An Ordinance Further Amending Article U, Chapter III – Franchise and Other Fees of Tricycle Operations of Ordinance No. 028-01

March 12, 2012 Begun and held at the City Session Hall on Monday, the Twelfth day of March, Two Thousand and Twelve. CANDON CITY ORDINANCE NO. 584-12 AN ORDINANCE FURTHER AMENDING ARTICLE U, CHAPTER III FRANCHISE AND OTHER FEES OF TRICYCLE OPERATIONS OF ORDINANCE NO. 028-01 OTHERWISE KNOWN AS THE "REVISED REVENUE CODE OF CANDON CITY" BE IT ENACTED by the Sangguniang Panlungsod of the City of Candon, Province of Ilocos Sur in regular session assembled, SECTION 1. Article U. Franchise and Other Fees on Tricycle Operations: SECTION 3U.01. Definitions. When used in this Article: "Motorized Tricycle-for-Hire" means a vehicle composed of motorcycle fitted with a single-wheeled side car or a motorcycle with a two-wheeled cab usually being operated to render transport services to the general public for a fee. "Motorized Tricycle Operator's Permit" (MTOP) means a document granting franchise or license to a person, natural or juridical, allowing him to operate tricycle-for-hire over specified zones. "Zone" means a contiguous land area or block, say a subdivision or a barangay, where tricycle-for-hire may operate without a fixed origin and destination. Section 3U.02. General Rules of Entry. 1. Only bona fide residents of the City of Candon as certified to by their respective Punong Barangays are qualified to be operators of tricycle-for-hire within the territorial jurisdiction of the City; 2. No MTOP shall be granted by the city unless the applicant is in possession and custody of the tricycle unit with valid registration papers in his/her name from the Land Transportation Office (LTO); 3. The applicant for an MTOP shall carry a common carrier's insurance from reputable surety/insurance companies not otherwise blacklisted sufficient to answer for any liability it may incur to passengers and third parties in case of accidents. Section 3U.03. Requirements for the Issuance of MTOP. Prior to the issuance of an MTOP, the applicant shall comply with the following: a. Fill out and file an application form prescribed by the Office of the Sangguniang Panlungsod; b. Submit the following documents: Proof of Ownership: Original Copy of OR/CR of the motor vehicle, or in lieu thereof, a Certification issued by the company concerned in case the motor vehicle is not yet fully paid at the time of application or any proof showing ownership; Request Letter duly endorsed by the Barangay TODA President and Punong Barangay of the place of residence of the applicant; Community Tax Certificate; Barangay Clearance. c. Pay the corresponding fees at the time and in the manner provided in the 2 immediately succeeding sections; After the applicant has already accomplished all the requirements mentioned, the City Vice Mayor or his duly authorized representative shall issue the MTOP. Section 3U.04. Franchise and other fees. There shall be collected the following fees for the operation of a "tricycle-for-hire" business: a. Franchise Application Fee P100.00 b. Annual Franchise Fee P250.00 c. Annual Mayor's Permit Fee P100.00 d. Regulatory Fee P100.00 e. Inspection fee P50.00 f. Driver's Accreditation ID P30.00 g. Sticker P15.00 h. Tricycle Plate P150.00 Section 3U.05. Time and Manner of Payment. The franchise application fee shall be paid upon application for an MTOP based on the number of units. The franchise fee shall be paid upon application for an MTOP and annually thereafter, upon its renewal, payable on or before the anniversary date of the MTOP. The Mayor's permit fee shall be due and payable upon its application. Thereafter, in case of renewal, the fee shall be paid within the first twenty days of January of every year. The regulatory fee , inspection fee and sticker fee shall be paid upon application for or renewal of an MTOP. The Driver's Accreditation ID shall be paid upon approval of application for accreditation. The Tricycle Business plate shall be issued and paid upon approval of application for an MTOP. The fees herein imposed shall be assessed by the City Business Permits and Licensing Officer and collected by the City Treasurer or his or her duly authorized representative from every applicant for a new MTOP or renewal thereof. Provided, however, that the fees herein above imposed are separate and distinct from the city license and fees imposed on business under the Revised Revenue Code of Candon City. Section 3U.06. Surcharge for Late Payment. In case