Noise Ordinance

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



Republic of the Philippines
LUNGSOD NG NAGA
Puso ng Bicol
-oOo-

TANGGAPAN NG SANGGUNIANG PANLUNGSOD


PROPOSED ORDINANCE


AN ORDINANCE REVISING ORDINANCE NO. 523, S. 1976 ENTITLED AN ORDINANCE PROHIBITING NOISE IN THE CITY OF NAGA, AND FOR OTHER PURPOSES:-


Author: Hon. Salvador M. del Castillo


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


ARTICLE I
DECLARATION OF POLICY AND DEFINITION OF TERMS


Section 1.- The City of Naga hereby declares that noise is a public nuisance and a danger to health of the people.

Section 2.– Definition of Terms.- For purposes of this ordinance, the following words/phrases as used in this ordinance shall mean:

a. Certificate of Compliance- a certificate issued by the City Environment and Natural Resources Officer to the owner/ operator of a motor vehicle or generator set, stating that sound emitted by said vehicle, engine, motors or generators complies with the provisions of this ordinance.

b. Muffler- a device to reduce noise from the exhaust of an internal combustion engine.

c. Modified Muffler- a device attached to a motor vehicle which was changed in the form or character, and varies from its intended purpose on which a sound booster and other sound emitting device is installed in order to increase noise and for other purposes.

d. Modified Motorcycle- a motorcycle in which the manufacturer’s design was altered, such as handle bars and mufflers.

e. Noise- shall mean any unnecessary, discordant, loud or blaring sound which annoy, disturb, distract, or offend the senses at short or long intervals or that which exceeds Eighty (80) decibels.

f. Scooter- A-three-wheeled vehicle consisting of a board mounted on two tandem wheels, powered by an internal combustion engine.

g. Traffic Enforcers- any person or persons duly authorized by the City Mayor to man the smooth flow of traffic within the territorial jurisdiction of the City of Naga.



ARTICLE II
MOTOR VEHICLE


Section 3.- a) No motor vehicle, motorcycle, motorbike, scooter, modified motorcycle, tricycle or trimobile whether for private use or for hire shall use modified muffler, sound booster or any device that will increase the noise of said vehicle. Such vehicle shall be provided at all times while operating in the City of Naga, with silencers or mufflers that are in good working condition.

b) No motor vehicle, motorcycle, motorbike, scooter, modified motorcycle, tricycle whether for private use or for hire shall emit a sound of more than Eighty (80) decibels while plying the streets of the City of Naga.

c) In order to avoid the occurrence of accidents, particularly those involving single motorcycles, the use of Modified Motorcycles is hereby prohibited within the jurisdiction of the City of Naga.

Section 4.- The City Environment and Natural Resources Officer
of the City of Naga or any of his duly authorized representative shall conduct an inspection of motor vehicles once a year plying the streets of the city for purposes of measuring the sound emitted by such vehicle using an Audio Meter (sound metering device), and enforcing compliance with the requirements of the proceeding Section of this Ordinance. An inspection fee of One Hundred (P 100.00) Pesos shall be paid to the City Treasurer by the motor vehicle owner or operator before issuance of a Certificate of Compliance.


ARTICLE III
ENGINES, MOTORS AND GENERATORS

Section 5.- Stationary engines, motors and electric generators shall be provided with silencers or shall be enclosed with sound proofing device. The owners of such engines, motors, and electric generators are given a period of one (1) year from the effectivity of this ordinance to provide the silencing or sound proofing device required herein.

Section 6.- Electric generators and engines being operated due to the disruption of the regular supply of electric current in the City of Naga shall be allowed to operate without the required silencing or sound proofing device only for the duration of the disruption of electric current.

Section 7.- The City Engineer and the City Environment and Natural Resources Officer or their duly authorized representative, who must be an employee of such offices shall conduct regular inspection nonce a year of such engines, motors and electric generators for the purpose of complying with the requirements of Section 5 hereof. For this purpose, a permanent register of such engines, motors and electric generators shall be kept in their office, for record and reference purposes.

