Economic Enterprise Code of the Municipality of Midsayap

October 31, 2012 Excerpt from the Minutes of the 120th Regular Session of the Sangguniang Bayan of Midsayap, Cotabato Held at SB Session Hall on October 31, 2012. MIDSAYAP MUNICIPAL ORDINANCE NO. 235-12 Author: Hon. Rogelio H. Yee Co-Authors: Hon. Roland D. Jungco, Hon. Alfonso P. Montenegro Sponsors: Hon. Jesus C. Superioridad, Jr., Hon. Albert Luis L. Garduque, Hon. Jesus T. Acosta, Hon. Morata Q. Mantil, Hon. Lloyd S. Quejada, Hon. Joselito F. Papelera, and Hon. Shiela Mae A. Tayong AN ORDINANCE ADOPTING THE ECONOMIC ENTERPRISE CODE OF THE MUNICIPALITY OF MIDSAYAP Be it enacted by the Sangguniang Bayan of Midsayap in a Session Assembled, that: ARTICLE I Title, Coverage and Statement of Policy SECTION 1. Title . This ordinance shall be known and referred to as the "Economic Enterprise Code of the Municipality of Midsayap." SECTION 2. Coverage . This Economic Enterprise Code of Midsayap shall cover the economic enterprises operated and managed by the Local Government, such as: the Midsayap Public Market, the Bagsakan Center, the Midsayap Integrated Overland Terminal, the Midsayap Public Terminal, the Slaughterhouse situated at Barangay Sadaan, this municipality; the public cemetery, the Midsayap Nursery, the Municipal Gymnasium, the public toilets, the Municipal Fishport, all designated public terminals, the Municipal Sports Center (if any), and other economic enterprises that may be created by the Sangguniang Bayan through an Ordinance. SECTION 3. Policy Statement . It is the policy of the Municipality of Midsayap to be self reliant and self sustaining by creating and establishing an independent, profit oriented and stable economic enterprises that will provide a wide range of opportunities to uplift the socio-economic well-being of its constituents, improve fiscal management and enhance good governance. ARTICLE II Definition of Terms and Acronyms SECTION 4. Definition of Terms . As used in this code the following terms would mean as stated: 1. Ambulant Enterprise refers to vendors or sellers who does not permanently occupy a definite place, but who comes either daily, certain time of the day or occasionally to sell his/her goods. 2. Ante-Mortem Inspection The services in examining the animals prior to slaughter to select for food animals those which are adequately rested and are apparently free from diseases or abnormal conditions, to isolate for further examination a disease, suspected disease, or suspected abnormal animals, to prevent contamination of personnel, premises and equipment by an animal suffering from a disease which is communicable, and to gather information for post-mortem inspection, diagnosis and judgment of carcass and offal. 3. Brand Any mark or stamp approved by the controlling authority and includes also any tag or label bearing such mark or stamp. A meat branding gadget may be used for the purpose. 4. Carcass The body of any slaughtered animal after bleeding and dressing. 5. Chiller Is an equipment used to lower the temperature of the carcass so as to delay the reproduction of bacteria and to prolong its freshness. 6. Certificate of Ownership Fee In MTC, refers to the fee imposed as payment for the proof of ownership of a cattle inclusive of the service charge, also referred to as "credential fee." 7. Downer Refers to a crippled or weakened animal unable to stand or showing abnormal locomotion. 8. Cultural/Halal Products Goods of any kind which are culturally and religiously acceptable to Muslim Communities. 9. Dressing a) In relation to slaughtered animals except for pigs, sheeps and lambs, goats and kids means the removal of head, hide or skin, viscera (including or not including kidneys), genital organs, urinary bladder, udders in the case of lactating animals, animals that calved or are in advanced pregnancy. b) In relation to slaughtered pigs means the removal of hair and bristles or skin, claws, eyelids, viscera (including or not including kidneys), genital organs, urinary bladder, udders in the case of lactating animals, animals that have far rowed or are in advanced pregnancy, and the external acoustic duct unless in respect of that part an alternative effective form of cleaning is carried out. c) In relation to sheep and lambs, goats and kids means the removal of the head, except in the case of young lambs and young kids, the pelt of skin viscera (including or not including the kidneys), genital organs, urinary bladder and feel up to the carpal and tarsal joints, and udders or lactating animals, animals that have lambed or are in advanced pregnancy; and d) In relation to cattle, pigs and solipeds, includes where necessary splitting of the carcass. To split means the dividing of the carcass length wise on the medial line. 10. Economic Enterprises In this Code referred to as the Enterprises. These are the income generating facilities, activities and services operated and managed by the municipal as those enumerated in Section 2 of this code, which are not only contributing revenues/income to the Municipality but also provide services to the people. 