of failure to pay any of the fees herein imposed or renewed, the permit within the prescribed period shall subject the operator to a surcharge of twenty five (25%) percent of the original amount due. If paid after 30 days from the due date, an additional interest of two (2%) percent per month thereafter of delay shall be imposed. Section 3U.07. Duration of the MTOP. The MTOP shall be valid for one (1) year renewable for the same period, unless sooner terminated had ceased operation as reported, cancelled or suspended for cause upon due notice and hearing by the Sangguniang Panlungsod. Section 3U.08. Renewal of MTOP. A franchise holder is given one (1) month to renew its franchise before its expiration. The Licensing Officer shall give a written notice 30 days before the expiration of the franchise. Section 3U.09. Non-transferability of the MTOP. The MTOP issued pursuant to this ordinance, being a privilege is hereby declared Non-transferable. Transfer of ownership of the tricycle shall not include transfer of its MTOP, if any. The New owner shall apply for a new franchise from the Sangguniang Panlungsod thru the CTFRB, provided that the new owner is qualified and shall comply with all the requirements provided for in this ordinance. The old Franchise/MTOP shall be automatically revoked from the date of sale. Direct Sale from a franchise Holder to another, use of dummy, rental of franchise or any manner or form of transfer is hereby deemed illegal. Violation of this section shall cause the permanent revocation of the MTOP. Section 3U.10. Sale of MTOP or FRANCHISE. Sale of Franchise Document only, with no tricycle or different tricycle from the one indicated in the franchise is strictly prohibited and shall not be allowed. The buyer of a franchise document only shall have no personality and cannot apply for the transfer of the franchise document in his/her name. Any Franchise Holder found to have done this illegal sale shall be automatically disqualified to apply for a new franchise, and shall be a ground for the revocation of his/her other franchises, if any. Such disqualification shall extend to his/her spouse and his or her unmarried children. Any Franchise Holder who shall sell his/her tricycle including the franchise to any person shall be barred or disqualified from applying for a new tricycle franchise within a period of 5 years from the date of sale or from the date the new franchise shall have been issued to his/her buyer, whichever comes later. The CTFRB shall not, in any manner, accept the application for tricycle franchise of any person who sells his/her tricycle including the franchise within the period prescribed herein. Section 3U.11. Tricycle without Franchise. Operators of tricycle-for-hire without a franchise who are found and caught plying within the City zones asking fares to passengers shall be fined in accordance with the applicable provisions of this Article and shall be impounded and brought to the custody of the Philippine National Police until compliance and payment of the fine imposed. Section 3U.12. Grounds for Cancellation of Franchise. 1. Non-renewal of franchise for a period of 3 months from its anniversary date; 2. Five (5) violations of any of the provisions of this Article within a year; 3. Use or involvement of the motorized tricycle-for-hire in any illegal activity such as, but not limited to: courier of illegal drugs, robbery, theft. Section 3U.13. City Tricycle Franchising and Regulatory Board (CTFRB). There is hereby created a City Tricycle Franchising and Regulatory Board to be composed of the following: Vice Mayor Chairman SP Representative (Chairman, Committee on Transportation and Communication) Vice Chairman City Engineer Member City Planning and Development Coordinator Member City Business Permits and Licensing Officer Member President, Tricycle Operators and Drivers Assoc., if any Member City Treasurer Member President, Liga ng mga Barangay Member Chief of Police, PNP Member Public Order & Safety Officer Representative Member Secretary to the Sanggunian Head, Secretariat Section 3U.14. Powers, Duties, and Functions of the City Tricycle Franchising and Regulatory Board. The City Tricycle Franchising and Regulatory Board shall perform the following: 1. Accept and process application for tricycle franchise; 2. Recommend to the City Vice Mayor the approval and granting of the "Motorized Tricycle Operator's Permit" (MTOP) to qualified applicants, subject to rules and regulations, and existing ordinances on the