An Ordinance Enacting the Comprehensive Traffic Code of the Municipality of Gerona, Tarlac and Prescribing Penalties for Violations Thereof

September 21, 2020 Excerpt from the Journal of the Regular Session of the Sangguniang Bayan of Gerona, Held at the Legislative Building Session Hall, on Monday, 21 September 2020 at 9:00 A.M. GERONA MUNICIPAL ORDINANCE NO. 553-20 AN ORDINANCE ENACTING THE COMPREHENSIVE TRAFFIC CODE OF THE MUNICIPALITY OF GERONA, TARLAC AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF WHEREAS , one of the key factors to the economic growth and development of a local government unit is a balanced, adequate, and disciplined transportation system; WHEREAS , vehicular traffic in the Municipality of Gerona, Tarlac, particularly along its major thoroughfares, has greatly worsened in recent years as a result of the increasing population, the economic and business boom, and the concomitant increase in the number of motor vehicles; WHEREAS , motorists and the general riding public have expressed their frustration over severe inconveniences and discomfort because of the recurrent traffic congestions; WHEREAS , Section 16 of the Local Government Code of 1991, provides; "Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants." WHEREAS , it is imperative for the Municipal Government of Gerona, Tarlac to adopt a comprehensive and systematic traffic schemes for the promotion of the general welfare of its constituents; NOW, THEREFORE , on motion of Hon. Manny V. Gragasin, Chairman of the Committee on Rules, Privileges, Ordinances and Legal Matters and duly seconded. BE IT ORDAINED by the Sangguniang Bayan of Gerona, Tarlac, in regular session assembled that: ARTICLE I Traffic Regulation SECTION 1. The main purpose of this Ordinance is to regulate traffic on public streets, highways, and thoroughfares and improve the traffic system in general in the Municipality of Gerona, Tarlac. ARTICLE II Definitions SECTION 2. The following terms used in this Code shall, for purposes intent hereof, have the meanings respectively ascribed to them in this Article, unless it shall be apparent from the context that a different meaning is intended, thus: a) AUTHORIZED EMERGENCY VEHICLE any vehicle of the police or fire department of the Municipality of Gerona, Tarlac, or of an agency having similar functions of law enforcement and fire protection as the police and fire departments of the Municipality of Gerona, Tarlac; emergency response vehicles under official care of the Municipal Mayor; any vehicle privately owned by police officers designated and approved by the Chief of Police to be used by them in the performance of their duties; any city, provincial, and national ambulance. It shall also mean any other vehicle under private ownership, as may be designated by ordinance enacted by the Sangguniang Bayan after inspection by and approval of the Gerona, Tarlac Police Station. b) HORN a device installed in a motor vehicle and used for signaling by sound. c) PARKING the standing of a vehicle, whether occupied or not, otherwise that temporarily for the purpose of and while actually engaged in loading or unloading either freight or passengers. d) DRIVER a person who drives or is in actual physical control of a motor vehicle. e) OWNER a person who holds the legal title of a vehicle. In case a vehicle is the subject of conditional sale, agreement, or lease, he is the one granted the right to purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee. f) INTERSECTION The area embraced within the prolongation, or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways joining at any other angle may come in conflict. g) TRAFFIC Pedestrians, ridden or herded animals, vehicles, street cars and other conveyances, either singly or together, while using any street for purposes of travel. h) TERMINAL A terminal shall mean a privately-owned compound managed and operated by a PUV operator which shall be spacious enough to accommodate at least one or more PUVs/tricycle-for-hire at a single time. The terminal shall be used primarily for the purpose of loading and unloading passengers or freight, service or repair of its PUVs; transacting business; and providing comfort and security to its clients. Said terminal shall be allowed to operate only upon compliance with municipal laws, rules and regulations regarding but not limited to zoning, structural design of its building, sanitation and other laws and regulations that may be enacted in the future. It may also be a government/municipal controlled compound used for the above purposes. i) BARKER One whose occupation is to attract or call a crowd or patrons