An Ordinance Regulating the Establishment of Billboards, Streamers, Posters, Signs or Signboard Structures, Amending for the Purpose Certain Provisions of Ordinance No. 01, Series of 1996, Otherwise Known as the General Santos City Revenue Code of 1996, Providing Penalty for Violation Thereof, and for Other Purposes

April 7, 2011 Excerpt from the Minutes of the 38th Regular Session of the 16th Sangguniang Panlungsod, City of General Santos, Held at the Sangguniang Panlungsod Session Hall on Thursday, April 07, 2011. PRESENT: Hon. Vivencio E. Dinopol City Councilor & Presiding Officer Hon. Ronnel C. Rivera City Councilor Hon. Elizabeth B. Bagonoc City Councilor (Floor Leader) Hon. Richard L. Atendido City Councilor (1st Asst. Floor Leader) Hon. Nepthale P. Natividad City Councilor Hon. Eduardo D. Leyson IV City Councilor Hon. Dante S. Vicente City Councilor (2nd Asst. Floor Leader) Hon. Virginia T. Llido City Councilor Hon. Marius Orlando A. Oco City Councilor Hon. Margareth Rose N. Santos City Councilor Hon. Remus P. De Claro City Councilor Hon. Lourdes F. Casabuena City Councilor (President, Liga ng mga Barangay) ABSENT: Hon. Shirlyn L. Baas-Nograles City Vice-Mayor (OL) Hon. Dominador S. Lagare, III City Councilor (OL) Hon. Mac Alejandre M. Tablazon City Councilor (SK Federation President) WHEREAS, Ordinance No. 01, series of 1996, otherwise known as the General Santos City Revenue Code of 1996, regulates and imposes fees for the establishment of signs, signboards, billboards and advertising materials in the City of General Santos; WHEREAS, there is a proliferation of posting or attachment of signs and billboards and establishment of signs and signboard structures of all shapes and sizes in areas within the City not designated for the purpose or in contravention of the standards set by the National Building Code; WHEREAS, it behooves upon the Sanggunian to promote the safety and comfort of the constituents of the City through designation of places where these signs, signboards, billboards and advertising materials may be posted, attached, erected or established, and to ensure that signs and signboard structures are safe or conforming to the standards provided by applicable national laws and by this Ordinance; WHEREAS, pursuant to the Local Government Code of 1991, local government units shall ensure, among other things, the safety and comfort of its constituents, such that the City may declare, prevent or abate nuisance billboards, signs, or signboards and its structures. NOW, THEREFORE, on motion of City Councilor Eduardo D. Leyson IV for joint sponsorship, duly seconded by City Councilors Nepthale P. Natividad, Margareth Rose N. Santos, Dante S. Vicente and Elizabeth B. Bagonoc, be it RESOLVED, as it is hereby resolved to enact the following Ordinance: GENERAL SANTOS CITY ORDINANCE NO. 006-11 AN ORDINANCE REGULATING THE ESTABLISHMENT OF BILLBOARDS, STREAMERS, POSTERS, SIGNS OR SIGNBOARD STRUCTURES, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF ORDINANCE NO. 01, SERIES OF 1996, OTHERWISE KNOWN AS THE GENERAL SANTOS CITY REVENUE CODE OF 1996, PROVIDING PENALTY FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES Joint Sponsorship Be it enacted by the Sangguniang Panlungsod, City of General Santos, that: SHAcID ARTICLE I General Provisions SECTION 1. Definition of Terms. As used in this Ordinance, the following terms shall mean: 1. Advertising Sign A sign or signboard structure that directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered at a place other than where the business, profession, etc.,is located. An off-premise sign. 2. Arcade Any portion of a building above the first floor projecting over the sidewalk used to protect pedestrian from rain and sunlight. 3. Back-to-Back Sign Advertising sign consisting of two signboards oriented in opposite direction. 4. Billboard A display panel for posting advertising material. 5. Building Permit A written authorization granted by the Building Official to an applicant allowing him to proceed with the construction of a specific project after plans, specifications and other pertinent documents have been found to be in conformity with P.D. 1096 or the National Building Code and its Implementing Rules and Regulations. 6. Business Sign An accessory sign that directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered in the same place where the business is located. An on-premise sign. 7. Certificate of Use A written authorization issued/granted by the Building Official after final inspection and submittal of a duly notarized certificate of completion that the building/structure comply with Presidential Decree No. 1096. aScIAC 8. Directional Sign An official sign directing traffic movement, parks, government institutions, landmarks, etc. 9. Display Sign Any material, device or structure that is arranged, intended, designed, or used as an advertisement, announcement or directory that includes a sign, sign screen, signboard or advertising device of any kind. 10. Display Stand Any movable structure, table showcase, cabinet and the like where commodities, products are displayed. 11. Display Surface The entire area of the signboard or the entire area enclosed by the extreme limits or perimeter of the signboard. 12. Double Faced Sign An advertising sign with two adjacent faces oriented in the same direction and not more than three (3) meters apart the nearest points between the faces. 13. DPWH Department of Public Works and Highways. 14. Easement A kind of public open space defined under the Civil Code and other related laws that must be absolutely free of all forms of physical obstructions that can negatively affect natural light and ventilation within such space or that can impede access to or the full recreational use of such space by the general public. It is the area that may lie between legally usable portions of a public or private property and natural or man-made bodies of water such as seas, rivers, lakes, esteros, canals, waterways, floodways, spillways and the like. 15. Electrical Sign Any sign which has characters, letters, figures, designs, faces, backgrounds, or outline illuminated by incandescent or fluorescent lamps or luminous tubes as part of the sign or signboard proper. These light sources are external or internal. LLpr 16. Electronic Sign An electronically operated advertising medium like lighted electronic diodes, etc. 17. Ground Sign An on-premise sign or signboard structure with the support resting on the ground, of which height shall not exceed six (6) meters. 18. Immediate Approaches shall mean a distance not exceeding fifty (50) meters from the periphery of said areas. 