Junkshop Ordinance

(to receive a copy of this proposed ordinance in Microsoft Word format, send e-mail to ordinansa@gmail.com)

Proposed Ordinance
(revised copy as of February 15, 2008)

AN ORDINANCE PRESCRIBING RULES FOR JUNK SHOP OPERATIONS IN NAGA CITY, AND PENALIZING VIOLATIONS THEREOF

Authored by: Councilor Nathan A. Sergio

Be it ordained by the Sangguniang Panlungsod of Naga, that:

Section 1. Title. This Ordinance shall known and cited as the “Junk Shop Ordinance of the City of Naga”;

Section 2. Scope and Limitation. This Ordinance shall cover all junk shops operating in Naga City. This Ordinance shall not cover purchase or sale of junk materials like papers, cardboards, plastic materials, styfoams, discarded household wares and appliances, old GI sheets, broken glasses, bottles, tin cans and the likes.

Section 3. Declaration of Policy. It shall be the policy of the City of Naga to promote legal sources of income, such as junk shop operations and related activities, and regulate their operations in accordance with existing zoning, health, safety and environmental laws and regulations.

Section 4. Definition of Terms. As used in this ordinance,

The term JUNK shall refer to any waste material or discarded material, old iron or other metal or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines, in whole or in part, and any material commonly and generally known as “junk”, in the ordinary meaning of the word, acquired and/or collected.

The term JUNKSHOP shall refer to any building, including its premises, in which junk is stored. It can be dealing with a particular kind of junk or with all kinds of junk, and it may thus assume a different business name.

The term JUNKSHOP OWNER/OPERATOR shall refer to any person, firm, association, partnership or corporation who owns and/or operates junk shops for the purpose of buying or acquiring “junk” for commercial purposes, and/or who collects and stores “junk” therein.

The term PUBLIC UTILITY MATERIALS shall refer to any material made of copper, brass, bronze or aluminum, being used by public utility companies, whether government-owned or privately-owned, to provide or deliver telecommunication system, power and water supply.

The term TRANSPORTATION MATERIALS shall refer to all materials used in the railway operations by the Philippine National Railways, whether parts of its communication line or parts of railway track (e.g. rail, swithch component, spike, angle bar, tie plate or bolt); these also include all other parts of vehicle, of any type or make, whether public or private.

The term PUBLIC SAFETY MATERIALS shall refer to all materials intended or designed to provide safety or directions to people, which include street signages/markers, drainage covers, street lighting materials, and the likes.

The term OTHER METALLIC MATERIALS shall refer to all other metallic materials originating from historic sites, public places and cemeteries, whether public or private, such materials as historical markers, building or plaza markers, tomb or mausoleum signages or markers, fences or railings.

The term LAW ENFORCERS shall refer to at least a team of two coming from either the Naga City Philippine National Police (PNP) or the Public Safety Office (PSO), and from the Barangay Council or Barangay Police with territorial jurisdiction over the junkshop.

The term AFFIDAVIT OF UNDERTAKING shall refer to a document to be signed by the junk shop owner/operator that merely categorically states his or her willingness to allows law enforcers to conduct unannounced inspection and verification of Transaction Books or Registers during business hours within the premises of the junk shop.

The terms BUSINESS HOURS and OFFICE HOURS shall refer to the hours from eight o’clock in the morning to 12:00 noon and one to five o’clock in the afternoon, except on non-working holidays.

The term INFORMANT shall refer to any person, not belonging to law enforcers as herein defined, who provide or supply vital information to the Naga City PNP and/or PSO in connection with the implementation of this ordinance.

Section 5. Business Permit Required. It shall be unlawful for any person, firm, association, partnership or corporation to operate or maintain a junk shop or junkyard, or to do business in junk at any place within Naga City, in any manner contrary to the provisions of this Ordinance and without first having obtained a license for such purpose, as herein provided.

Section 6. Documentary Requirements. The following documents shall be required to be filed at the City Planning and Development Office (CPDO), from each person or entity obtaining Business Permit for junkshop operation, namely:

6.1 Pro-Forma Application Letter and Information Sheet (to be prepared by CPDO),
stating among others the complete name of the applicant, his/her residence
address and contact number/s; information whether applicant has been
sued/convicted of crime of larceny or crime involving moral turpitude
or any crime; information as to ownership of business site and other
necessary information.