by the use of loud voluble glib speech, sometimes aided by a public address system of megaphone. j) LOADING OR UNLOADING AREA A specified place utilized purposely to collect, fill or take off, deliver or remove freight or passengers by an often specified means of conveyance with limited time of thirty (30) seconds. k) U-TURN A sudden turn around to the opposite direction. l) PARKING AREAS A place where a vehicle can be park or left behind by the driver. m) OVERNIGHT PARKING those automobiles parked or left behind by the driver or owners in the designated parking area from 12mn-6am. n) Junk Vehicle means a vehicle of any age that is damaged or defective in any one or combination of any of the following ways that either makes the vehicle immediately inoperable, or would prohibit the vehicle from being operated in a reasonably safe manner upon the public streets and highways under its own power if self-propelled, or while being towed or pushed, if not self-propelled: ARTICLE III Allowed Parking Areas SECTION 3. Parallel parking of vehicles are allowed six (6) meters from the corner along any of the following road, street, but limited to six-wheelers and below only: a. Both shoulder portions of Don Matias Taedo Street, in front of the Municipal Public Market; b. Western shoulder portion of Don Mauricio Ilagan Street, from in front of Gerona Junior College to the Gerona Catholic Church; c. Northern shoulder portion of Don Alejandro Pauco Street, in front of the barbecue stall; d. Both sides of the Municipal street at the western side of the Municipal Public Market; e. Eastern, Northern and western side of the Gerona Commercial Complex; f. Eastern shoulder portion of the Mac Arthur highway beside the Western portion of the Municipal Public Plaza; g. Northern shoulder portion of Don Manuel Solano Street, in front of the Gerona North Central Elementary School; h. Eastern shoulder portion of the Mac Arthur highway, six (meters) from the entrance of the Gerona Catholic Church to corner section of Don Domingo Perez Street. SECTION 4. Parking Area for Tricycles for Hire. a. Six (6) meters away from school gates of all schools (Public and Private); b. Six (6) meters away from street corners/intersections. ARTICLE IV Prohibited Parking Areas SECTION 5. There shall be no parking on the following: a. Within an intersection; b. On a crosswalk; c. Within 6 meters from the intersection of curb lines; d. Within 4 meters from the driveway entrance to any fire station or substation; e. Within 4 meters of a fire hydrant; f. In front of a private driveway; g. On the roadway side of any vehicle stopped or parked at the curb or edge of the highway (Double Parking); h. At any place where official signs have been permanently/visibly erected prohibiting parking as provided for in this Ordinance; i. On either side of MacArthur Highway, Provincial Road, Municipal Road, and Barangay Road; j. On any part or portion including approaches of bridges; k. All Loading and unloading areas; l. All pedestrian lanes; m. In front of all fire hydrants (7 meters); n. Both sides of Don Alejandro Pauco Street from the section of Don Mauricio Ilagan Street to the corner going to Abellar Street; o. Both Sides of Don Pacifico Lagade Street from the section of Mac Arthur Highway to the corner going to Don Domingo Cancio Street; p. Except for the Municipal Mayor, Members of the Sangguniang Bayan, Department Heads and their Assistants and employees of the municipal government, and visiting dignitaries, parking of vehicles within the Municipal Hall Compound; and q. All other places where, "Loading and Unloading" signs are permanently installed. ARTICLE V Loading and Unloading Zones Pedestrian Lanes SECTION 6. The following places shall be designated as loading and unloading zones, to wit: STREET/LOCATION LENGTH REFERENCE POINTS Manila North Road (Gerona By-Pass Road) (Right side facing North) 50 meters In front of Nick Hotel Manila North Road (Gerona By-Pass Road) (Right side facing South) 50 meters Caltex Gasoline Station Mac Arthur Highway (Right side facing North) 30 meters In front of Gerona Catholic Church Mac Arthur Highway (Right side facing South) 30 meters In front of Sun Plaza Bldg. (20 meters from the intersection) All other places where "Loading and Unloading" signs are permanently installed. SECTION 7. Loading and unloading is prohibited within 20 meters from an intersection, streets and road corners. SECTION 8. The following areas shall be designated with pedestrian lanes, to wit: 1. In front of a church; 2. In front of a school; 3. In front of a hospital; 4. In front of Gerona Commercial Complex; 5. In front of Municipal