$rpullihu ng lPilipinar
SANGGUMANG PANLUNGSOD NG MARIKINA
r:l
U)- NTs3lu
tlY t;t m
r4..
lb
ORDINANCE No.1 t tfl (/W.
Series of2007 IACI N0' 6116'116l) LUL' 2't
COrr
ORDINANCE ADOPTING THE NEW REGULATIONS ON THE USE OF STREETS AND
SIDEWALKS WITHIN MARIKINA CITY-
Introduced by: Councilor HILARIO A. PUNZALAN
WHEREAS, on August 20, 1993, the then Municipal Council of Marikina enacted Ordinance
No. 59, Series of 1993 which regulates the use of streets and sidewalks in the Municipality of
Marikina, and prescribes the fines and penalties for violation(s) of its provisions;
WHEREAS, the said Municipal Ordinance cited thar the sidewalks are purely intended for the
use of pedestrians and that no permanent nor temporary struchnres should be built thereon,
prohibited their use for any other activities and/or purposes, and imposed fines and penalties for
violation thereof;
WHEREAS, after seventeen (17) years since the enactment of said Ordinance, the innovatiorq
the developmental changes and urban transformation of Marikina justify adopting new
regulations on the use of streets and sidewalks;
WHEREAS, the intensified population growth of Marikina during the last decades also warrants
the review and revision of some local laws to adapt commensrrately. to the current economic
situation and zonal planning changes, as prograrnmed by the City Government;
WHEREAS, the adverse eftircts of the world trade globalization have brought about the
unexpected climate change in terms of economy, business, commerce, production and
manufacturing which gradually resulted to clos.rres of some factories / companies, merging of
:sses, manpower cut and lay-off, and investment skepticism that created unemployment in
parts of the country;
WHEREAS, Marikina City was not spared of this predicament, as a nurirber of businesses,
including some small- and medium-enterprises in the City have either closed down or suspended
their operations, thereby causing displacement of workers who are residents of Marikina to
include, those who are working out oftown;
WHEREAS, the city Government of Marikina dutifully recognizes the plight of its poor, now
jobless inhabitants, and would want to give them opportunities to earn in i d-ecent lawhrl way so
as to provide their families with the much-needed financial support for subsistence and
sustenance and thus, prevent them from engaging into any kind of nifarious activities to obtain
money;
WHEREAS, the series of consultations and public hearings conducted revealed that many ofthe
jobless and those who can not find jobs have resorted to peddling or ambulant vending whictr,
for now is prohibited by city laws, and for humanitarian reasons and for reasons above-cited, the'
city Government would allow them the use of city streets and sidewalks for some income-
generating opportunities, subject to prescribed rules and regulations.
Now TIIEREFORE, BE IT ORDAINED, As m rs HEREBY ORDATNED by the cITy
COTINCIL of MARIKINA, in session duly assembled, thatl
r
dry-
ORDINANCE No. 114
Series of
2007
SECTION L The City Government of Marikina hereby adopts new regulations on the use of
streets and sidewalks.
SECTION 2. Delinition of Terms. For purpose of this ordinance, the following terms are
hereby defined as follows:
a. AMBLILANT PEDDLING, as used under this Ordinance shall refer to the act of
selling or offering for sale wares, goods or articles while travelling from place to
place, without having to occupy permanently any space on any sidewalh street, and
public area.
b. AMBULANT VENDOR or PEDDLER shall refer to an individual who carries and/or
transports his wares, goods, or articles, either physically or by means of a whecled
cart or container, to sell or offer for sale such wares or goods, from place to place and
does not have any fixed vending area.