11. Fit for Human Consumption means, in relation to meat, an article which has been passed and appropriately branded by a slaughterhouse inspector and in which no changes due to diseases, decomposition or contamination have subsequently been found. 12. Fish Inspector a personnel of the Office of the Economic Enterprises whose duty is to regularly inspect and monitor the sale of fish and other aquatic food products for sale within the MMM and those intended for resale outside the territorial jurisdiction of the Municipality of Midsayap to insure the protection of the consuming public. 13. Food Animals Include all domestic livestock killed for human consumption, such as cattle, carabao, buffalo, horse, sheep, goat, hog, deer, rabbit, and poultry (Chicken, duck, geese, turkey and pigeon). 14. Holding Pen Is a corral used for the lairage of food animals prior to slaughter. 15. Hot Meat refers to meat from food animal and poultry clandestinely slaughtered and sold to the public. 16. Inspected and Condemned Signifies that the carcasses or parts of carcasses so marked are unsound, unhealthy, unwholesome or otherwise unfit for human food that can be rendered into animal feed shall be dyed (food-grade blue color) and cooked or rendered, while those unfit for both human and animal consumption shall be denatured with strong chemical disinfectants prior to final disposition. 17. Inspected and passed Signifies that carcasses or parts of carcasses so marked have been inspected and passed in accordance with the regulations, and at the time they were inspected passed and so marked they were found to be sound, healthful, wholesome and fit for human consumption. 18. Inspection Fee In MTC, refers to the fee imposed for inspecting/grading the livestock of poultry products. 19. Meat Handling includes slaughter, preparation, inspection, cutting, chilling, transporting of meat. 20. Offal The by-products, organs, glands and tissue other than the meat of the food animal. Such offal, in relation to slaughtered animals may or may not be edible. 21. Occupant refers to the qualified and bona fide stall holder equipped with all the necessary permit and license. 22. Post Abattoir Inspection Refers to the inspection of the meat and offal as they are prepared and transported from MPS to the markets. 23. Post Mortem Inspection The services in examining the animals after slaughter to ensure the detection of lesions and abnormalities and to pass only meat and edible offal fit for food. 24. Scale House In MTC, refers to the area where livestock and poultry products are brought for weighing. 25. Stockyard Is a pen where animals are collected, taken cared of, and inspected prior to slaughter. 26. Suspect means an animal suspected of being affected with a disease or condition which may require its condemnation, in whole or in part when slaughtered, and is subject to further examination to determine its disposal. 27. Transfer of Ownership Fee In MTC, refers to the fee imposed for the transfer of ownership of a cattle from one person to another inclusive of the service charge. 28. Transfer Permit A certificate issued by the Fish Inspector indicating the declaration of the shipper/buyer of fish or aquatic product bought from MMM including the value of such product. It also indicates the fee or charges collected by the enterprise for such transaction. 29. Inspection and Weighing Fee In MTC, refers to the fees imposed for inspection and weighing the livestock or poultry products respectively. SECTION 5. Definition of Acronyms . 1. M M M Midsayap Mega Market 2. M I O T Midsayap Integrated Overland Terminal 3. M P S Midsayap Public Slaughterhouse 4. M T C Midsayap Trade Center 5. M P C Midsayap Public Cemetery ARTICLE III Management Organization: Regulatory, Administrative and Supervisory Function SECTION 6. Administrative and Supervisory Function . It shall be the duty of the local Chief Executive to exercise administrative and supervisory authority, power and control over the operation and management of the economic enterprises including but not limited to the issuances of orders or memoranda for the smooth, effective and efficient implementation of this code. He may under the circumstances delegate some of these functions which are routinary to the Economic Enterprise Manager. SECTION 7. The Office of the Economic Enterprise . It shall be the duty of the Office of the Economic Enterprise to exercise Direct Administration, Supervision, and Maintenance of all economic enterprises of the municipality as enumerated under Section 2 hereof, including all the funds earmarked for the personal services (PS), current operating expenditures and capital outlays of the said Office, are hereby transferred to the Office of the Economic Enterprise under the Office of the Economic Enterprise Manager. SECTION 8. Duties and Functions of the Economic Enterprises Manager . The EEM shall have SG-24, It shall be his responsibility to: a. Prepare specific plans and strategies for the efficient operation of the enterprises of the Municipality and upon approval of the Municipal Mayor, implement the same; b. Act as a collection deputy of the Municipal Treasurer for the collection of charges, tolls, and fees in the operation of the enterprises; c. Maintain peace and order and sanitation inside and