19. Imprint A plaque or sticker identifying the service provider/owner, office address, telephone number and other information. 20. Local Road A city street, road or alley not otherwise classified by law as national road. 21. Multi-Faced Sign An advertising sign or signboard structure with three or more faces oriented in different directions. 22. National Road Any public road, classified as primary or secondary, declared as national road by the President of the Philippines upon recommendation of the Secretary of Public Works and Highways, satisfying the conditions set forth under Executive Order No. 113, establishing the Classification of Roads. 23. Official Sign Any sign setting forth information pursuant to law owned by the government. 24. Off-Premise Sign An advertising sign or signboard structure usually located along national road that advertises goods or services that are sold or offered at a place other than where the sign or signboard is located, using free-standing upright supports or roof mounted sign. CEASaT 25. On-Premise Sign A sign or signboard structure located within the place where the goods or services are sold or offered; also called as Business Sign. 26. Poster A fabricated flat surface upon which a message or information is posted or painted. aa. Poster Areas Areas so designated by the City Government where signs and signboards or its structures may be displayed, established or erected. bb. Projecting Sign A sign fastened to, suspended from or supported on a building or structure the display surface of which is perpendicular from the wall or is at an angle from there. 1. Road-Right-of-Way (RROW) A kind of public open space for the continuous flow of pedestrian and vehicular traffic that must be free of all forms of prohibited physical obstructions. The RROW is the area lying between two (2) or more parallel properties and its width is horizontally measured from opposite property lines. dd. Roof Mounted Sign A sign installed on roofs, roof decks. ee. Service Provider Owner of an advertising sign or signboard structure. 1. Setback The horizontal distance measured from the outermost face of the building/structure to the property lines that must be absolutely free of all forms of physical obstructions that can negatively affect natural light and ventilation or that can impede access to the sides and rear area. gg. Sign/Signboard Any letter, word, numerical, pictorial presentation, illustration, declaration, emblem, logo, device, symbol or trademark, banner or pennant, whether illuminated or not, electronic, static or dynamic, or any figure or similar character that is attached to, painted on, or in a manner represented on a building or structure used to announce, direct attention to or advertise and visible to the public. HIaSDc hh. Sign Permit A written authorization granted by the Building Official to an applicant allowing him to install/attach display signs on a structure. 1. Sign Structure Any means to support the installation of sign/signboard and this includes the structural frame, anchorages and fasteners to support and suspend such sign/signboard. 2. Temporary Sign Advertisement/Announcement using cloth or other light and combustible material with or without frame and installed for a limited period. kk. Wall Sign An advertising sign that is painted on, attached or fastened to the surface of the wall or any part of a building the surface of which is parallel to the wall surface. SECTION 2. General Provisions. The following provisions shall govern in the establishment or maintenance of signs or signboards and its structures: (a.) The contents of signs and signboards shall adhere to the Code of Ethics for Advertising and Promotion, this Ordinance, and to the rules and regulations as the Sangguniang Panlungsod may hereinafter provide. (b.) Signs or signboard structures shall promote and uphold the public good especially in historical monuments and shrines, natural scenic areas, parks, parkways and their immediate approaches. (c.) Signs shall display or convey only messages or visuals that conform to public decency and good taste. (d.) Signs or signboard structures shall follow standards of design, construction and maintenance in the interest of public safety, convenience, good viewing and to promote proper urban design or community architecture. (e.) Signs or signboard structures may be constructed only in areas where the City zoning regulations permit them. However, no sign or signboard structure shall be placed nor erected on parks and playgrounds, beside power substations, and on residential, institutional and recreational zones. (f.) Signs or signboard structures shall be constructed in accordance with the provisions of Section 2003, Chapter 20 of the National Building Code. Sign or signboard structures exceeding three (3) meters in height from the ground shall be adequately designed and constructed based on the generally accepted architecture and engineering practice. Design plans shall be signed and sealed by a duly registered Architect or Civil Engineer. DCAEcS (g.) Signs or signboard structures built within highly restrictive zones shall be of incombustible materials. No combustible materials other than approved plastics shall be used in the construction of electrical signs. (h.) Signs or signboard structures equipped with electrical devices shall have an electrical wiring plan conforming to the latest provisions of the Philippine Electrical Code (PEC) duly signed by a professional Electrical Engineer. (i.) Signs shall be placed in such a manner that no part of its surface will interfere in any way with the free use of a doorway, a fire escape, stand pipe or other required means of exit and fire-protective devices. (j.) Signs shall be erected in such a manner as not to confuse or obstruct the view or interpretation of any public sign, traffic signal or device, nor obstruct the sight, attract or distract the attention of motorists, reflect blinding light or cause glare to oncoming traffic. (k.) Signs shall only be written in English or in the local dialect. (l.) If several signboards are located inside one property or building, the bottom line of the adjacent signboards shall follow a common base line to preserve aesthetic value of the site. ARTICLE II Signs or Signboard Structures SECTION 3. Building Permit. Any person desiring to construct, erect, install, strengthen, alter a sign or signboard structure shall secure a building permit at the Office of the Building Official covering any of the afore-cited scope of work. The following documentary requirements