Public Plaza; 6. In front of Nick Hotel (Manila North Road); 7. In front of Total Gasoline Station (Manila North Road); 8. In front of RUSI Motorcycles; 9. In front of Charoen Pokphand Feeds-Philippines; 10. In front of Grobest Feeds Philippines; 11. In front of Liwayway Marketing 12. All other places as may be determined by the municipal mayor. ARTICLE VI One-Way Streets SECTION 9. The following are hereby declared one-way streets; 1. Don Matias Tanedo Street (going East); 2. Don Mauricio Ilagan Street (going North, from easternmost portion of the public market to the corner of the Mac Arthur Highway); 3. Don Alejandro Pauco Street (going West); 4. All other places where "One Way" signs are permanently installed. SECTION 10. All one-way streets in the municipality may be used during emergency cases and when the use of said streets as two-way so requires. ARTICLE VII PUV Routes SECTION 11. Jeepneys. 1. For Paniqui-Tarlac City/Guimba-Tarlac City Jeepneys/PUVs passes through Manila North Road (Gerona By-Pass Road). 2. For Sta. Ignacia-Tarlac City Jeepneys/PUVs passes through Don Domingo Cancio Street (Sta. Ignacia-Guimba Road) turns right to Mac Arthur Highway southward to Tarlac City. SECTION 12. Buses. 1. For Buses and Mini-buses passes through Manila North Road (Gerona By-Pass Road). SECTION 13. Tricycles. A tricycle-for-hire may operate like a taxi service that is, service is rendered upon demand without a fixed route. SECTION 14. Tricycles/Pedicabs are prohibited to traverse/travel along national roads/highways except when crossing the same is the only access to its destination; In the absence of alternative route/access route, the concerned tricycle shall remain at the outer lane of the national road. SECTION 15. Loading on top of any kind of PUV shall not be allowed. ARTICLE VIII Towing/Impoundment/Fees SECTION 16. All unattended, illegally-parked vehicles or those parked in such a manner as to obstruct the free flow of traffic on streets of the town shall be towed and impounded at the designated impounding areas of the municipality. SECTION 17. A towing and impoundment fee shall first be collected from the vehicle before it is released in accordance with the following rates: TOWING FEE For Motorcycles/Tricycles P500.00 For Cars/Light Vehicles 1,000.00 For Trucks/Heavy Vehicles 1,500.00 SECTION 18. There shall be an additional impoundment fee of One Hundred Pesos (P100.00) for every day of impoundment for all types of impounded vehicles, to be computed from the time the vehicle is deposited at the impounding area, provided that any fraction thereof shall be considered as one (1) full day. SECTION 19. Towing and impoundment fees shall be paid at the Municipal Treasurer's Office. SECTION 20. Use of Wheel Clamp and other Similar Equipment: In the absence of a high-tech towing vehicle and where towing is not feasible without incurring substantial damages on the vehicle to be towed, the use of a wheel clamp or other similar equipment is authorized: Provided, however, that release of clamped vehicles will be made only after payment of the same amount as that of towing and impoundment fee with the Municipal Treasurer's Office. SECTION 21. For a clear enforcement, towing areas shall be adequately marked by a signage and properly painted as such. The Municipal Engineer's Office is hereby directed to paint all No Parking Zones, PUV Loading and Unloading Area. ARTICLE IX Blowing of Horns SECTION 22. The blowing of horns by any vehicle shall be prohibited, except for emergency cases, in the following places: a. When passing along a church site; b. In front of a school; c. In front of municipal hall building; d. In front of the Sangguniang Bayan building; e. In front of the Public Plaza; f. In front of the Municipal Court; g. Such other places as may be identified. Blowing of horns in any of the designated loading and unloading areas is prohibited if the only purpose is to call the attention of prospective passengers. The noise is unnecessary and serves only the interest of the PUV Driver. ARTICLE X Truck Ban SECTION 23. Ten (10) wheeler trucks to tractor-trailer (articulated vehicles) and those weighing over 4,000 kilograms in weight and designed specifically for carrying cargo and freight are banned to park, load or unload within the Poblacion areas of the municipality from 6:00 a.m. to 6:00 p.m. ARTICLE XI Enforcement of and Obedience to Traffic Regulations SECTION 24. It shall be the duty of the Police Department to enforce the provisions of this traffic ordinance. SECTION 25. The Public Order and Safety Office, under the Office of the Mayor, is hereby created and established, whose