matter; 3. Recommend to the Sangguniang Panlungsod the amount of fares or adjusted fare increases, periodically, to be imposed in a particular zone or fixed route; 4. Recommend to the Sangguniang Panlungsod other reasonable fees and related charges in the regulation of tricycle-for-hire, after conducting a public hearing for that purpose; 5. Promulgate rules and regulations for the proper implementation of this Article, which shall continue to be in full force and effect until revoked or modified by the Sangguniang Panlungsod; and 6. Perform such other duties, powers and functions as may hereinafter be authorized by the Sangguniang Panlungsod. Section 3U.15. Quorum. Majority of the members of the CTFRB shall constitute a quorum . Section 3U.16. Internal Rules of Procedure. The CTFRB shall formulate and adopt its own internal rules of procedure as it may deem proper, including its regular meetings and necessary standing committees. Section 3U.17. Rules and Regulations. 1. Only tricycles in good condition and certified by the office of the Sangguniang Panlungsod as roadworthy shall be allowed to operate and be granted a franchise; 2. No tricycle-for-hire unit shall be allowed to operate within the territorial jurisdiction of the City of Candon without having first complied with the following: a. Motor vehicle registration with the LTO for the current year; b. Annual/semi-annual safety inspection check-up; c. Issuance of MTOP; d. Payment of prescribed fees to the Office of the City Treasurer. 3. All tricycle drivers in the City of Candon are required to be accredited by the City Government before they can be allowed to drive. Application for accreditation shall be done upon application for an MTOP or upon renewal thereof. To be accredited, a driver must comply with the following requirements: Negative sputum test result Photocopy of Driver's License 2 pcs. of 2 x 2 picture Barangay Clearance Community Tax Certificate A Candon City Accredited Tricycle driver is identified immediately upon payment of the accreditation fee and by way of the issuance by the Business Permits and Licensing Office of the Authorized Tricycle Driver's Identification Card (ATD ID) to be carried at all times by the driver and the same to be posted in a conspicuous place inside the tricycle for ready identification by the passengers; 4. Tricycle Operators or the authorized drivers are prohibited to operate on national highways utilized by 4-wheel vehicles greater than 4 tons and where normal speed exceed forty (40) KPH; 5. Operators or owners of tricycle-for-hire shall only employ drivers who are holders of valid professional driver's license with correct and proper restriction code and/or Code No. 1 issued by the LTO; 6. Each tricycle unit shall be assigned and bear an identification number, aside from the motorcycle plate number; 7. No driver or operator of tricycle-for-hire shall be allowed or permitted to operate without first complying with the proper color-coding and body number of tricycles in pursuant to Section 3U.18 of this Article; 8. Operators or drivers of tricycle-for-hire are not allowed to collect/charge more than the allowed fare rate as determined by the Sangguniang Panlungsod; 9. Motorized tricycle-for-hire must have complete accessories such as headlight, stoplight, taillight, signal light, hand break, flasher and silencer. Non-compliance of which shall be dealt with under existing laws or ordinances on the matter, specifically Ordinance No. 382. 10. No driver or operator of tricycle-for-hire shall refuse to convey passengers to their destination within their allocated or designated route or area of operation, to be determined by the Sangguniang Panlungsod; 11. Until such time that necessary zones are fixed, tricycle-for-hire shall be allowed to operate like a taxi service, i.e., service is rendered upon demand and without a fixed route; 12. The official fare rates to be adopted shall be governed by existing laws or ordinances on the matter until further reviewed and amended by the Sangguniang Panlungsod; 13. All drivers of tricycle-for-hire are required to wear rubber shoes, polo shirt, long pants, and their prescribed chelekos as well as other requirements as may herein after be imposed by the Sangguniang Panlungsod; 14. Tricycle-for-hire shall only be allowed to carry 5 passengers, including the driver; 15. Operators of tricycle-for-hire are required to post in a conspicuous but appropriate part of the tricycle the schedule of fares and laminated photocopy of