shall be submitted by the applicant or service provider together with an accomplished and notarized Building Permit application form endorsed by the lot/building owner: (a.) For proposed construction, erection/installation of signs or signboard structures along national roads or highways, a clearance issued by Department of Public Works and Highways stating that the minimum yard/setback requirements are properly observed; (b.) For construction, erection/installation along local roads, a Locational/Zoning Clearance from the City Planning and Development Office; (c.) Proof of Ownership, if the applicant is the registered owner of the lot/building: EDISaA c.1.) Certified true copy of OCT/TCT, on file with the Registry of Deeds; c.2.) Tax Declaration; and c.3.) Current Real Property Tax Receipt. (d.) In case the applicant is not the registered owner of the lot/building, in addition to the above, a duly notarized Contract of Lease; (e.) Five (5) sets of design plans, specifications and other related contract documents; (f.) Certificate of Occupancy, if the sign or signboard structure is roof or wall mounted. No new free-standing and/or roof mounted off-premise sign or signboard structures shall be constructed/installed on private lots along national or local roads unless a valid building permit is secured from the Office of the Building Official. The Office of the Building Official, prior to the issuance of a building permit over a new free standing or roof-mounted sign or signboard structure, shall see to it that a clearance from the Department of Public Works and Highways (DPWH) has been issued by the Secretary or his/her duly authorized representative covering construction/installation of signs and signboard structures located along national road, or a clearance from the City Planning and Development Office has been issued covering construction/installation of signs and signboard structure located along local road, to ensure that the setback requirements are complied with. The issuance of the clearance, building, sign and other permits shall be ministerial once an endorsement has been issued by the DPWH Secretary or his/her authorized representative on construction/installation of signs and signboard structures located along national road. SECTION 4. Certificate of Use. Upon completion, the owner, applicant or service provider shall submit a duly notarized Certificate of Completion together with the construction logbook, as-built plans and specifications and the Building Inspection Sheet, all signed by whoever is the contractor and signed and sealed by the owner's duly licensed Civil Engineer who undertook the full-time inspection and supervision. SECTION 5. Sign Permit. Upon issuance of the Certificate of Use, the applicant/service provider shall secure a Sign Permit if he/she desires to install or attach any sign to the structure. SECTION 6. Certificate of Annual Inspection. Field inspection shall be conducted annually by the Office of the Building Official and validate the structure whether the same is structurally stable, well maintained and that no enlargement has been done by the service provider or owner thereof. The assessment made by the Office of the Building Official and the waiver(s) issued by a Structural Engineer certifying on the stability of the sign or signboard structure shall be the basis in the renewal of the Sign Permit and issuance of Annual Inspection Certificate. cEHITA SECTION 7. Design and Construction of Sign or Signboard Structures. Sign or signboard structures shall be provided with an appropriate device, such as pulleys, capable of being lowered jointly and severally by the owner of the sign structure and the advertising agency upon receipt of typhoon advisory Signal No. 2 issued by PAG-ASA within the area of the sign or signboard structure. SECTION 8. Free-Standing and Roof Mounted Off-Premise Signs. New and existing free standing and roof mounted off-premise signs shall be allowed under the following guidelines: (a.) New free-standing and roof mounted off-premise signs or signboard structures along national and local roads shall have a setback of five (5) meters at the front and two (2) meters at the sides and rear. The setback provision shall be measured from the front yard property line of the private property to the outermost edge of the billboard display frame. (b.) In cases where there is no development yet introduced by the lot owner and where maximum yard and setback ranges from twenty (20) meters or more from the outermost board edge of the road-right-of-way, the maximum height of signs/signboard structures shall be twenty-five (25) meters. (c.) Sizes of new signs and signboard structures vary from six (6) meters by eight (8) meters or eight (8) meters by twelve (12) meters up to two hundred twenty-five (225) square meters depending on the location, the stability of the upright supports, and the compliance of the setback requirements and zoning classification of the site. (d.) The minimum distance of new signs or signboard structures shall be one hundred (100) meters apart. (e.) Existing free-standing or roof mounted off-premise signs or signboard structures with or without a current building permit and which have not been found or declared to be dangerous or ruinous may continue to operate and be issued the appropriate building, sign/signboard, attachment permit upon submission of the appropriate certification by a duly accredited Structural Engineer that the free-standing or roof mounted off-premise sign or signboard structure is structurally safe: Provided, that a DPWH or Office of the Building Official clearance is issued to the service provider and the corresponding penalties, fines and building permit fees are paid. The issuance of the clearance, building, sign and other permits shall be ministerial once an endorsement has been issued by the DPWH Secretary or his/her authorized representative on construction/installation of signs and signboard structures located along national road. (f.) The service provider shall secure and submit an insurance coverage policy annually over the existing free-standing or roof mounted off-premise signs or signboard structures in the amount of One Hundred Thousand Pesos (P100,000.00) to answer for any damage or injury caused by defective installation, improper or lack of maintenance of signs and signboard structures. (g.) Installation of roof mounted signs on existing buildings/structures shall only be allowed if the same are designed in accordance with the provisions of this Ordinance, guidelines issued by DPWH and Section 108 of the National