ARTICLE IV
MUSIC AND PUBLIC ADDRESS SYSTEM

Section 8.- No music or sound emanating from Videoke machines, radio, musical instruments, combo, orchestra or public address system shall be amplified outside the residence, business establishment or any building.

Section 9.- Itinerant or mobile public address systems including battery or electrically operated megaphones shall be allowed only for the purposes of making announcements of special public interest, but not for more than five (5) minutes of intermittent announcement on any street within the City of Naga. A permit from the City Mayor, or the Punong Barangay, if the activity is confined within the Barangay, shall first be obtained/secured before any person or entity can use such public address system, stating on the permit the date and inclusive period of time the public address system will be allowed to operate.

Section 10.- No public address system shall be allowed between 12:00 midnight and 6:00 o’clock in the morning.

Section 11.- Exemptions.- During campaign period in connection with either Local and National Elections, the use of Public Address System or Loud Speakers shall be exempted from the coverage of the three (3) preceding Sections of this Article.



ARTICLE V
PENALTY

Section 12.- For the violation of Article II of this Ordinance, the owner/operator of the vehicle shall be fined One Thousand Five Hundred Pesos (1,500.00) for the 1st offense, Three Thousand Pesos (3,000.00) for the 2nd offense, and Five Thousand Pesos (5,000.00) for the 3rd offense or shall be imprisoned for not less than Thirty (30) days nor more than Sixty (60) days or shall suffer both fine and imprisonment at the discretion of the court.

Section 13.- For violation of Article II and IV of this Ordinance, the owner or operator shall be fined Two Thousand Pesos (2,000.00) for the 1st offense, Three Thousand Pesos (P 3,000.00) for the 2nd offense, and Five Thousand Pesos (P 5,000.00) for the 3rd offense or shall be imprisoned for not less than Forty Five (45) days nor more than Sixty (60) days, or shall suffer both fine and imprisonment at the discretion of the court.


ARTICLE VI
MISCELLANEOUS PROVISIONS

Section 14.- Enforcement.- a) The Naga City PNP shall be the lead agency in the implementation of this ordinance. In the absence of the Naga City PNP, the Traffic Enforcers under the Public Safety Office shall have the authority to apprehend and issue the Traffic Citation Ticket to any person driving or operating a motor vehicle in violation of this Ordinance. The Barangay Tanods of the 27 Barangays of the City of Naga are likewise authorized to apprehend violators of this Ordinance within their respective territorial jurisdictions, in addition to the Naga City PNP and the Traffic Enforcers under the Public Safety Office, who, for this purpose, are hereby deputized to implement the provisions of this ordinance.

b) In cases where apprehension of violators was done by the deputized Barangay Tanod, the barangay where such Barangay Tanod belongs, shall share equally with the City of Naga on the fines paid to the City Treasurer

c) The share of the Barangay from the fines mentioned in the
immediately preceding Sub-section shall be credited quarterly by the City Accountant’s Office to the Account of that particular Barangay where the apprehension of violators of this ordinance was made.

Section 15.- Repealing Clause. – The provisions of all ordinances, executive orders, rules and regulations which are inconsistent with, or contrary to the provisions of this ordinance, are hereby repealed, amended or modified accordingly.

Section 15.- Separability Clause.- If any provisions or portions of this ordinance is found to be a violation of the constitution and declared invalid by a court of competent jurisdiction, and provisions or portions thereof which are not so declared, shall remain to be in full force and effect.

Section 8.- Effectivity- This ordinance shall take effect upon approval and Fifteen (15) days after publication in a newspaper of local circulation.

UNANIMOUSLY APPROVED.


Enacted, ____________________ 2007.


xxx xxx xxx


WE HEREBY CERTIFY to the correctness of the foregoing ordinance.


GIL A. DE LA TORRE
Board Secretary IV
Secretary Designate


GABRIEL H. BORDADO JR.
City Vice Mayor
Presiding Officer


APPROVED:


JESSE M. ROBREDO
City Mayor