outside the premises of the enterprises; d. Enforce existing laws and other laws enacted/promulgated for the protection and safety of the consuming and riding public; e. Recommends to the Municipal Mayor for the approval of the Sangguniang Bayan, measures designed to improve the operation and maintenance of the enterprises; f. Exercise such other duties and functions as may be prescribed by law or ordinance. SECTION 9. The Administrative and Support Services Staff . Responsible on matters pertaining to personneling, collections, disbursements, records, controlling and recording of repairs, request and maintenance support of the enterprise. Plantilla Positions with corresponding salary grades of personnel under this section are as follows: ADMINISTRATIVE STAFF SG One (1) Computer Operator 7 One (1) Cashier 1 10 One (1) Bookkeeper 1 8 Economic Enterprise Operation Division One (1) Market Specialist III 18 Five (5) Revenue Collection Clerk II 7 One (1) Park Foreman 8 One (1) Park Attendant 1 2 Local Trade Center Section (Bagsakan) One (1) Operations Officer 1 10 One (1) Watchman 1 2 One (1) Utility Worker 1 1 Market & Slaughterhouse Operation & Maint. Section One (1) Market Supervisor II 14 Two (2) Market Inspector II 8 One (1) Meat Inspector II 8 One (1) Clerk II 4 Seventeen (17) Utility Workers 1 1 Two (2) Market Guards 1 Terminal Operation & Maintenance Section One (1) Public Utilities Regulation Officer 1 11 Two (2) Traffic Aide 1 3 One (1) Utility Worker 1 1 SECTION 10. Composition . The Office of the Economic Enterprise shall be composed of the Public Market, Terminals, Cemetery, Trading Center (Bagsakan), and Slaughterhouse Sections, each of which shall be responsible on matters relative on the daily management operations and maintenance of their respective sections. The Economic Enterprise Manager may under this code be authorized to deploy employees under his office who shall be responsible in the maintenance and operation of other enterprises within the coverage of the office of the economic enterprise. SECTION 11. The Economic Enterprise Manager assisted by the Municipal Human Resource Management Officer shall prescribe the job descriptions and qualifications of the Plantilla Positions as enumerated in Section 9 hereof and in accordance in the qualification standards prescribed under Civil Service Rules. SECTION 12. PS Limitation . The Total Personal Services budget of the enterprises shall not exceed forty-five percent (45%) of its total income of the next preceding budget calendar year for the said Office. SECTION 13. Budgetary Allocations . Budgetary allocations for the personal services/salaries and other fringe benefits as well as the MOOE and Capital Outlays shall be determined through an appropriation ordinance approved by the Sangguniang Bayan which shall be included in the municipality's regular budget. ARTICLE IV General/Common Provisions SECTION 14. All stallholders/vendors and other business operators doing business and operating within the Economic Enterprises of the Municipality are required to secure the necessary permit and license before the actual business/operation pursuant to the Local Revenue Code of the Municipality of Midsayap. SECTION 15. Manner and System in the Awarding/Granting of Stalls, Rooms, Booth or Space in any Economic Enterprises of the Municipality . Awarding of Stalls, Rooms, Booths or Spaces shall be made in the manner herein provided: 1. No person shall operate stall, room, booth, space in any Economic enterprises without first securing the permits required by the Municipality. All application and pertinent documents thereto for the award of stall shall be filed with the office of the Board Secretariat. 2. The stallholder/vendor shall be assigned a stall according to the nature of the merchandise/line of business he/she intends to sell/do. 3. A stallholder/vendor shall not be allowed to occupy a stall/space other than those leased to him/her, and it shall be the duty of the Manager or his duly authorized representative to see to it that the stallholder does not occupy other stalls/spaces. 4. No person shall be allowed to be awarded more than one (1) stall in all Economic Enterprises of the Municipality. Only one (1) stall/space may be granted for the members of the same family except they are of legal ages and are living separately and independently from each other. 5. In case of a person having been granted two or more stalls prior to the enactment of this ordinance, He/She shall be allowed to retain only one of those stalls and register the same in his name, while the rest shall be disposed of in accordance with the terms and conditions prescribed under Section 15 hereof. 