Structural Code of the Philippines. However, if the building/structure is found to be no longer structurally sound, the installation of sign or signboard structure shall be discouraged unless the building or structure is retrofitted. DTcACa SECTION 9. Material Requirements. In addition to the provisions on Materials of Section 2004 on Supports and Anchorages of the Revised IRR of the Building Code of the Philippines, and Chapter IV, Article I, Section 129, No. 16.13-15, of General Santos City Revenue Code of 1996, the following rules shall be complied with in establishing signs or structures: (a.) Signs consisting of banners, pennants, tarpaulins and other similar non-rigid materials shall not be installed near power lines. (b.) Sign structures carrying signs and signboards made of such materials shall be required to maintain a horizontal clearance from the power lines in accordance with Rule XIII, Table XIII.1, Revised IRR of the National Building Code. SECTION 10. Maintenance of Signs or Signboard Structures. Signs or signboard structures shall be maintained in a safe and presentable condition. Should a sign or signboard structure become, in the opinion of the DPWH or the Office of the Building Official concerned, unsafe or show extensive deterioration due to poor maintenance, the service provider/lot/building owner, upon notice of the Office of the Building Official, shall immediately restore the sign to a safe and satisfying condition. For noncompliance within fifteen (15) days after receipt of the notice, the DPWH/Office of the Building Official shall summarily dismantle the sign or signboard structure, with the cost of dismantling charged to the expense of the service provider. All signs, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation jointly by the owner of the sign or signboard structure and the advertising agency. In addition, the owner and the advertising agency shall perform the following: (a.) Sign structures shall be inspected annually and after every occurrence of major typhoons or earthquakes. (b.) Signs shall be inspected annually and a corresponding Certificate of Use secured. Sign Permits shall also be renewed and secured from the Office of the Building Official on an annual basis. (c.) Tarpaulins and other advertising materials shall be automatically lowered upon announcement of a Typhoon Signal No. 2 bulletin by PAG-ASA within the area of the sign or signboard structure. SECTION 11. Procedure for Abatement/Demolition of Signs or Signboard Structures. The following steps shall be observed in the abatement or demolition of sign and signboard structures: (a.) There must be a finding or declaration by the Office of the Building Official that the sign or signboard structure is ruinous or dangerous. cEHSTC (b.) Written notice or advice shall be served upon the service provider, lot or building owner of such finding or declaration, giving him/her at least fifteen (15) days within which to cause repair, abate, demolish and remove, as the case may be, the ruinous or dangerous sign or signboard structure or any part or portion thereof. (c.) Within the fifteen (15)-day period, the service provider, lot/building owner may, if he/she so desires, appeal to the DPWH Secretary the finding or declaration of the Office of the Building Official and ask that a re-inspection or reinvestigation of the sign or signboard structure be made. (d.) If the appeal is meritorious, the DPWH Secretary may designate competent representative/s other than the personnel from Office of the Building Official to undertake the re-inspection or re-investigation of the sign or signboard structure. The representative/s so designated shall make or complete his/her/their report within a period of thirty (30) days from the date of termination of re-inspection or re-investigation. (e.) If after re-inspection, the finding is the same as the original one, the DPWH Secretary, through the Office of the Building Official, shall notify the service provider, lot/building owner, giving him not more than fifteen (15) days from receipt of notice with affirmed finding to make the necessary repair, abatement, demolition and removal of the subject sign or signboard structure or parts thereof, as the case may be. (i.) If the Office of the Building Official has determined that the sign or signboard structure must be repaired or abated, the Order to be issued shall require that all necessary permits therefor be secured and the work physically commenced within fifteen (15) days from the date of issuance of the permits and completed within such reasonable time as may be determined by the Building Official. (ii.) If the Office of the Building Official has determined that the sign or signboard structure must be demolished, the Order shall require that the service provider shall demolish the sign or signboard structure within fifteen (15) days from the date of receipt of the Order; that all required permits be secured therefor within the same fifteen (15) days from the date of the issuance of the permits, and that the demolition be completed within such reasonable time as may be determined by the Building Official. SAHITC (f.) The decision of the DPWH Secretary on the appeal shall be final. (g.) Upon failure of the service provider/owner to comply with the Order of the Office of the Building Official or of the DPWH Secretary, in case of appeal, to repair, abate, dismantle or remove the sign or signboard structure or any part thereof after fifteen (15) days from the date of receipt of the Order, the Office of the Building Official shall cause the structure to be repaired, dismantled or removed, partly or wholly, as the case may be, with all expenses therefor chargeable to the owner. (h.) The sign structure as repaired, or in case of dismantling, the materials gathered after the demolition of the sign or signboard structure, shall be held by the Office of the Building Official until full reimbursement of the cost of repair, dismantling and removal is made by the owner which, in no case, shall extend beyond thirty (30) days from the date of the completion of the repair, dismantling or removal. After such period, said materials of the sign or signboard structure thus repaired, dismantled or removed shall be sold at any public auction to satisfy the claim of the Office of the Building Official. Any amount in excess of the claim of the government realized from the sale of the sign or signboard structure and/or materials shall be delivered to the owner. SECTION 12. Inventory and Assessment of Sign or Signboard Structures. The Office of the Building Official shall