ORDINANCE NO. 03, S. 2005

AN ORDINANCE SEEKING TO REGULATE SMOKING IN PUBLIC PLACES INCLUDING PUBLIC CONVEYANCES AND PROVIDING PENALTIES THERETO IN ACCORDANCE WITH THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 9211 OR "THE TOBACCO REGULATORY ACT OF 2003"

WHEREAS, Republic Act NO. 9211, otherwise known as the Tobacco Regulatory Act of 2003, provides that the government shall institute a balance policy whereby the use, sale and advertisement of tobacco product shall be regulated in order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke;

WHEREAS, Section 2 Rule 11 of the IRR of  RA 9211 provides for the effective implementation of the provisions of the Act and the said IRR, which include the smoking ban. This particular provision gives authority to the concerned Municipal Mayors, Building Officials and members of the Philippine National Police to take the necessary steps to ensure compliance with the provisions of the said law;

WHEREAS, to fully protect the public health and welfare vis a vis the interests of other stakeholders, there is a need to pass a local ordinance which will regulate smoking in public places and conveyances in accordance with existing laws.

BE IT ORDAINED BY THE SANGGUNIANG BANYAN OF SAN JORGE, SAMAR, IN SESSION ASSEMBLED THAT:

Section 1. Smoking ban in public places. Smoking shall be absolutely prohibited in the following public places:

1.1 Centers of youth activity such as playschools, preparatory schools, elementary schools, colleges and recreational facilities for persons under eighteen (18) years old such as but not limited to playgrounds, basketball courts;

1.2 Locations in which fire hazards are present as storage area for flammable liquids, gas, explosives or combustible materials;

1.3 Within the building and premises of government offices, public health centers and private clinics;

1.4 Public conveyances and public facilities as restaurants and conference hall, except for separate smoking areas.

Section 2. Designation of smoking and non‑smoking areas. In all enclosed places that are open to the general public, public and private workplaces where smoking may expose a person other than the smoker to the tobacco smoke, the owners, proprietors, operators, possessors or managers or administrators of such places shall establish smoking and non‑smoking areas. Such areas may include a designated smoking area within the building, which may be an open space, or a separate area with proper ventilation, but shall not be located within the same room that has been designated as non‑smoking area. Cigar, cigarette butts and/or waste papers or candy covers must be disposed to designated areas where baskets or trash cans are located.

Section. 3. Signage for designated smoking and non‑smoking areas. All designated smoking areas shall have at least one (1) legible and visible sign posted indicating "SMOKING AREA" in English or Filipino for the information and guidance of all concerned. The signboard shall be placed conspicuously at the entrance to the designated smoking area. Non‑smoking areas shall likewise have at least one (1) legible and visible sign posted saying "NON‑SMOKING AREA".

Section 4. Penalties for violation of this Ordinance. On the first offense, a fine of not less than Five Hundred Pesos (Php 500.00) but not more than One Thousand Pesos (Php 1,000.00) shall be imposed.

On the second offense, a fine of not less than One Thousand Pesos (Php 1,000.00) but not more than Three Thousand Pesos (Php 3,000.00) shall be imposed. For those who can't afford to pay the required fine, he/she must render an eight (8) hour of Community Service and/or donate blood of 500 cc per authority/approval of the Municipal Health Officer. The donor will be issued a card which will be used in case of emergency that he/she be given blood support to his/her in need immediate relatives as parents, brothers and sisters, children and grand children.

On the third‑offense, in addition to a fine not less than Three Thousand Pesos (Php 3,000.00) but not more than Five Thousand Pesos (Php 5,000.00) the business permits and licenses to operate shall be cancelled or revoked.

Section 5. Administration and Authority to institute action. The Municipal Engineers Office and the Philippine National Police are tasked to inspect and certify to the appropriateness of the designated smoking areas. To effectively implement this Ordinance, the Local Chief Executive upon the recommendation of the Municipal Engineers Office is authorized to institute criminal proceedings against the violators of this ordinance.

Section 6. Repealing Clause. All existing ordinances which are inconsistent with this Ordinance are hereby repealed or modified accordingly.

Section 7. Separability Clause. Should any provision of this Ordinance be subsequently declared unconstitutional or invalid, the other provisions not so declared and not affected by such declaration shall remain in full force and effect.

Section 8. Effectivity. This Ordinance shall take effect fifteen (15) days after its publication in at least two (2) local newspapers of general circulation consistent with the provisions of the Local Government Code of 1991.

ENACTED, February 14, 2005.

CERTIFIED CORRECT:

REMEDIOS B. GATIL

Secretary to the Sangguniang

ATTESTED:

MARCELINA D. YU                        VICENTE C. CAJURAO

Vice Mayor / Presiding Officer         SB Member

JAY G. BISNAR                             CRISOLOGO G. BERNALES

SB Member                                    SB Member

RODOLFO B. CORRALES              CECILIA B. CABARLES

SB Member                                    SB Member

DEMETRIO S. BARIQUIT                RODOLFO G. MABANSAG JR.

SB Member                                    SB Member

ROMEO B. TAN                             WILFREDO M. SALE

SB Member                                    ABC President / SB Member

RENA B. DOTADO

SKF President / SB Member

APPROVED:

JOSEPH V. GREY

Municipal Mayor