6. The awarding of stalls, rooms, booths or spaces shall be done through raffle by a raffle committee organized for this purpose. However, if there is only one qualified applicant, the stall, room, booth or space will be awarded to him. SECTION 16. Award/Adjudication and the Contract of Lease . Award or adjudication of newly constructed or vacant stall shall be made pursuant to the provisions of this code. That after the award of any stall, room, booth or space, a contract of lease shall be executed by the LCE representing the Municipal Government and the awardee after the latter has complied with all other requirements. The contract of lease shall be substantially in the following form but may be modified to conform to the needs of a particular economic enterprises as contained herein: CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Contract of Lease is made and entered into by and between: MUNICIPALITY OF MIDSAYAP , a public corporation existing under and by virtue of the law of the Philippines, represented in this act by its Municipal Mayor hereinafter called the LESSOR ; and MR./MRS./MS. ________________ of legal age, married/single, Filipino Citizen, and a resident of ____________________________, Midsayap, Cotabato, Philippines hereinafter called the LESSEE . WITNESSETH The LESSEE is an awardee of Stall No. ________ Section of the ________________ Midsayap Mega Market/Midsayap Trade Center/MIOT during the raffle of stalls conducted on ________________ at _____________. The Lessor hereby leases the aforesaid stall in favor of the aforementioned LESSEE , subject to the following terms and conditions: 1. That this Contract of Lease shall expire on December 31, 20__, unless sooner cancelled or revoked for cause. 2. That LESSEE shall at all times keep the stall in good sanitary condition, provide garbage receptacles and cleaning materials according to the system as provided by Municipal's Solid Waste Management Program, and shall comply strictly with the provision of this code, and all laws, Ordinances, Rules & Regulations now existing or which may hereafter be promulgated. Failure to maintain the stalls in good sanitary condition after two (2) warnings by the Economic Enterprises Management shall be a ground for rescission/revocation of the Contract of Lease. 3. The LESSEE shall pay the corresponding rent for the stall and shall secure Business Permit and License in the manner and amount prescribed by this code. 4. The LESSEE shall be allowed to take possession over his/her awarded stall only upon compliance with all prescribed requirements. 5. That the business to be conducted in the stall shall belong exclusively to the herein LESSEE . 6. That in case herein LESSEE shall engage the services of a helper/helpers, herein LESSEE shall promptly notify the Supervisor of their presence. 7. The LESSEE shall not sublease his/her privilege to the stall nor permit another to conduct business therein; 8. Relinquishing/transferring of privilege over the stall to another person is hereby recognized provided that the following procedures are strictly followed: a) Affidavit of Waiver or Relinquishment of Rights shall be executed by the legal awardee or occupant. b) The relinquisher/transferor shall pay the amount of One Thousand (P1,000.00) Pesos as Transfer Fee. This amount shall be used solely for the improvement of the operations of the Economic Enterprises, most specifically the public market. c) The transferee shall pay the amount of Twenty Thousand (P20,000.00) Pesos as occupancy fee. This amount shall be solely used for the improvement of the operations of the Economic Enterprises, most specifically the public market. 9. That the LESSEE shall not use the privilege to the stall whether directly or indirectly as his/her collateral or security for any loan agreement with any public or private entity. 10. That at any given time, should the stall/s be used for purposes other than that which is intended, or remain closed or idle for at least thirty (30) consecutive days without prior notice, the same be declared abandoned and the lease shall be automatically revoked by the Municipal Mayor. 11. That non-payment of monthly rental within the first five (5) days after it has become due and demandable shall be sufficient cause for revocation of the lease. 12. That the LESSEE shall not in any manner alter the structure and/or make any extension on the stall without prior approval of the Economic Enterprises Board. 13. That the LESSEE shall secure Electrical Permit for the installation of electric and water meter in the stall leased to him/her and shall correspondingly pay its bills. 14. That the LESSEE shall provide padlocks and other protective devices to ensure safety of goods and products inside his/her stall. 15. That the LESSEE shall provide a signboard/billboard in front of his/her stall, the size and design of which shall be prescribed by the Board. 16. That the LESSEE shall provide a Fire Extinguisher in accordance with the requirements prescribed by the BFP in each stall except for fish, meat and vegetable stalls. 