their franchise and Mayor's permit receipt; 16. Operators of tricycle-for-hire are required to put a garbage can/bag in their tricycles; 17. Transfer of operation to another zone shall require a new application and subject to existing rules and regulations; 18. The MTOP shall be valid only for the period stated therein but may be renewed upon its expiration, pursuant to Section 3U.08 of this Article and subject to existing rules and regulations on the matter; 19. There should only be one (1) terminal for every zone unless otherwise authorized by the Sangguniang Panlungsod; 20. Operators who intend to stop service completely shall report in writing such termination to the Sangguniang Panlungsod. Furthermore, the MTOP issued shall be surrendered for cancellation. 21. Operators who suspend service for more than one (1) month shall report in writing such suspension to the Sangguniang Panlungsod; 22. Painting or placing a "For Service Only" sign on tricycle units with MTOP is strictly prohibited. 23. Owners of private tricycles are hereby prohibited from painting their unit with lemon yellow. A sign/sticker "NOT FOR HIRE" at the front and back portion of the body of the private motorized tricycle shall be indicated. 24. The City Vice Mayor shall grant tricycle franchises up to 2,530 only. Section 3U.18. Zones. The different tricycle zones shall be determined in a separate ordinance to be enacted for that purpose. Section 3U.19. Color Coding and Body Number. The Tricycle Sidecars shall be painted with color Lemon Yellow. A 10"x12" white box shall be painted at the front and at the back of each tricycle sidecar, where the four-digit franchise number measuring 5"x8" will be painted. The color of the franchise number shall be determined by the route of the tricycle, as follows: North East Red North West Black South East Orange South West Light Blue There shall also be painted at the front and at the back of the tricycle sidecar the words "City of Candon." Section 3U.20. Violations and their Corresponding Penalties. 1. Improper dress code (wearing of slippers, short pants, sando) 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 2. Arrogance and Discourtesy 1ST OFFENSE P200 2ND OFFENSE 300 3RD OFFENSE and SUCCEEDING OFFENSES 400 3. Not carrying OR/CR P150 4. Fake Identification/driver's license/OR/CR/MTOP P1,000 5. Fake OR/CR plate/sticker/tag/document P1,000 6. Driving without Driver's license or Not carrying Driver's License 1ST OFFENSE P1,000 or impoundment of vehicle until fine is paid 2ND OFFENSE 1,500 or impoundment of vehicle until fine is paid. 3RD OFFENSE and SUCCEEDING OFFENSES 2,000 or impoundment of vehicle until fine is paid 7. Driving without Accreditation ID or Not carrying Accreditation ID P150 8. Driving with student's permit only 1ST OFFENSE P1,000 or impoundment of vehicle until fine is paid 2ND OFFENSE 1,500 or impoundment of vehicle until fine is paid 3RD OFFENSE and SUCCEEDING OFFENSES 2,000 or impoundment of vehicle until fine is paid 9. Driving with invalid, suspended, fake, revoked, expired or borrowed license 1ST OFFENSE P1,000 or impoundment of vehicle until fine is paid 2ND OFFENSE 1,500 or impoundment of vehicle until fine is paid 3RD OFFENSE and SUCCEEDING OFFENSES 2,000 or impoundment of vehicle until fine is paid 10. No body number 1ST OFFENSE P200 2ND OFFENSE 300 3RD OFFENSE and SUCCEEDING OFFENSES 400 11. Painting or Placing of "FOR SERVICE ONLY" Sign 1ST OFFENSE P300 2ND OFFENSE Cancellation of Franchise 12. Disregarding/violating traffic rules a. No parking/loading/unloading 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 b. No U-turn 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 c. No entry 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 d. No right or left turn 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 13. Driving against traffic flow 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 14. Driving under the influence of liquor or drugs 1ST OFFENSE P500 or impoundment of vehicle until fine is paid 2ND OFFENSE 750 or impoundment of vehicle until fine is paid 3RD OFFENSE and SUCCEEDING OFFENSES 1,000 or impoundment of vehicle until fine is paid 15. Reckless driving/racing with other vehicles 1ST OFFENSE P200 2ND OFFENSE 300 3RD OFFENSE and SUCCEEDING OFFENSES 400 16. Failure to give proper signal 150 17. Failure to dim headlights 150 18. Illegal overtaking 1ST OFFENSE P200 2ND OFFENSE 300 3RD OFFENSE and SUCCEEDING OFFENSES 400 19. Blocking/cutting vehicle 1ST OFFENSE P200 2ND OFFENSE 300 