (5) days from date of violation within which to redeem his license which shall only be released upon presentation ofOVR and proof of payment of the appropriate fines. An additional surcharge offive percent (5%) for each day ofdelay or failure to pay the appropriate fine is hereby imposed until the full amount offine and surcharge is paid. . .dar. Ordinance No. 084 Series of 2015 Section 165, Collection of Fees and Charges - All collection for payments of parking charges, terminal fees, towing charges and similar imposition for special services rendered shall accrue to the General Fund of the City Govemment. Section 166. - Collection of Fines and Penalties - Incentives Distribution: All payment of fines and penalties shall be remitted to the office of the city Treasury. The same shall be distributed as follows: l. Fines and Penalties from Vehicles or Drivers of Vehicles (a) Ten Percent (10%) to the apprehending Traffic Enforcer to be remitted through his ATM account. (b) Five Percent (5%) to the CTMDO (c) Five Percent (57o) to the TMED (d) Five Percent (5%) to the PNP Traffic (e) Seventy-five (75%o) to the General Fund of the City Govemment 2. Fines and Penalties from Anti-Jaywalking Operations (a) Ten Percent (10%) to the apprehending OPSS Enforcer (b) Fifteen Percent (15%) to the OPSS Fund (c) Seventy Five (75%) to the General Fund of the City Government (Ordinance No. 74, Series of 2012) The incentives granted shall be suhject to the approval of the City Mayor, and shall be used only as funds for theb activity-related functions and logistics and personal services fot the payment of overlime and holiday services rendered by lhe CTMDO and OPSS personnel. Payment lor the overlime and holiday services rendered by the CTMDO and OPSS personnel i shall be included the trust fund of the said ofJice. (Ordinance No. 9, Series of 2012) Disbursements therefrom shall be subject to proper accounting and auditing requirements. Any unused balance at the end of the fiscal year in excess of twenty percent (25Yo) of the previous year's expenditures shall revert back to the General Fund ofthe City. Section 167. Redemption Center - The CTMDO shall serve as the redemption center where violators shall redeem his driver's license upon presentation of the Official Receipt as proof of payment of the required fines to the Office of the City Treasurer of Marikina. In case of impounding vehicle, it can be retrieved from the designated impounding area of the City upon surrender of the Impounding Receipt and presentation of certificate of registration, including the official receipt issued by the Office of the City Treasurer serving as proof of payment of the prescribed fine. ARTICLE XXIII - TRAFFIC ADMINISTRATION Section 168. Creation of the City Transportation Management Development Oflice (CTMDO) of Marikina, Its Organizational Set-Up and Function - There is hereby created a City Transportation Management and Development Office in Marikina City. The CTMDO is vested with the power to enforce and implement this Ordinance and such traffic management plans and programs that are herein drawn or prepared, or as may be assigned from time to time. III The CTMDO shall be headed by a City Government Department Heod $,ith Salary Grade 27. He shall be assisted by o City Governmenl Assislant Department Head with Salary Grade 25. The head and lhe assistant of lhe CTMDO shall be natural-born citiTens, residents of Marikina City, ot least 35 years of age, of good moral character and sound probity, college graduates and have earned credils in either public administralion, law, management, civil engineering, or traffic engineering and managemenl. (Sec. 2 Ordinance No. 26, Series of 2007 and Sec I69a Ordinance No.I33, Series op006) d Ordinance No. 084 Series of20l5 Page 40 of42 The CTMDO shall have tu o (2) divbions namely, the Internal Operation and Educalion Division and the Trafic Managemenl and Enforcement Division. Each division shall be headed by a Supervbing Transportation Regulation Officer (SG 22). A division head musl be a nalural-bom citizen, a resident of Marikina CiE, at least 30 years of age, of good motal character and sound preobity, a college graduate, and with appropriale experlise or equivalent *perience in lhe Jield of assignmenl. (Sec. I69b Ordinance No, 133, Series of 2006) (a) THE INTERNATIONAL OPERATION & EDUCATION DMSION l. Exercise general supervision on the employee's performance of their duties and responsibilities, implementation of office policies, rules and regulations, take charge of the records management system, expeditious dispatch of all communicatior/documents pertaining to the office operation, and the procurement of office supplies and materials; 2. Receive and process of application for tricycle franchise and provide guidelines and requirements for compliance of applicants; 3. Conduct researches and studies for the improvement of the operation of pubtic utility vehicles and formulate long-range plans for the development of an optimum transport system and services in the City; 4. In coordination with the Center for Excellence (CENTEX) of Marikina, conduct educational progftlms and launch city-wide information dissemination to all PUV drivers/operators, the riding public, as well to all CTMDO personnel relative to public utility transport operations; 5. Prepare the annual budget of the office, reports of accomplishments reports, and such other documents, and submit the same to the Head of the CTMDO for review and approval; 6. Cause the release of confiscated driver's license of traffic violators, as well as, of impounded vehicles after payment of correspondent fines and./or penalties by the offender with the deputized cahier of the City Treasury of Marikina. 