personnel are hereby deputized to enforce this traffic ordinance. The Municipal Mayor may, in addition to the duties and responsibilities of the POSO personnel set forth in this ordinance, assigned such other duties and responsibilities as may be necessary in the performance of their functions. All (POSO) traffic enforcers shall be issued identification cards to be worn while on duty. SECTION 26. It shall be unlawful for any person driving a public utility vehicle/tricycle-for-hire to wear slippers or sleeveless shirt while driving. SECTION 27. All drivers of public utility vehicle/tricycle-for-hire shall possess a current and valid professional driver's license issued by the Land Transportation Office. SECTION 28. PUV/Tricycle for hire Drivers shall wear a current Identification (ID) Card to be issued by the Traffic Management Section of the Gerona PNP upon payment of Thirty Pesos (P30.00) to the Municipal Treasurer's Office. The ID card is renewable every year. A Barangay Clearance from the place of residence concerning the character and integrity of the PUV driver and/or PUV shall be required prior to the issuance of ID card. SECTION 29. A vehicle/tricycle-for-hire which is in dilapidated condition, or is in such condition as to render it hazardous to the riding public shall not be allowed to be operated. SECTION 30. Each Public Utility Vehicle shall affix a 'NO SMOKING' and "20% DISCOUNT FOR SENIOR CITIZEN, PWDs AND STUDENTS" signs, with a size of 6 inches x 1 ft. inside the vehicle. SECTION 31. A Permit decal for the current year shall be furnished free of charge to PUV operator by the Traffic Management Section-PNP after passing the required annual vehicle safety inspection conducted by an authorized representative of the Municipal Mayor and after payment of annual regulatory fee in the amount of One Hundred Fifty Pesos (P150.00). This decal shall be renewed every year. It shall be displayed on the right hand side of the vehicle's windshield. SECTION 32. A public utility vehicle equipped with a stereo set operated at excessive sound volume is prohibited. SECTION 33. Any person driving a public utility vehicle shall, for purposes of cleanliness and sanitation, provide the following number of trash cans with corresponding sizes to be placed inside the public utility vehicle: Jeepneys 1 four-liter can Mini-buses 4 four-liter cans Tricycles 1 one-liter can SECTION 34. Mandatory Use of Motorcycle Helmets. All motorcycle riders, including drivers and back riders, shall at all times wear standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway. Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI). Drivers of tricycles shall be exempted from complying with the mandatory wearing of motorcycle helmets. SECTION 35. Other Prohibited Acts. Consistent with the national law, the following acts are likewise prohibited and punishable under this Ordinance: 1. Operation of tricycles, jeepneys, buses or mini-buses as colorum vehicles-for-hire in transporting passengers and cargoes in this municipality; 2. Operation of motor vehicle outside of its assigned or designated zone of operation; 3. Trip-cutting; 4. Over-charging of passenger fare; 5. Refusal to convey passengers; 6. Crossing any part of the street other than the pedestrian lane intended thereof; 7. Smoking while driving; 8. Driving under influence of liquor. SECTION 36. The Traffic Management Section of PNP shall keep and maintain a record book of all authorized public utility vehicle in Gerona, Tarlac. This record book shall contain for each PUV such current information as: name and address of operator, vehicle body number, plate number, chassis number, registration number, BOT franchise number, and decal permit number, type and frequency of traffic violation(s) and accident(s) involving the vehicle; crime(s) and/or violation(s) of law and other pertinent information that would assist the Municipal Mayor in determining the suitability of the PUV for continued operation in the municipality. ARTICLE XII Regulated Association SECTION 37. Every transport group has a right to form its own organization, which may be registered with the Securities and Exchange Commission. Such transport group must furnish the Office of the Sangguniang Bayan a copy of the list of its officers for record purposes. ARTICLE XIII Traffic Management Council SECTION 38. There shall be created a policy-making body to be known as the Traffic Management Council. SECTION 39. The Traffic Management Council shall formulate plans and programs for the municipality's traffic system which, subject to the approval of the Sangguniang Bayan by way of an Ordinance, shall