coordinate with DPWH, service providers/owners in the conduct of inventory of all signs and signboard structures upon the effectivity of this Ordinance to determine if the same are to be abated or demolished. SECTION 13. Fees in the Assessment and Inventory. Fees covering the assessment and inventory of signs or signboard structures shall be pursuant to the Additional Rules and Regulation on Signs and Signboard Structures promulgated by DPWH on October 31, 2007, as follows: (a.) A one-time signboard inventory fee of Two Thousand Five Hundred Pesos (P2,500.00); (b.) An annual inspection fee of Seven Thousand Five Hundred Pesos (P7,500.00);and (c.) The corresponding prescribed Building Permit fees. SECTION 14. Other Remedies. The procedures, actions and remedies provided herein are without prejudice to further action that may be taken by the Office of the Building Official pursuant to Section 213 of the National Building Code against the service provider/owner of signs or signboard structures found or declared to be dangerous and/or ruinous under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines, and the Local Government Code of 1991. ARTICLE III Other Signs and Signboards SECTION 15. Sign Permit. No person shall display, install, attach a sign, signboard or similar material unless a permit therefor is secured from the Office of the Building Official. The following documentary requirements shall be submitted by the applicant or service provider: (a.) For display or installation of signs or signboards along national roads or highways, a clearance issued by Department of Public Works and Highways stating that the minimum yard/setback requirements are properly observed; (b.) For display or installation of signs or signboards along or across local roads, a Locational/Zoning Clearance from the City Planning and Development Office stating that the location where the sign or signboard is to be established is within the poster area prescribe by this Ordinance; SCIAaT (c.) In case the applicant is not the registered owner of the lot/building or of the sign or signboard structure, a duly notarized Contract of Lease; (d.) The design, specifications and other related contract documents; (e.) Sworn written undertaking of the applicant to voluntarily remove or detach the sign or signboard within twenty-four (24) hours after the duration of period of contract, announcement, promotion or event; and (f.) Such other data as may be required by Office of the Building Official. SECTION 16. Exemption from Securing Permit. A permit shall not be required for any sign whose surface area is not exceeding 0.20 square meters nor for temporary sign for charitable, religious or civic purposes: Provided, that this exemption shall not release the owner from responsibility for its design, maintenance and removal. SECTION 17. Advertising Sign. Advertising sign and signboard shall be established only in commercial or industrial zones as designated in the City Zoning Ordinance. SECTION 18. Business Sign. Business sign or signboard shall have a maximum width of one point two (1.2) meters and a length not exceeding the frontage of the lot. Business sign installed, displayed or erected in the same building shall preferably be of identical size and flushed against the building facade. It may be allowed to be established in immediate approaches. SECTION 19. Ground Signs. The following rules shall apply in establishing ground signs: (a.) Ground signs shall not exceed six (6) meters in height above the street crown, except, when the same are constructed in conformity with accepted engineering standards, of which the maximum height shall be equal to the horizontal distance measured from the property line abutting the road-right-of-way and all the adjoining properties to the nearest base of the sign structure. (b.) In areas near electric distribution facilities including that of any power sub-stations, the minimum horizontal distance measured from the property line abutting the road-right-of-way and all the adjoining properties to the nearest base of the sign structure shall be the height of the structure plus one (1) meter. (c.) New self-supporting outdoor signs along highways shall be located ten (10) meters away from the property lines abutting the road-right-of-way. CETIDH (d.) Ground signs shall be located within the property line and under no circumstances shall it occupy a street or sidewalk; (e.) Public or government signs erected or installed within the area of the sidewalk shall be so designated and located that they do not obstruct the easy passage of pedestrians nor distract the attention of the motorists. SECTION 20. Roof-Mounted Sign. The design and construction of roof mounted signs shall conform to the provisions of Section 2003 of the National Building Code. However, no signs shall be erected attached, installed or fastened on rooftops of building of wooden structures. Furthermore, adequate provisions shall be provided for grounding on metallic or roof signs exposed to lightning. SECTION 21. Projecting Signs. The following rules shall apply in establishing projecting signs: (a.) In areas traversed by national road with non-arcaded and arcaded road-right-of-way/streets, signs or signboards shall not extend or project more than one (1) meter over the sidewalk or arcade and measured horizontally from the wall line or building line or the outermost portion of the wall line of the allowed structure over the arcade. For buildings abutting on road-right-of-way/streets or alleys without sidewalks or provisions therefor, the signs or signboards shall not project more than one (1) meter from the outermost portion of the building/structure. (b.) A clearance of not more than three (3) meters shall be provided below the lowest part of such signs projecting over sidewalks on building without arcades and a clearance of not less than five (5) meters shall be provided below the lowest part of such signs projecting over arcaded streets. (c.) The establishment of electric neon signboards or other advertisement signs of similar nature projecting over roadway or public street shall be governed by the following rules: ACcHIa (1.) Signboards on multi-storey buildings shall be established on the same vertical line and shall not overlap each other. The top of the signboards shall not extend over the topmost part of the parapet or the bottom line of the eaves of the building. (2.) Horizontal projection of the signboards shall follow the provisions of paragraphs a and b hereof. (3.) In case of two (2) adjacent buildings, adjacent signboards shall be placed at a distance