17. That violation of any of the foregoing terms and conditions and other applicable laws, ordinances, rules and regulations shall be sufficient cause for the cancellation or revocation of this Contract of Lease, and the simultaneous closure and/or padlocking of the stall. IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of _________, 20___ at Midsayap, Cotabato, Philippines. BY: ___________________ ____________________ Municipal Mayor Stall Holder/Lessee SIGNED IN THE PRESENCE OF: _______________ and __________________ ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) PROVINCE OF COTABATO) S.S. MUNICIPALITY OF MIDSAYAP) BEFORE ME , a Notary Public, for and in the Municipality of Midsayap, Cotabato, Philippines, this ____ day of _____________ personally appeared Municipal Mayor ______________________ with Community Tax Certificate No. __________________ issued at Midsayap, Cotabato, on _________, and, MR./MRS./MS. ________________ with Community Tax Certificate No. ___________ issued at Midsayap, Cotabato, Philippines on _____________, both known to me to be the same persons who executed the foregoing instrument and they acknowledge that the same is of their free act and voluntary deed. This instrument consisting of three (3) pages including this page have been signed by the parties and their instrumental witnesses. WITNESS MY HAND AND SEAL at the place and on the date first above-written. ____________________ NOTARY PUBLIC Doc No. ________ Page No. _______ Book No. ______ Series of _______ SECTION 17. Duration and Revocation of Lease . The lease of any stall, room, booth or space shall not exceed one (1) year from the execution thereof and may be renewed thereafter for the same period. Unless revoked for just causes. SECTION 18. Abandoned Stall/Articles . 1. Unless requested in writing any room, booth or stall any Economic Enterprises of the Municipality which has been closed for thirty (30) consecutive days shall be considered abandoned and its business retired. And the lease to such booth/stall shall be automatically revoked. 2. Any article abandoned in a stall, booth or space in the economic enterprises in violation of any provision of this ordinance/code shall be deemed a nuisance, and it shall be the duty of the Economic Enterprises Management or his subordinate/s to take custody thereof. In case the articles are claimed within twenty four (24) hours thereafter, they shall be returned to their owners upon payment of actual expenses incurred in their safekeeping unless they have so deteriorated as to constitute a menace to public health, in which case, they shall be disposed through the order of the Municipal Mayor, who may also, at his/her discretion, cause the criminal prosecution of the guilty party, or merely warn him/her against future violation. If the articles have not deteriorated and are not claimed within five (5) days the time herein fixed, said articles shall be sold through public auction, and the proceeds thereof disposed of in accordance with law. 3. Articles or goods used in the business are considered abandoned when the same are perishable and left in a stall, room, booth or space perishable goods or articles, the same are considered abandoned when not attended by the owner for a period of thirty (30) days. SECTION 19. Adjudication and Awarding of Vacant Stalls to Applicants . Vacant stalls shall be awarded to the applicants under a lease contract in the following manner: 1. Notice of vacancy of the stalls or booths shall be posted in the Municipal Hall/Building and Economic Enterprise building a period of not less than ten (10) days prior to the date of the actual award to qualified applicants to appraise the public of the fact that such stalls or booth are vacant and available for lease. Such notice shall be posted in the bulletin board of the market or enterprises it belongs and on the vacant stall itself. 2. The Notice of Vacancy to be posted or published shall be written in the following form: NOTICE Notice is hereby given that stall, room, space, booth No. ____, Building No. ___ of the ______ Section, Municipality of Midsayap Economic Enterprises is vacant (or will be vacant) on _________. Any person duly qualified and desiring to lease this stall, room, space or booth shall file an application therefore on the prescribed form (copies may be obtained from the Office of the Economic Enterprises Manager during office hours on or before 12:00 noon of ________, _____, after which time no more applications shall be issued. The award of the lease of the vacant stall, room, booth or space shall be determined through raffle to be conducted on _________________, _____, _____ o' clock AM/PM at the Economic Enterprises Office. 3. An Application Fee of One hundred (P100.00) pesos shall be collected from each applicant to cover the necessary expenses and any excess thereof shall form part of the general fund of the Municipality. The application shall be substantially in the following form: APPLICATION TO LEASE STALLS OF THE ECONOMIC ENTERPRISES OF THE MUNICIPALITY Address ___________ Date ___________ The Midsayap Mayor Municipality of Midsayap Sir: I, _____________________ hereby apply to lease Stall No. _____ Building No. ____ of MMM/MTC/MIOT. I am ____ years old, a citizen of the _____________________ and residing at _______________________. Should the above-mentioned stall, room, booth or space be leased to me in accordance with the economic enterprises rules and regulations, I promise to hold the same under the following: 1.) That in case I will be granted or awarded with a stall I am applying for I will undertake to pay the following fees in addition to other fees prescribed under the Revenue Code: a. Goodwill money P20,000 b. Occupancy Fee P30,000 c. Advance Rental Fee 2 months d. Deposit Fee 2 mos 2.) That while I am occupying or leasing this stall, room, booth or space, I shall at all times have my picture and that of my helper (or helpers) conveniently framed and hanged up conspicuously in the stall, room, booth or space. 