6.2 Xerox copy of applicant’s identification: Voter’s ID, plus Driver’s License or any
other valid ID with photo and updated Community Tax Certificate;

6.3 Barangay Clearance as to the junkshop’s acceptability where it is or will be located;

6.4 Xerox Copy of SEC or CDA Registration, if applicant is an entity;

6.5 Duplicate or certified copy of Partnership Agreement, if applicant are partners;

6.6 Location Sketch of existing/proposed site for junkshop operation;

6.7 Proof of Ownership of land and/or building, or Proof of Right to occupy and
use property (e.g. land title, lease contract, usufruct agreement, etc.);

6.8 Realty Tax Clearance from the CTO, if property being used for junkshop operation
is owned by the applicant;

6.9 Layout Plan of Junk Shop/Yard, to show sufficient area for stockfiling of
junks, office area, parking area for loading and unloading, entrance and
exit;

6.10 List of Employees or Workers, duly certified by the owner/operator;

6.11 List of Roving Collectors, if any; duly certified by the owner/operator;

6.12 List of Satellite Junkshop/s and their address/es and contact number/s, if any; and

6.13 Affidavit of Undertaking, duly subscribed before a Notary Public.

Section 7. Evaluation. A five-man Evaluation Team composed of personnel from the Office of CPDO, who will act as team coordinator, and members from the City Engineer’s Office (CEO), Bureau of Fire Protection (BFP), City Health Office (CHO), and Environment and Natural Resources Office (ENRO), shall jointly evaluate the application documents, inspect the proposed site and premises, and make written report of their findings and recommendations whether to grant the application or not. The site inspection and evaluation shall be finished in a week’s time. If the findings and recommendation is not favorable, then CPDO shall return the application immediately citing the reasons therefor. Only when the findings and recommendation is favorable that the CPDO endorses the application to the Business Licensing Division of the City Treasurer’s Office (CTO) for assessment purposes and collection of license fees and charges, prior to preparation and issuance of a Business Permit.

For purposes of conducting objective evaluation, the team shall only refer to their respective office mandates and the various other statutes and ordinances, bearing in mind the policy enunciated in this Ordinance.

It shall be the duty of the Evaluation Team to deny or reject Business Permit applications whose submitted documents are found containing false information.

Section 8. Appeal for Returned Application;Temporary Business Permit. Appeal to the City Mayor may be made by the applicant only when all the major concerns/problems pointed out by the Evaluation Team shall have been positively addressed. His/her appeal shall initially pass through the Office of CPDO for re-evaluation, and when warranted, the same is endorsed to the City Mayor for consideration and subsequent issuance of a Temporary Business Permit.

All appeals, however, shall be made by the applicant within fifteen (15) calendar days after his or her receipt of the denial or return of application for a Business Permit; thereafter, no appeal or request for reconsideration will be entertained.

All Temporary Business Permits issued by the City shall automatically become void and legally ineffective after six (6) months from the date of issuance, and no further extension of temporary business permit shall be permitted. Any act to circumvent this provision, such as changing of shop owner’s name or business name, is enough ground to warrant automatic denial of application for a Business Permit.

Section 9. Entrances, Exits, Fences & Orderliness of Junk Yards. Any premises, piece or parcel of land, licensed and used as junkshop whether existing now or hereinafter created, shall have gated entrances and exits and shall be properly and neatly enclosed or separated from adjoining lots by walls or fences not less than 2.4 meters in height such that all junk materials shall be stocked inside the junkshop premises and not be visible to the public. Orderliness and sanitation within the premises shall always be maintained by the junk owner/operator. Failure to observe this provision will be a cause for revocation or denial of Business Permit.

Section 10. Recording Duty of Junk Shop Owners/Operators. Every junk shop owner/ operator shall maintain two (2) kinds of Transaction Books or Registers, one to record acquisitions or purchases and another to record disposals or sales of junk materials herein being monitored and regulated. The Transaction Book or Register specific for acquisitions or purchases shall have contain the following information: the seller’s name, address, sex, age and the Driver’s License or any other valid Identification Card, plus the updated Community Tax Certificate; the date, time and place of acquisition of such materials; the description and quantity of such materials; and the name and address of the person or persons from whom the seller acquired such materials, if any. The Transaction Book or Register specific for disposals and sales shall contain the following information: the buyer’s name and address, sex, age and Driver’s License or any other valid Identification Card, plus updated Community Tax Certificate; the date, time and place of sales or delivery; and the description and quantity of materials sold or delivered.

Such books or registers shall be made available to law enforcers for inspection during business hours, and they shall be preserved for a period of at least three years after the date of last transaction is recorded in such book.

Prior to their use, such Transaction Books or Registers shall both be presented to and accredited by the Naga City PNP and the PSO.