of not less than two (2) meters from the common boundary line. (4.) Signboards shall not obstruct any window or emergency exit, not closer than one (1) meter to electric and telephone posts and wire. (5.) Vertical clearance shall follow the provision of paragraph b hereof. SECTION 22. Wall Signs. The following rules shall apply in establishing wall signs: (a.) All signs painted or pasted on the exterior surface of building or structures may be considered either as business or advertising signs. (b.) Signs placed on exterior perimeter walls of the building, when made of combustible materials, must be within the property line and the building must be able to support the structure. Those made of incombustible materials may be allowed to cover the entire surface of blank walls only and shall not be allowed to cover or obstruct openings. TcHCDE (c.) Signs installed, displayed or erected in the same building shall preferably be of identical size and flushed against the building facade. (d.) Signs placed against the exterior face of the building shall not exceed three hundred (300) millimeters from the wall with its lowest portion not less than three (3) meters above the sidewalk. (e.) Sign stands or display stands shall not be placed on the sidewalk pavement. (f.) Signs shall not be attached to, painted on, installed or displayed on posts or columns of arcades. (g.) Display window or wall signs within three (3) meters above the sidewalk shall be flushed or recessed. SECTION 23. Temporary Signs. The following rules shall apply in establishing temporary signs: (a.) All temporary signs, bills, streamers, posters and the like may be installed or posted only in areas or structures allowed by pertinent provisions of the National Building Code and by this Ordinance. (b.) All temporary signs, bills, streamers, posters and the like may be installed or posted only for the duration of promotion, announcement, or event as stated in the application form. (c.) The owner or applicant of all temporary signs, bills, streamers, posters and the like shall have the sole responsibility to remove the signs so installed or posted within twenty-four (24) hours immediately after the duration of period of promotion, announcement or event. CaTSEA (d.) For streamers strung over or across any public thoroughfare, the lowest point of the bottom edge of streamer shall have a minimum vertical clearance of four point thirty (4.30) meters above the pavement. (e.) The size of the sign, bill, streamer, poster and the like shall not be more than eight (8) feet in height and eight (8) feet in width. (f.) There shall be only one (1) sign, bill, streamer, poster and the like of event, product or establishment to be established, attached or posted for every poster area. (g.) In no case shall the temporary sign, bill, streamer, poster and the like, or its cable, string or brace, be nailed on a live tree or plant. SECTION 24. Maintenance. Signs or signboards shall be maintained in a safe and presentable condition. Should a sign becomes, in the opinion of the Building Official, unsafe or eyesore, the permittee shall, upon notice immediately restore the sign to safe and satisfactory condition. Failure on the part of the permittee to maintain or restore his/her sign, the Office of the Building Official may restore or remove the sign at the expense of the permittee. SECTION 25. Identification of Sign. Signs or signboards shall bear the imprint of the permittee for identification purposes. SECTION 26. Poster Areas. There shall be established poster areas in the City of General Santos as follows: a. Lagao Junction going to Davao and Buayan b. Pendatun Avenue corner Notre Dame of Dadiangas University c. Mabuhay Road at corner Shell Station d. Bulaong Terminal at the Entrance Side c. * Crossing Makar at the Left Side d. Makar Junction Highway e. Fil-Am Highway junction of Tambler near the PNP post f. Junction between San Jose and the GSC Airport g. Fishport Area, on the outer entrance or outside area of the fishport. ETAICc ARTICLE IV Taxes and Fees on Signs or Signboards SECTION 27. Imposition of Tax. There is hereby levied a tax on the establishment of sign or signboard at the following rates: Item Amount of Tax (P) (a.) Sign or signboard for advertisement of business, per square meter or fraction thereof 1. Single face 40 2. Double face 60 (b.) Sign or signboard for profession, per square meter or fraction 60 thereof (c.) Sign or signboard for advertisement of business or profession 48 painted in any building or structure or otherwise separated or detached therefrom, per square meter or fraction thereof (d.) Advertisement for business or profession by means of slides 400 on movies, payable by owner of movie house (e.) Sign or signboard for advertisement of business or profession Rate of items a to d enumerated under items a to d above with the use of electric, multiplied by 100% electronic or neon lights (f.) Mass display of sign or signboards 1. From 100 to 250 display signs 2,000.00 2. From 251 to 500 display signs 3,000.00 3. From 501 to 750 display signs 3,664.00 4. From 751 to 1,000 display signs 4,680.00 5. 1,001 or more display signs 10,000.00 (g.) Advertisement by means of vehicles, including sea or aircraft such as airplanes, boats, balloons, kites, etc. 1. Per day or fraction thereof 60.00 2. Per week or fraction thereof 96.00 3. Per month or fraction thereof 160.00 (h.) Advertisement by means of streamers, per square meter 10.00 (i.) Advertisement through buntings, per linear meter 0.25 There is hereby an increase of 40% on the amount of tax therein enumerated, and an automatic increase of 40% on all the amount of tax every after 4 years from the start of its implementation. SECTION 28. Imposition of Fees. There is hereby levied a fee for the issuance of Mayor's Permit to defray the cost of regulation for the display or attachment of signs at the following rates: IAEcCT Item Amount of Fee (P) (a.) Sign or signboard for advertisement of business, per square meter or fraction thereof 1. Single face 10.00 2. Double face 20.00 (b.) Sign or signboard for profession, per square meter or fraction 10.00 thereof (c.) Sign or signboard for advertisement of business or profession 10.00 painted in any building or structure or otherwise separated or detached therefrom, per square meter or fraction thereof (d.) Advertisement with the use of placards, per square meter or 20.00 fraction thereof (e.) Advertisement for business or profession by means of slides 50.00 on movies, payable by owner of movie house (f.) Sign or signboard for advertisement of business or profession Rate of items a to e enumerated under items a to e above with the use of electric, multiplied by 100% electronic or neon lights (g.) Mass display of sign or signboards 1. From 100 to 250 display signs 160.00 2. From 251 to 500 display signs 320.00 3. From 501 to 750 display signs 480.00 4. From 751 to 1,000 display signs 640.00 5. 