C. COMMERCIAL Or BUSINESS ESTABLISHMENT ShAII TCfCT tO A STOTC OT A TCtAiI/
wholesale outlet duly licensed to engage in the sale and distribution of supplies,
materials and other articles of trade and most commonly found or established along
the along the sidewalks;
d. CONTAINER shall refer to the receptacle which could be a plastic bag, a box, a
plate, and the likes, or a small wheeled-cart where wares, goods or merchandise to be
iold or offered to sell are placed and carried or transported by ambulant or transient
vendors during their peddling activities.
e. SIDEWALK shall refer to any paved or unpaved stretch of foot walk at the side of the
street or roadway for use of pedestrians.
f. SIDEWALK VENDOR shall refer to an individual who permanently occupies the
sidewalk or space thermf to sell or offer to sell any good, ware or article.
g. STREET shall refer to a thoroughfare, road, avenue, or boulevard, which may be
paved or unpaved, primarily used by travelling motorists.
h. WARES, GOODS, MATERIALS, or ARTICLES shall refer to products, items, or
articles of trade being sold or being offered to be sold in commercial basis, whether
retail or wholesale businesses, and these includes, but not liriited to, construction
materials, basic commodities, staples, food snrffVproducts, steel or plastic wares,
woven materials, accessories, appliances and other articles or items of value.
SECTION 3. Applicability of Existing Minances on StreanSidewalh Use. The applicable
provisions of Ordinance No. 133, Series of 2006, otherwise known as the "2006 Traffic
Management Code of Marikina" and Ordinance No, 145, Series of 2006, otherwise known as the
"Revised Marikina Peace, Order, Public Safety and Security Code of 2006," and other existing
city ordinances shall apply on the use of streets, including the prescribed restrictions thereof
SECTION 4. Exclusive Use of Sidewalks. The sidewalks of Marikina City shall be for exclusive
use ofpedestrians, and it shall be unlawful for any person, natural orjuridical, to occupy
permanently or even temporarily any portion of the sidewalks within Marikina City, for any
commercial or business purpose(s), except as otherwise provided or authorized.
SECTION hohibited Ac6, and Aciivitia on the Use of Sidewalks. The following uses, acts
and/or activities shatl be prohibited on all sidewalks of Marikina City:1
JF?-
v
ORDINANCENo. 114
Series of
2007
Dumping or strewing of litters and garbage, spilling of used lubricants, chemicals and other
harmful or injurious elements.
a. Use as vehicle garage and/or for repairing vehicles.
b. Installing pens or cages for animals or leashing/chaining pet animals.
c. Storing bottles and caseV boxes of soft drinks, beverages, wines, liquoq whether
empty or not.
d. Storing junks, broken furniturg fixtures or articles, and other recyclable materials.
e. Storing or stacking construction materials, such ag sand gravel, tubes, pipings, steel
bars and the likes, including appliances and other articles of trade for sale or being
offered for sale.
f. Building or erecting any structure, house extensioq stall or store extensioq and
installation of roofs, awnings, air-conditioning units, and the likes that will protrude
over the sidewalk or portion thereof
g. Constructing or erecting structural extensions for business expansion.
h. Setting up of garden plots, plant boxes, planting of trees, shrubs or bushes, and other
flowering plants.
i.
Installing permanent or picket fences.
j.
Installing obstructive materials, such as sigrrs or sigrrboards and other materials on or
above the sidewalks that can serve as obstacles or pose danger to pedestrians.
k. Occupying permanently or for over a long period of time a sidewalk of portion
thereof for the purpose ofvending or selling goods, wares or articles.
l. Occupying permanently or for over a long period of time a sidewalk to conduct of
shoe-shine or bootblack operation, shodbag repairs, and other personalized repair
services, like umbrella repair, key duplicating and the like activities.
m. Conduct of buy-and-sell of gold, silver, precious stones or gems, jewelry, watches,
and other personal articles of value.
n. Bathing, and doing household chores such as, cooking washing clothes and dishes,
hanging to dry clothes.
o. Conducting obscene, scandalous, libelous and seditious acts, performances, or
activities.
p. or
Conducting any form of gambling and drinking of alcoholic drinks intoxicating
liquor.
q.
Sleeping and/or using a make-shift bed, hammoclq swing, cot and the likes for resting
and relaxation.
U"ing sidewalks as detour routes or to pass other vehicles, to include operating a
bicycle or motorcycle.
s.
Mendicancy or begging for alms.
t.
Using the sidewalks for personaVfamily celebrations, picnics and other gatherings.
u.
Setting up ofbasketball court or goal and for other forms ofgames, sports or leisure.