Section 11. Additional Duties. To facilitate monitoring purposes, the following duties shall also be performed by the junk shop owners/operators, to wit:

A. To stockfile separately and apart from other purchased or acquired junks, the
public utility materials, transportation materials, public safety materials, and other
metallic materials defined in Section 4 and herein being monitored and regulated;

B. To report to the Naga City PNP and PSO, preferably in writing or at least by phone, the purchase of regulated materials, within twenty four (24) hours, if such materials are purchased and/or stockfiled within the city;
C. To permit law enforcers to conduct inspection of junkshop premises and transaction books or registers, and to present proof of purchases when requested;
D. To ensure registration of his roving collectors to the City ENRO under the program __________ .

Section 12. Unlawful Transport. It shall be unlawful for any person or entity to transport or cause to be transported for himself or another from any point within the city or to any point outside the city of any materials described in Section 4 and herein being monitored or regulated, except when it is the same kind and quantity, or of lesser quantity, of purchased or acquired material that was reported to the authorities and recorded in the Transaction Book or Register kept by the junk shop owner/operator.

For purposes of transporting the junk materials being monitored and regulated hereof, the junk owner/operator shall inform, preferably in writing or at least by phone, the Naga City PNP and PSO prior to the actual loading of said materials. The Naga City PNP and PSO may monitor the actual loading of junk materials.

Section 13. Duties of the Naga City PNP and PSO. It shall be the duty of the Naga City PNP and PSO to keep the report or information supplied by the junkshop owner/operator in a separate Book or Register maintained in their respective offices as a public record available for verification by any person during office hours.

To attain the purpose and full intent of this Ordinance, it shall likewise be the duty of the Naga City PNP and PSO to conduct orderly, unannounced but coordinated inspection of junkshop premises, and verification of stocked junks and records, during business hours, at such an interval or regularity they deem proper but not less than once a week.

Section 14. Protection of Junkshop Owner’s/Operators’s Rights. Junkshop owners/operators duly issued Business Permit in the City of Naga shall be protected from any form of abuse that could be committed by law enforcers. In this connection, law enforcers shall not require anything from the junkshop owner/operator other than what are expressly required under this ordinance. Conduct of inspections and verifications by law enforcers, as a general rule, shall be done only during business hours; however, if conducted beyond business hours, the law enforcers must present an Order issued by a competent Court. In addition, no seizure or confiscation of junks shall be done by law enforcers unless with valid Court Order.

Section 15. Penalties. Any person or entity found violating any provision of this Ordinance shall be penalized accordingly, as follows:

A. For violating Section 5 hereof, the junkshop shall be closed immediately without any Court Order and the owner/operator shall pay an administrative fine of Three Thousand Pesos (P3,000.00) for the first offense; for second offense, the junkshop shall likewise be padlocked and the owner/operator shall pay an administrative fine of Four Thousand Pesos (P4,000.00); for third offense, the owner/operator shall pay administrative fine of Five Thousand Pesos (P5,000.00) in addition to confiscation of all junk materials and all equipment related to junkshop operation;

B. For violating Sections 10 and/or any provision of Section 11 hereof, the junk shop owner/operator, for the first offense, shall be administratively fined Five Thousand Pesos (P5,000.00), in addition to temporary revocation of Business Permit and the temporarily closure for operation of said junkshop until the owner/operator/dealer has performed his/her duty or duties; for the second offense, the owner/operator shall be administratively fined with another Five Thousand Pesos (P5,000.00), in addition to permanent revocation of Business Permit and permanent closure of junkshop;

C. For violating Section 12 hereof, the junkshop owner/operator shall, for the first offense, be fined Five Thousand Pesos (P5,000.00) and/or imprisonment of fifteen (15) days at discretion of the court, in addition to impounding of vehicle/s being used for transporting junk materials including its/their cargo until such time that cargo have been accounted for and found to be in order; for the second offense, the junk shop owner’s/operator’s Business Permit shall be revoked temporarily, in addition to the penalties stipulated in the first offense; and for the third offense, the junkshop owner’s/operator’s Business Permit shall be revoked permanently, in addition to the fine of P5,000 and/or imprisonment of thirty (30) days at the discretion of the court.

Section 16. Grant of Incentives. The City Mayor’s Office shall formulate guidelines for granting incentives for law enforcers and informants towards the effective implementation of this ordinance. However, this guidelines, among others, shall set the criteria and procedures for the grant of incentives, define the various forms of incentives to be given, protect the identity of infomants, and encourage participation by public utility companies or by whoever private person or entity. Financial incentives, if any, shall be subject to government accounting and auditing rules and regulations.