7. Perform such other tasks or duties as may be required, or directed (b) THE TRAFFIC MANAGEMENT & ENFORCEMENT DIVISION (TMED) 1. Plan and develop efficient systems in implementing and enforcements of national and local laws, rules and regulations on matters of transportation operation and related activities therefore; 2. Conduct inspections and monitoring of all PUVs, its routes and terminals, parking zones, bikeways and other city thoroughfares; 3. Supervise, direct and control traffic routes, flows/direction and design a standard scheme for monitoring, apprehension and reporting; 4. Attend to complaints lodged by the commuting public against abusive/arrogant operators/drivers, and thereafter prepare reports/recommendation to the Head of the CTMDO for endorsement to the City Mayor for corresponding sanction(s); 5. Be responsible for enforcing traffic laws and take appropriate action against violators of national/local traffic laws, rules and regulations by apprehending such violators and issuing traffic citation tickel to them; 6. Upon instruction from the Head of the CTMDO, coordinate with the Metropolitan Manila Development Aurhority (MMDA) and the philippine National police (PNP) traffic enforcers, and other traffic affiliated agencies for harmony or adequacy ofpersonal deployment and field operations within the City; 7. Supervise the towing operation of stalled, illegally parked./abandoned vehicles, and such other obstructions that affect traffic flow. 8. Establish rapport and coordination with and among pUV association, the communing public and the city Government of Marikina to ensure peace and order on City Streets. Ordinqnce No. 084 Series of20l 5 Page 1t of42 9. Perform such other duties or responsibilities, as may be required or officially directed. The Cily Mayor may appoinl ot designale lhe personnel to compose the stafJ. In addition, the City Mayor may depulize cily officials and employees lo act as traffrc auxiliaries and they shall be under the operational supemision of the CTMDO. Section 169. Barangay Traffic Enforcers - Barangay traffic enforcers shall coordinate the traffic management and control of their respective barangays with the CTMDO. All traffic apprehensions made by the barangay traffic enforcers shall be endorsed to the CTMDO for appropriate action. Section 170. Uniforms of TraIIic Oflicers/Enforcers - In order to provide a distinction between City/Barangay Traffic Officer/Enforcers and the members of the Philippine National Police (PNP)- (a) The City Traffic Officers/Enforcers and the members of Traffic Management & Enforcement Division (TMED) shall wear the prescribed traffic uniform, that is, Green Polo Shirt, Dark Gray Pants and Black Shoes, which will be for their exclusive use onlY. (b) The Barangay Traffic Officers/Enforcers of the sixteen (16) barangay govemments of Marikina shall be provided and prescribed with uniforms by their respective barangay govemments, ensuring that the color oftheir uniform shall be completely different from all other barangays, as well as that of the members of the PNP, the City Traffic Officers/Enforcers and members of the TMED. The determination of the change of the color and type of uniform of city traffic officers/auxiliaries shall be left to the discretion of the City Mayor; while that of the barangay traflic officers/enforcers shall be left to the discretion their respective Punong Barangay. Provided, however, that no changes in the type, color or style of the uniform shall be allowed for a period offive (5) years, determined from the date prescribed uniforms were first implemented. section 171. Administrative Fees and Charges - The Administrative fees and Charges prescribed for services rendered by the City Government in implementing this code is indicated in Appendix - (Fees and charges) hereof. The provisions of Department order No. 96-693 issued by the DOTC that prescribes the Renewal Schedule of Administrative Fees and Charges of the Land Transportation Office (LTO) and which are not inconsistent with the provisions of this Ordinance, are hereby adopted. ARTICLE XXIV - FINAL PROVISIONS Section 172. Miscellaneous Notwithstanding the provisions of this Ordinance, other existing ordinances and laws to the conlrary, the City Mayor is hereby given full power and authority to issue Executive orders and rules and regulations appertaining hereto, with the end in view of making this Ordinance truly reflective of the ideals ofgood govemance, especially in regulating the use and enjoyment of city streets. Section 173. Separabitity Ctause - Iffor any reason, any section or provision of this Ordinance is declared illegal or unconstitutional, other sections of provisions heieof which are not affected thereby shall continue to be in full force and effect. Section 174. Repealing Crause - All previous issuance, ordinances, rules and regurations, provisions of parts thereol which are inconsistent or in conflict with the provision, oiit,i, coa" are hereby repeated or modified accordingly. section 175. Effectivity - This ordinance shall take effect fifteen (15) days after its approval. i Ordinance No. 084 Series of 2015 Page 42 of42 I hereby certiry to the passage of the foregoing ORDINANCE which was duly enacted by the CITY COTINCIL of MARIKINA during its 46'h Regular Session held on December 09,2015. Secretary to the Sanggunian ATTESTED BY: FABIAN I. CADIZ, M.D. Officer APPROVED by the Hon. City Mayor on JAN 0 2016