be implemented by the Traffic Enforcement Group. The Traffic Management Council shall also act as Grievance Committee with jurisdiction over any and all complaints against the traffic enforcers, not otherwise under the jurisdiction of the People's Law Enforcement Board (PLEB); SECTION 40. The Traffic Management Council shall be composed of the following: - The Municipal Mayor as Chairman - The Municipal Vice Mayor as co-chairman - The Sangguniang Bayan Chairman on Peace and Order - The Chief of Police - The Chief Public Order & Safety Officer - The Municipal Engineer - Business Sector Representative - The President of the Association of Barangay Councils - The President of Transport Groups - Jeepney - Tricycle - Bus (Inter-Provincial) - Academe Representative SECTION 41. The Municipal Engineer's Office, in coordination with the traffic enforcement group, shall be responsible in putting up and in maintaining safe and appropriate traffic signages and infrastructures in accordance with this Ordinance. ARTICLE XIV Speed Restrictions SECTION 42. No person shall drive a vehicle on a provincial and municipal street at a speed in excess of the following speed limit as established hereunder. 1. On open country roads "blind corners" not bordered by habitations 40 Km. per hr. 2. On "Through streets" or boulevards, clear of traffic, with "no blind corners," when sop designated 30 km. per hr. 3. On Municipal streets, with Light Traffic, when not designated "through streets" 30 km. per hr. 4. Through crowded streets approaching intersections at "blind corners" passing other vehicles which are stationary, or for similar dangerous circumstances 20 km. per hr. 5. On Provincial and Municipal Streets/Roads within the poblacion areas of the municipality 40 km. per hr. 6. All other Provincial and Municipal Streets/Roads 50 km. per hr. SECTION 43. No person shall use any street of the Municipality as a race track. ARTICLE XV Penal and Other Provisions SECTION 44. In case of a traffic violation, the driver's license may be confiscated by the apprehending policeman of the Gerona PNP or POSO personnel, if deputized by the LTO, and the erring driver shall be immediately issued a Traffic Citation Ticket which shall state the violation or violations committed, the amount of fine imposed for the violation/s and an advice that he can make payment to the Municipal Treasurer's Office of Gerona within three (3) days or seventy-two (72) hours from the date of issuance of the Traffic Citation Ticket. Upon payment of the voluntary fine, the driver's license shall be released immediately. However, if after three (3) days, no penalty payment was tendered, the corresponding case for violation of the municipal ordinance shall be filed in a Municipal Trial Court. When the last day within which payment is to be made on the citation ticket falls on Saturday, Sunday or holiday, payment shall be made on the next working day. SECTION 45. Voluntary Fines. Within seventy-two (72) hours from his receipt of duplicate copy of the Traffic Citation Ticket, the violator may elect, in lieu of prosecution, to voluntarily pay the fine corresponding to the violation or violations committed herein follows: VIOLATION FINE 1. llegal Parking/Parking in Prohibited Zone/Area 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 2. Loading/Unloading of Passengers or Cargoes in Prohibited Zone/Area 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 3. Over speeding and Drag Racing 1st Offense P1000.00 2nd Offense P1,500.00 3rd Offense/ Succeeding violations P2,500.00 4. Route Violation 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 5. Driving Against Traffic On a one-way street 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 6. Obstruction of Traffic 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 7. Disregarding Traffic Sign/Light 1st Offense P500.00 2nd Offense P1,000.00 3rd Offense/ Succeeding violations P1,500.00 8. Violation of Truck Ban 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 9. Blowing of Horns in Prohibited Zone/Area 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 10. Failure to obey Lawful/Legal Police Order 1st Offense P200 00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 11. Driving a PUV/tricycle in Sleeveless Shirts (Sando) 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 12. Driving a PUV with Stereo Set Operated at Excessive Sound/Volume 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 13. Driving a PUV without Trash Cans/ Receptacles 1s1 Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 14. Colorum Operation of PUVs/tricycle P2,500.00 15. Operating Outside of Zone of Operation 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 16. Trip Cutting and/or making U-turns within Prohibited zones/areas/streets 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 17. Over-charging of passenger fare 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 18. Refusal to Convey Passenger 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 19. Insolent, Discourteous or Arrogant Drivers or Conductors 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 20. Crossing the street on a part other than the pedestrian lane intended therefore. 