,x. All uses, acts and activities that shall impede the convenient use of sidewalks by
pedestrians, or that would serve as obstruction or obstacles and/or pose as hazard and
danger to the public.
SECTION. 6. Aher hohibited Aca and Aaiitia - Special Permits Required The following
prohibited acts and activities on the temporary use of sidewalks and streets may be allowed or
authorized by the City Government subject to the issuance ofspecial permits:
(A) Barangay Permit (a) Conduct of s religious activity, such as pastoral work,
preaching and other related activity.
(b) Conduct of advertising and promotional activities, such
as free product tasting or free sampling.
(Note: Selling or offlering the product for sale shall beI
ORDINANCENo. 114
of
Series
2007
strictly Prohibited.
(c) Conduct of community-related affair and activity'
id) ftotaing of a wake for a deceased person where extra
Space is needed.
(B) citv Government Permit
(cj Conduct of large or massive civic assembly and
meeting.
(d) Conduct ofany city-wide affair, celebration or activity'
It shall be incumbent upon the concemed authority to review the application for permit taking
inio the significance ofand probable after-effect of the activity on public peace and
ora"" .o . ntr ia"* pt eio rn m it shal[ ulnooi other things, state. th" q", the time period or duration of the
activity, an" d 'the specific place oi area where the activity will be held'
SECTION 7. The llse or srreey and sidewalk by Ambulant vmdor or Peddkr. The use of
,"*,, *a *itt i" urriti* city shall be allowed by the city Govemment of
sidewalks
fr4aritiou, and their operation and activitiis shall be covered by the following rules and
regulations :
a. Ambulant vendors or peddlers shall be allowed to traverse, transport, and carry their
goods, wares or articlis, on the streets and sidewalks, provided however, that under
nocircumstancesshalltheyStayputpermanentlyonthesidewalkoranyportionor
area thereof.
b. Ambulant vendors or peddlers shall sell their goods, wares, or articles not more than
TEN (10) MINUTES and in a manner so as not to obstruct the flow of pedestrians,
and immediately thereafter, shall leave and continue peddling'
c. Ambulant vendors or peddlers are prohibited selling their goods, wares or articles
within a radius of FIFTY METERS (50 M.) from any church/religious institution, or
schooVeducational establishment, except when there are no church mass services, or
congregations or school classes going on
d. Ambulant vendors or peddlers shall not scatter or throw any lifter or garage, nor shall
they dispose any leftovers of their goods or wares on the street or sidewalk, and shall
of
maintain sa.ritaiion and cleanliness of the streets and sidewalks during the conduct
their business.
e. Ambulant vendors or peddlers shall vend or peddle inside subdivisions, provided they
have secured a permit from the concemed homeowners association.
f. As may be necessary, embulant vendors or peddlers shall be allowed only to traverse,
cross or travel on busy major thoroughfares or streets that are desip.ated as regular
travel routes for public utility and private vehicles, to transfer to another street" but, in
no case or circumstances that they shall conduct their vending activity on the said
major thoroughfares or streets.
g. The wheeled carts to be used in peddling shall have a maximum measuement as
follows: One-half Meter (0.5m.) in Width, One Meter (1 m.) in Length and One-half-
Meter (0.5 m) in Height. .