3RD OFFENSE and SUCCEEDING OFFENSES 400 20. Traffic obstruction 1ST OFFENSE P200 2ND OFFENSE 300 3RD OFFENSE and SUCCEEDING OFFENSES 400 21. Overcharging of fare 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 22. Not giving discount to senior citizens/students 1ST OFFENSE P100 2ND OFFENSE 150 3RD OFFENSE and SUCCEEDING OFFENSES 200 23. Drinking liquor/gambling at designated parking/terminal 1ST OFFENSE P200 2ND OFFENSE 300 3RD OFFENSE and SUCCEEDING OFFENSES 400 24. Nuisance Muffler (noise) 300 25. Smoke belching 300 26. Colorum or unfranchised operator 1ST OFFENSE P1,000 or impoundment of vehicle until fine is paid 2ND OFFENSE 1,500 or impoundment of vehicle until fine is paid 3RD OFFENSE and SUCCEEDING OFFENSES 2,000 or impoundment of vehicle until fine is paid Section 3U.21. Notice to Motorized Tricycle-for-hire Operator/Driver/Owner. Every tricycle operator or driver shall be provided with the list of violations and penalties for their information and guidance. Section 3U.22. Traffic Violation Ticket/Traffic Citation Ticket. A TVT or TCT shall be issued to the erring driver indicating therein the violation/s. Driver/operator shall pay the corresponding fine at the Office of the City Treasurer during weekdays within seventy-two (72) hours from the date of apprehension. In case of failure to pay within the prescribed period, an interest of two (2%) percent of the amount due per everyday thereafter of delay shall be imposed. Section 3U.23. Collection from penalties. All fees or fines collected or generated due to violations committed shall accrue to the General Fund of the City. Section 3U.24. Reservation. Nothing in this Article shall be construed to diminish the authority of the Sangguniang Panlungsod to perform the following: issue, amend, revise, suspend, or cancel MTOP and prescribe the appropriate terms and conditions therefor; determine, fix, prescribe or periodically adjust fares or rates for the service provided in a zone after conducting a public hearing; prescribe and regulate zones of service in coordination with the barangay; fix, impose, and collect, and periodically review and adjust but not oftener than once every three (3) years, reasonable fees and other related charges in the regulation of tricycle-for-hire; issue additional rules and regulations as it may deem fit and necessary for the proper implementation of this ordinance; establish and prescribe the conditions and qualifications of service and such other matters regarding the operation of Motorized tricycle-for-hire within the territorial jurisdiction of the City of Candon. Section 3U.25. Transitory Provision. All permits issued by the City Mayor thru the BPLO and MTOP issued by the City Vice Mayor shall remain valid until their expiry date. Operators, however, may choose to apply for a new MTOP or amendment of their existing permit at anytime. Section 3U.26. Penalty Provision. For violation of any provision of this Article not heretofore specifically punished, an administrative fine of two hundred (P200.00) pesos shall be imposed for the first offense, three hundred (P300.00) for the second offense, and four hundred (P400.00) pesos for the third and succeeding offenses or impoundment of the unit in case fine is not paid. For every day that the unit is impounded, the operator shall pay a storage fee of fifty (P50.00) pesos per day plus the penalty. SECTION 2. Applicability Clause. All other related matters not specifically provided in this ordinance shall be governed by the pertinent provisions of existing applicable laws or ordinances. SECTION 3. Effectivity. This Ordinance shall take effect immediately upon approval. (SGD.) KRISTELLE G. SINGSON City Councilor (SGD.) NESTOR R. ITCHON City Councilor (SGD.) GEORGE T. VALDEZ City Councilor (SGD.) RHODANA C. ABRERO City Councilor (SGD.) ARISTEO V. VALDEZ City Councilor (SGD.) FLORENDO P. MANGASAR, JR. City Councilor (SGD.) OSEAS I. DIASEN City Councilor (SGD.) FREDELINO L. BALAGOT, JR. City Councilor (SGD.) MARVIN A. TIBANGWA City Councilor (SGD.) MA. CHARINA F. BONA City Councilor NOEL D. SINGSON City Councilor GRACE MARIELLE S. SINGSON City Councilor I HEREBY CERTIFY that this ordinance was enacted on third and final reading by the Sangguniang Panlungsod during its regular session held at the City Session Hall on March 12, 2012. (SGD.) JERRY B.A. MALAMION Secretary to the Sangguniang Panlungsod ATTESTED: (SGD.) ALFONSO D. SINGSON Vice Mayor & Presiding Officer APPROVED: March 16, 2012 (SGD.) ALLEN G. SINGSON City Mayor