1,001 or more display signs 800.00 (h.) Advertisement by means of vehicles, including sea or aircraft such as airplanes, boats, balloons, kites, etc. 1. Per day or fraction thereof 20.00 2. Per week or fraction thereof 20.00 3. Per month or fraction thereof 100.00 (i.) Advertisement by means of streamers, per square meter 10.00 (j.) Advertisement through buntings, per linear meter 0.25 There is hereby an increase of 40% on the amount of tax therein enumerated, and an automatic increase of 40% on all the amount of tax every after 4 years from the start of its implementation. SECTION 29. Exemption. Signs, signboards or advertisement displayed at the place where the business or profession is conducted shall be exempted from tax and fee herein imposed, provided that its design, materials and standards conform to the provisions of the National Building Code and this Ordinance. SECTION 30. Time of Payment. The tax imposed in this Article shall be paid to the City Treasurer's Office before the advertisement, sign, or signboard is displayed or distributed. The time of payment shall be reckoned at the beginning of the quarter the sign or signboard is displayed. In the ensuing year, the tax shall be payable annually on or before the twentieth (20th) day of January or in quarterly equal installments within the first twenty (20) days of the month next following the end of the calendar quarter. SECTION 31. Surcharge and Interest for Late Payment. In case of failure to pay the tax imposed in this Article within the prescribed period, the tax shall be increased by twenty-five percent (25%) of the quarterly amount due, and such surcharge shall be paid at the same time and in same manner as the tax. ASDCaI In addition to the tax herein imposed, there shall be imposed an interest upon the unpaid amount at the rate of twenty-four percent (24%) per annum from the due date until the tax or surcharge is fully paid but in no case the interest shall exceed three (3) years. ARTICLE V Fees on Signs or Signboard Structures SECTION 32. Imposition of Fees. There are hereby imposed building permit fee, excavation fee for foundation, sign permit fee for erection/anchorage and installation, certificate of use, annual inspection fee for structure, and annual renewal fee for signboard on the establishment of sign or signboard structure at the rate prescribed by the New Schedule of Fees and Other Charges of the Revised Implementing Rules and Regulations of the National Building Code and by this Ordinance, as follows: Item Amount (P) (a.) Building Permit Fee Structure 1. First ten (10) meters in height 2,400.00 2. Every meter in height or fraction thereof in excess of ten 120.00 (10) meters (b.) Building Permit Fee Excavation 1. Per cubic meter of excavation for foundation of sign or 4.00 signboard structure (c.) Sign Permit Fee 1. Erection/Anchorage of display area (single face) up to 120.00 four (4) square meters of signboard area 2. Every square meter of fraction thereof in excess of four 24.00 (4) square meters 3. Installation, per square meter or fraction thereof of 36.00 display area (illuminated) (d.) Certificate of Use 50% of building permit fee excluding excavation fee 1. Certification of Use (e.) Annual inspection Fee (Structure) 100% of building permit fee excluding excavation fee (f.) Annual Renewal Fee (Signboard) 1. Per square meter of display area 38.00 ARTICLE VI Lighting SECTION 33. Lighting. Signs or Signboards shall be illuminated only by electrical means in accordance with the Philippine Electrical Code and subject to the following restrictions: (a.) Signs/Signboards which contain, include or are illuminated by any flashing, intermittent, or moving light or lights are prohibited if such signs/signboards interfere with traffic safety. Reflective surfaces or devices on sign faces, and multi-faced signs/signboards, with illumination, are permitted, provided such signs/signboards do not interfere with traffic safety. (b.) Electronic variable message signs/signboards giving public information such as, but not limited to, time, date, temperature, weather, or other information, and commercial electronic variable-message signs/signboards which function in the same manner as multi-faced signs/signboards are permitted: Provided, such signs/signboards do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs. (c.) Signs/signboards must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver's operation of a motor vehicle. EcDTIH (d.) No sign/signboard shall be so illuminated that it interferes with the effectiveness of, or obscures, an official sign, device or signal. ARTICLE VII Establishment of Signs and Signboards in the Concept of Public-Private Partnership SECTION 34. Signs and Signboards During Festivities. Signs, signboards, billboards, streamers, buntings, or tarpaulins posted, displayed or installed by person or organization other than by personnel of the City Government in connection with the charter and founding anniversaries or other festivals of the City shall be exempt from permit, fees or taxes: Provided that such person or organization is duly accredited partner of the City in running the affairs of the festival: Provided, furthermore, that this exemption shall not release such person or organization from the responsibility for its design, material, maintenance, removal, and damages. SECTION 35. Signs and Signboards on Public Building or Facility. Advertising signs, signboards, billboards, streamers, buntings, or tarpaulins posted, displayed, installed or established by person or organization other than by the City Government to beautify any public building or facility may be allowed in the concept of public-private partnership, thus, exempt from any permit, fee, or tax, subject to the following conditions: (a.) The structural and schematic design, and the dimension of the project shall be submitted to the Office of the City Mayor for approval; (b.) No cost whatsoever shall be incurred by the City Government in the production, installation, maintenance, security and removal of the sign or signboard; (c.) Promotional material must at least be made of tarpaulin or any other material of higher grade; (d.) The seal of the City, the current Magandang GenSan promotional material or other brand as the City may