OPEN PDF

$.rgullifa ng flilipinar
SANGGUMANG PANLUNGSOD NG MARIKINA
ORDINANCE No. 012
Series of 2006
ORDINANCE MANDATING MOTORISTS AND GASOLINE STATION OWNERS
WITHIN THE CITY OF MARIKINA TO COMPLY WITH SAFETY MEASURES IN
REFUELING MOTOR VEHICLES
Introduced
by: Councilor
JOSE
FABIAN I. CADIZ, M.D.
WHEREAS, based on accident reports, the common causes of fire and explosion
incidence occuning while motor vehicles are being refueled can be attributed to the
unsafe practices of some motorists or pump station crews, such as smoking and using
mobile phones while refueling in the forecourt, straddling/sitting on motorbikes and
filling ofpetroleum products on low quality plastic containers, among others;
WHEREAS, it is imperative in the interest of public order, health and safety that gasoline
stations adopt basic/standard safety regulations in gasoline service stations to prevent if
not minimize destruction of property or loss of life;
WHEREAS, Section 16 of Republic Act No. 7160, otherwise known as the "Local
Govemment Code of 1991" provides:
"x x x SECTION I6. General Welfare. Every local government unit shall
exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its
fficient and elfective go1)ernance, and those which are essential to the
promotion of the general welfare. x x x x qmong other things, the
preservation and enrichment of culture, promote health and safety, x x x x
maintain peace and order, and preserve the comfort and convenience of
theirinhabitantsxxx"
NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED BY THE
SANGGLTNIANG PANLLTNGSOD of MARIKINA, in session duly assembled, that:
l.
SECTION
The City Govemment of Marikina hereby mandates motorists and gasoline
station owners within the City of Marikina to comply with safety measures in refueling of
motor vehicles.
SECTION 2. Dehnition of Terms. Within the context of this ordinance, the following
terms shall mean:
FORECOURT- a driveway or open space leading to and within the gasoline
refueling station.
b. NOZZLE - a small tube or spout attached to a pipe or hose, usually an outlet.
PUMP CREW - a person employed by the gasoline refueling station to
operate machine or device for transfening gasoline or diesoline into the fuel
tank of motor vehicle; any such person who dispenses petroleum products.,
v/
I
ORDINANCE NO. 012
SERIES
OF
2006
PAGE2...........3
d.
e.
SECTION
REFUEL - to supply a motor vehicle with fuel.
STRADDLE - to sit on a motorbike with the legs wide apart.
3.
Prohibited Acts
the forecourt:
a.
b.
c.
d.
-
The following acts are hereby stricrly prohibited within
Igniting a iighter or match for whatever purpose.
Using mobile phone.
Running the engine while refueling.
Straddling/sitting on the vehicle/motorbike while refueling.
Using an unauthorized plastic container for take out purchase of petroleum
products.
SECTION 4. Notice and Waming - The owner/operator of the refueling station shall post
the following signs along the entrance premises or in such conspicuous place within the
forecourt as waming to customers, station pump crew employees, and the public at large:
a.
b.
c.
d.
e.
No smoking.
Switch off mobile phone while refueling. Using mobile phone while refueling
can cause fire or explosion.
Switch off engine. Running the engine while refueling can cause fire.
Get off from motorbike or tricycle while refueling.
Use only approved containers for take-out purchase of petroleum products.
SECTION 5. Penalty Clause.
a.
Any person, motorist and station crew found violating the provisions under
Section 3 shall be penalized for every infraction a fine ofOne Thousand Pesos
(Php1,000.00) or an altemative penalty of six (6) hours commrurity service or
donation ofone unit ofblood to the blood bank ofthe city govemment.
.b. Gasoline station operator/owner shall be meted a graduated penalty for
violation of Section 3. Section 4 and for everv violation ofthe station
crew, as follows:
OFFENSE -
FIRST
SECOND OFFENSE
THIRD OFFENSE AND
SUBSEQUENT OFFENSES
One Thousand Pesos (Php1,000.00)
Two Thousand Pesos (Php2,000.00)
Three Thousand Pesos (Php3,000.00)
SECTION 6. Implementing Offices. The City Mayor shall deputize teams from the
Marikina Bureau of Fire, Marikina Philippine National Police, Traffic Management Unit
(TEU), Office of Public Safety and Security (OPSS) and the City Transportation
Management and Development Office (CTMDO) to conduct surveillance and monitoring
of strict observance of this ordinance and apprehend violators thereof.
An ordinance violation receipt shall be issued to the offender, indicating therein the
names and address ofthe offender, the nature of violation, date and time of apprehension,
and the corresponding fine imposed under Section 4 hereof.
SECTION 7. The Marikina Bureau of Fire or the Office of Public Safety and Security
are hereby tasked to formulate the Implementing Rules and Regulations (lRR) for
effective enforcement and implementation of this ordinance.p
I
ORDINANCENO. OI2
SERIES
OF
2006
PAGE3...........3
SECTION 8. This ordinance shall take effect upon approval.
APPROVED BY THE SANGGUNIANG PANLLTNGSOD oF MARIKINA this 25th dav
of January, 2006.
I
HEREBY CERTIFY TO THE
PASSAGE
OF THE
FOREGOING
ORDINANCE, WHICH WAS DULY
APPROVED BY THE CITY COUNCIL OF
MARIKINA DURING ITS 4'" REGULAR
SESSION HELD ON JANUARY 25. 2006.
.OLITA E. DE LEON
ATTESTED & CERTIFIED
TO BE DULY APPROVED:
IN S.ANDRES, M.D.
ayor/Presiding Officer
APPRovED"" ?B
FFR, 2nn6
ft'-;A/ fux*rh
MA. LOTJRDES C. FERNANDO
City Mayor