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$.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
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