hereinafter adopt must be prominently displayed in the sign, billboard or signboard; (e.) Advertising partnership shall be on rotation basis to give fair chance to other interested partners; (f.) Advertising run is up to twelve (12) months only for a particular advertiser or product to give chance to other partners; EIAaDC (g.) Promotional material must be removed by the advertiser on or before the last day of the twelfth (12th) month to give way to the next advertiser; (h.) The City may install anytime any other advertising material in the facility so renovated by the advertiser which is of public concern or campaign material for public awareness; and (i.) Compliance with the provisions of this Ordinance, national laws, and such other conditions as contained in an agreement duly entered into by the City Government and the advertiser for the purpose. ARTICLE VIII Final Provisions SECTION 36. Transitory Provisions. Within the period specified hereunder, the owner or service provider of signs, signboard and its structure shall perform any or all of the following acts: (a.) Existing signs or signboards conforming to the provisions of this Ordinance shall be allowed to remain provided that the owner or service provider obtains a validating permit within thirty (30) days from receipt of notice from the Office of the Building Official. (b.) A sign or signboard structure with permit which was established before the adoption of this Ordinance but not conforming hereto shall be given a grace period of six (6) months from the effectivity of this Ordinance within which to conform with the standards herein set forth. After the expiration of the period of grace, such non-conforming structure shall be demolished in accordance with the procedures established herewith. (c.) Existing signs or signboards without permit and non-conforming with the provisions of this Ordinance shall be altered by the owner thereof. The owner shall secure the necessary permit not later than thirty (30) days from receipt of notice from the Office of the Building Official. In case of failure to secure the permit within the grace period, the sign or signboard shall be removed by the owner. Failure on the part of the owner to remove the sign or signboard, the Office of the Building Official shall cause the removal of the sign or signboard at the expense of the owner. SECTION 37. Nuisance or Prohibited Signs, Billboards, Signboard Structures and the Like. Any of the following sign, billboard, signboard structure and the like, which was established, attached, posted, constructed or erected, is prohibited or is considered a public nuisance: (a.) Those that confuses or obstructs the view or interpretation of any official traffic sign, signal or device; (b.) Those that unduly obstructs the natural view of the landscape, distract or obstruct the view of the public as to constitute a traffic hazard; aEIADT (c.) Those that debase or offends the aesthetic and cultural views and traditions of the Filipino people, or annoys or offends the senses, or otherwise shocks or disregards decency or morality; (d.) Those that obstructs or interferes with the free passage of any public highway or street or any body of water; (e.) Those that hinders or impairs the use of property; (f.) Those that injures or endangers the health or safety of the public; (g.) Those that injures or destructs a live tree or plant; (h.) Those without building or sign permit; or (i.) Those established outside of poster area. SECTION 38. Prosecution and Procedure for Prohibition and Abatement of Billboards and Signboards Constituting Public Nuisance or Other Violations of Law. The Office of the Building Official shall immediately issue notice of non-issuance, suspension, or revocation of building permit for non-compliance by any person with the provisions of the National Building Code, its rules and regulation, or this Ordinance. Should any billboard or signboard found or declared to be dangerous or ruinous, the Office of the Building Official shall Order its repair, vacation or demolition depending upon the degree of danger to life, health or safety, without prejudice to further action that may be taken pursuant to the Civil Code of the Philippines. Public nuisance may be remedied by prosecution under the Revised Penal Code or this Ordinance, or filing of civil action in Court, or abatement without judicial proceedings if the Office of the Building Official determines that this is the best remedy under the circumstances. Action for criminal or civil, or abatement without judicial proceedings, may be brought by the City Mayor, through the Office of the Building Official. SECTION 39. Penalty Clause. In the absence of provision of national law or circular to the contrary, any violation of this Ordinance shall be punished by a fine of P5,000.00 or imprisonment of ten (10) days, or both such fine and imprisonment at the discretion of the Court. If the violator is a corporation, partnership, or cooperative, the president or manager shall be liable thereof. Where the violator of this Ordinance does not contest his or her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, age and address of the person apprehended, (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the amount of fine which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person apprehended for extra-judicial settlement of his or her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the court of law. SECTION 40. Repealing Clause. The provisions of Chapter II, Article D, Section 10-15; Chapter III, Article A, Section 63, paragraph n; Chapter IV, Article I, Section 129, paragraph 16, all of Ordinance No. 01, Series of 1996, otherwise known as the General Santos City Revenue Code of 1996; all ordinances or orders, or part or parts thereof, insofar as inconsistent with the provisions of this Ordinance are hereby amended, repealed or modified accordingly. SECTION 41. Saving Clause. If, for any reason or reasons, any part or provision of this Code shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. SaHTCE SECTION 42. Effectivity. This Ordinance shall take effect on the day after ten (10) days following its publication in a newspaper of general circulation within General Santos City. Enacted by the Sangguniang Panlungsod, City of General Santos, on its 38th Regular Session held on April 07, 2011. CERTIFIED CORRECT: VIRGINIA P. DIME, MPA Asst. Secretary to the Sanggunian ATTESTED BY: VIVENCIO E. DINOPOL City Councilor and Presiding Officer Approved by Her Honor, the City Mayor on __________, 2011. DARLENE MAGNOLIA R. ANTONINO-CUSTODIO City Mayor