Section 17. Regulation as to Location. The location of junkshops within the City of Naga shall be governed by the following rules:

A. Junkshops shall be PROHIBITED in the following areas:

1. Within Central Business District One (CBD1) – the area bounded by Naga River from Naga City Public Market to Colgante Bridge, left to Santonja Street, left to Elias Angeles Street, right to Mother Ignacia Street, left to Barlin Street, right to Sta Cruz Proper, left to Hernandez Steet up to corner Zamora Street.

2. Within Central Business District Two (CBD2) – the area bounded by PNR property, Naga City Subdivision, Diversion Road (Roxas Avenue), Triangulo Elementary School, Arago Subdivision, and some private properties of Barangay Triangulo and Lerma

3. In All Resettlement Areas or Housing Projects

4. Along Almeda Highway

5. Along Panganiban Drive

6. Along BMC Road J.Mirande Avenue

7. Along Magsaysay Avenue, Liboton Street (Magsaysay Aveneu Extension) up to the former DWRN Radio Station at Queborac Avenue

8. Along Mayon and Taal Avenue

9. Along Dayangdang and Blumentritt Streets

10. Along Isarog and M. Castro Streets

11. Along Peñafrancia Avenue up to San Felipe-Almeda Road Junction

12. Along Jacob Street and Ocampo Street

13. Along Bagumbayan Street up to Naga-Canaman boundary

14. Along Ateneo Avenue and P. Santos Street

15. Along the streets of Sta. Cruz Proper & Poro and Bayawas Street

16. Along Abella Street up to the former Fiesta Sardine factory

17. Along Feliz Plazo Street up to the Sabang-Mabolo Bridge

18. Along Zamora Street and Tabuco Street

19. Along the streets of Biak-na-Bato, Melgarejo (Plaridel), Fraternidad, Renacimiento, Union, Felix Espiritu and PNR Road

20. Along Naga-Gainza Road up to the Sabang-Mabolo Bridge


B. Junkshops shall be REGULATED in the following areas:

1. along the National Highway from Barangay Mabolo to Barangay Del Rosario, passing through the barangays of Triangulo, Concepcion Pequeña, and Concepcion Grande

2. Along Almeda Road in San Felipe

3. Along Balintawak and Lerma Streets

C. Barangay Balatas and Barangay Cararayan are hereby designated as special zone for junkshops, starting from the junction of Almeda and Balatas Road up to Cararayan-Del Rosario Road, and, for the purpose of this ordinance, the properties therein may be re-zoned from residential/agricultural to commercial area in accordance with City Ordinance No. 2000-071, as amended by City Ordinance No. 2002-043. Thus, junkshops are encouraged to locate their businesses to the said area, subject to some business-related incentives that may be granted by the City Government under a guidelines to be prepared by the CPDO in consultation with the City Mayor and to be approved by the SP.

D. Junkshops presently situated in prohibited areas herein identified and were issued Business Permit/Mayor’s Permit in 2007 shall be allowed to conduct business up to the end of 2008 only; Provided, that a permit is first secured from the City Government.

E. Junkshops presently situated in regulated areas herein identified and were issued Business Permit/Mayor’s Permit in 2007 shall be allowed to continue their business provided that they strictly comply with Section 9 and Section 5 hereof. Violation of Section 9 and/or Section 5 is a ground for revoking the privilege of being allowed to continuously conduct junkshop operation in the regulated area. Cancellation of this privilege or non-operation of business for at least three months disqualifies a person or entity from re-opening his/her junkshop in the same regulated area. Furthermore, junkshops in this area shall not be allowed to expand their existing yards nor put up satellite shops within the regulated and prohibited areas.

F. Only Material Recovery Facilities (MRFs) sanctioned by City ENRO shall be allowed within the resettlement areas or housing projects.

Section 18. Implementation Targets. By April 1, 2008, the mandatory Transaction Books or Registers of all junkshops, duly issued with Business Permit in the City of Naga, shall be ready for use.

By April 16, 2008, stockfiling of junks in accordance with Section 11 (A) hereof shall have been done and ready for inspection by the law inforcers.

All other junkshops, regardless of size, capitalization or location, operating without Business Permit shall secure Business Permit within fifteen (15) days after the publication of this Ordinance; otherwise, they shall be forcibly closed. These junkshops that were able to secure and issued with Business Permit shall likewise be required to observe the target dates mentioned in the first two paragrapgraps of this section.

Non-observance of any of these target dates is deemed a violation of this ordinance.

Section 19. Repealing Clause. All ordinances, resolutions, and executive issuances inconsistent with any provision of this Ordanance are hereby repealed, modified and amended accordingly.

Section 20. Separability Clause. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unsconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 21. Effectivity. This Ordinance shall take effect on April 1, 2008 after its approval by the City Mayor, and its publication in at least one newspaper of local circulation.

ENACTED: _______________