I
Ordinance no. I l4
Series of 2007
SECTION 8.. Confiscation and Impounding' All items' goods' materials or articles
lbund on streets alrd sidewallis shail be confiscated without any prior notice to the
violator of this Ordinance- and shall be brought and impounded at a city govemment-
d;.;;;J impounding area. The confiscated iGms shall be released only after pa)meDl
;ffi;r;;;"#"g fine("s) and penatry(ies). The city Governmenr or its enforcing agency
shall nor be held liable fo, -f a-'ug" oi damages arising from the removal' confiscation
lna in p*,"alrg of such iterins' goo;s' materiats or articles' There shall be an inventory
renort as resards to t1"," q*niit]v. description aod state of the confiscated items. and
con.esponding recerpr therer;;; iirall be issued to the I'iolator which ttre latter shall
;;;;;i ,p"r;"ymeirt of fine and redemption of the conl'iscated items'
SECiloN 9. Fitrcs and penalties. The lollorving fines and penalties shall be imposed
upoll:
(A) Orvners of Commercial and Business Establishmeuts:
(i) Witflin S""nty-Trvo (72) Hours from receipt of the notice of
violation. the violator may elect' in lieu of prosecutiox' pay
-to
,otrn,ariiy lt'" corr"sponding fine of ONE THOUSAND PESOS
(P1.000 06)- and at *hich instance' the confiscated items' goods'
uraterials or articles shall be released'
lreorsheshallberequiredtorerrderafive(5)-daycommltntt)/
,".',i"".-ol_uthisorheroption.Voluntar.ilydonate.bloodtothe
Var;t,nu gLooa Banl'i' In iase the violator is medically unfit to
aonut"-Ut*J' he may bring and subnlit' in hisArer stead' another
individual who can donate blood'
(iii) If the violator or offender committed the same otTense lor three
(3) consecutive times. his or her business permit and license to-
operate shall be revoked and store or establishment shall be
closed'
(ir) P fne erm a ,"n fe un ,t alY i or failure of the violator lo pay the fine within fir'e
ouys no,i-iszuanc" of th" order of payment. the establishment sl'rall
U. t.-po.*ity closed until such time that the fine has been paid'
(B) For Ambulanl Vendors or Peddlers:
Non-Registration
(ii)
No Identification Card
(iii)
No Health Certificate
(iv)
Not wearing the Prescribed Dress
it) lJsingUnauthorizedContainers
iril Foun-d on Stationary Vending.on a Place 5 P 1'000'00' or
i',,iil violations ol ProhiLitions under Section
ordinances
t Ih ne
c
a ap iep l tic ha eb vle
io
lf ain te os
r
fim ailp eo ds e od
r
cb ay
n
e nx ois
t
t Pin ag
y the pres-cnbecl ttne
lreorslreshallberequiredtorenderaflve(5).daycommuruty
,..ui"".- or-oi his or her option' voluntarily donate. blood to the
N4arit lnu Stooa Bank' In case the violator is medically unfit to
Oonate Ulood. he may bring and submit' in hiArer individual who
can donate blood'
SECI-IONl0.Disposol.Thefollorvingsanctionsshallbeimposedforthedisposalof:
ORDINANCENo. 114
Series of
2007
(A) Non-perishable goods, materials, items or articles - If after the lapse of
Fifteen (15) Days, the violator still failed or intentionally refi.ue to pay
the prescribed fines or failed to submit to the options provided hereof,
the ownenhip of the said confiscated/impounded goods, materials, items,
articles, shall be forfeited in favor of the City Government of Marikina.
(B) Perishable Goods and Food Items - Before their expiry date, all confiscated food
items or perishable goods shall be donated to the Bureau of Jail Management
& Penology (BJMP) of Marikina for consumption of the inmates thereof.
An inventory or listing of all confiscated goods, materials, items, articles, or food items
shall be recorded and the manner how they are disposed.
SECTION 11. Repealing clause. ordinance No. 59, Series of 1993 and all ordinances
amending the same are hereby repealed. AII other ordinances, resolutions, executive orders,
proclamations or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed
or modifi ed accordingly.
SECTION 12. Separabilily Clause. lf for any reason or reasons, any part or provision of this
Ordinance shall be held or declared to be unconstitutional or invalid, other parts or provisions
hereof which are not affected thereby, shall continue to be in full force and effect.
SECTION 13. This Ordinance shall take effect upon approval.
APPROVED by the CITY COUNCIL of MARIKINA, this 19th day of October,2007.
I hereby certiff to the passage of the foregoing
Ordinance, which rryas duly approved by the City
Council of Marikina durirg its l6h Regular Session
held on October 19,2007.
OLITA E. DE LEON
ATTESTED & CERTIFIED
TO BE DULY APPROVED:
,tanA
N S. AI.IDRES, M.D.
ayor/Presiding Officer
APPROVED on
MA. LOURDES C. FERNANDO
City Mayor