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 21. Installation of modified Pipe/Muffler which produces excessive and unreasonable loud noise 1st Offense P1,000.00 2nd Offense P1,500.00 3rd Offense/ Succeeding violations P2,000.00 22. Absence or failure to bring the vehicle's Official Receipt of Certificate of Registration 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 23. Installation of dazzling light 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 24. Overspeeding 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 25. Traffic Obstruction 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 26. Illegal Parking 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 27. Reckless Driving 1st Offense P650.00 2nd Offense P1,000.00 3rd Offense/ Succeeding violations P1,500.00 28. Failure to signal 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 29. Operating out of line 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 30. Driving a junk vehicle 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 31. Driving without license 1st Offense P500.00 2nd Offense P1,000.00 3rd Offense/ Succeeding violations P1,500.00 32. Violation of Bus/Truck Ban 1st Offense P500.00 2nd Offense P1,000.00 3rd Offense/ Succeeding violations P1,500.00 33. Leaving the scene of accident w/o justifiable cause 1st Offense P500.00 2nd Offense P1,500.00 3rd Offense/ Succeeding violations P2,500.00 34. Driving with an expired license 1st Offense P1,000.00 2nd Offense P1,500.00 3rd Offense/ Succeeding violations P2,000.00 35. Leaving a vehicle in a no-waiting area 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 36. Driving under the influence of liquor or drug 1st Offense/ Succeeding violations P2,500.00 37. Riding a Motorcycle w/o protective helmet 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 38. Overloading 1st Offense P300.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 39. Other violation of the Ordinance 1st Offense P200.00 2nd Offense P500.00 3rd Offense/ Succeeding violations P1,000.00 SECTION 46. In the event that the traffic violator opts not to pay the voluntary fines, any violation of any portion of this Ordinance for the 1st and subsequent offenses shall be punished by a fine of not less than Two Thousand Pesos (P2,000.00) but not more than Two Thousand Five Hundred Pesos (P2,500.00) at the discretion of the Court. Any violation of the provisions of this Ordinance which requires the impounding of a public utility vehicle shall be released only when the provision or provisions of this Ordinance so violated shall have been complied with and/or a Court Order releasing the vehicle from impoundage shall have been issued: PROVIDED FURTHER, that an impoundage fee of One Hundred Pesos (P100.00) per day or fraction thereof shall be paid by the owner or operator to the Municipal Treasurer before the impounded vehicle is finally released. SECTION 47. All ordinances or any part or parts thereof which are inconsistent with any of the provisions of this Ordinance are hereby repealed or modified accordingly. SECTION 48. If, for any reason or reasons, any part or parts of the provisions of this Ordinance 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. SECTION 49. This Ordinance shall take effect after ten (10) days following its publication in a newspaper of general circulation in the Province I certify that the above quoted ordinance was unanimously approved by this Sanggunian during its regular session held on September 21, 2020. MUNICIPAL COUNCILORS (SGD.) HON. ALLAN P. ANTONIO (SGD.) HON. MANNY V. GRAGASIN (SGD.) HON. JASON BENAR GO PALOMAR (SGD.) HON. ALFREDO O. ACOB, JR. (SGD.) HON. JORGE A. MAMBA, JR. HON. RONJIE L. DAQUIGAN (SGD.) HON. PACIFICO L. AGUDO (SGD.) HON. EDUARDO M. LUMAGUI, JR. (SGD.) HON. TIRSO R. DOMINGO, JR. ABC President HON. JOSEPH BENJAMIN B. GO SKF President (SGD.) EDWIN R. YAMOYAM Secretary to the Sangguniang Bayan ATTESTED TO BE DULY ENACTED: (SGD.) HON. RONALD T. GO Municipal Vice Mayor and Presiding Officer APPROVED: _________, 2020 (SGD.) HON. ELOY C. ECLAR Municipal Mayor