3) I shall keep the stall, room, booth or space at all times in good sanitary condition, and comply strictly with all pertinent economic enterprises laws, ordinances, rules and regulations, now existing or which may hereafter be promulgated. 4) I shall pay the corresponding rents for the stall, room, booth or space in the manner prescribed by existing ordinance/code. 5) I shall not sell my privilege to the stall, room, booth or space, or otherwise permit another to conduct business thereon. 6) Any violation on my part or on the part of my helpers of the foregoing conditions shall be sufficient cause for the Municipal Mayor/Board to cancel my lease contract. Very truly yours, ______________ Applicant I, ____________________ do hereby state that I am the person who signed the foregoing application, that I have read the same; and that the contents thereof are true to the best of my knowledge. ________________ Applicant SUBSCRIBED AND SWORN to before me this _____ day of _________________, ________ at Midsayap, Cotabato, Philippines. Affiant applicant exhibiting to me his/her Community Tax Certificate No. ______, issued on __________ at Midsayap, Cotabato, Philippines. ____________________ Administering Officer Doc No. _________ Page No. _________ Book No. _________ Series of __________ 7. The application shall be made under oath. It shall be submitted to the Board through the Office of the Economic Enterprises Manager/Board Secretariat by the applicant either in person or through his/her authorized representative. 8. It shall be the duty of the Economic Enterprises Administrative Officer to keep a Registry Book showing the names and addresses of all applicants for vacant space or spaces, the number and description of the stall/space applied for by them, and the date and hour of receipt of each application. It shall be also the duty of the Economic Enterprises Manager through the Administrative Officer to acknowledge receipt of the application setting forth therein the time and date of receipt thereof. 9. Applicants who are residents of Midsayap and a Filipino Citizens shall have preference in the lease of economic enterprises stalls. If on the last day set for filing applications, there is no application from said applicants, the posting of the notice of vacancy prescribed above shall be reported for another ten (10)-day period. If after the expiration of that period there is still no resident applicant, the stall affected may be leased to any non-resident applicant who filed his/her application first. If there are several applicants, the adjudication of the stalls shall be made through the drawing of lots, raffles to be conducted by an assigned committee on the date and hour specified in the notice. The result of the drawing of lots/raffles shall be reported immediately by the committee to the Office of the Sangguniang Bayan for information. 10. The successful applicant shall furnish the office with two (2) copies of his/her recent picture immediately after the award of the lease. It shall be the duty of the Economic Enterprises Manager to affix one (1) copy of the picture to the application and other copy to the record card kept for the purpose. SECTION 20. Cleanliness and Sanitation . 1. All enterprise premises and buildings/offices must at all times be kept clean and in sanitary condition to safeguard the health and safety of the buying public and clienteles as well as the stallholders, vendors and personnel thereof. 2. Stallholders/vendors shall keep and maintain their stalls in clean and sanitary condition. They shall likewise be responsible for the cleanliness of the passageway, alleys or spaces immediately in front or behind or by the side of their stalls, booth or spaces. 3. A "No Littering" sign shall be posted in conspicuous places of the enterprises to warn vendors, buyers and other person(s) that the same is punishable by law. 4. It shall be the responsibility of all stallholders to secure their garbage according to the system as provided by the Municipal Solid Waste Management scheme and must dispose the same according to the kind of material segregated and the schedule it is disposed. SECTION 21. Water and Drinking Facilities . 1. All economic enterprises shall have available ample water for cleaning. There shall be separate drinking facilities to prevent contamination. 2. All water supply lines and electrical lines, including its bills and the written consent of the Economic Enterprises Manager is secured before installation shall take place. SECTION 22. All telecommunication lines, cables and electrical lines shall conform to the National Building Code, Philippine Electrical Code and other applicable laws. SECTION 23. Ambulant Vendors . Ambulant vendors shall not be allowed within the premises of the Economic Enterprises except those authorized under Municipal Ordinance No. 198 series of 2011. SECTION 24. Prohibited Acts . 1. Soliciting alms or voluntary contributions, within the premises of the economic enterprise. 2. Gambling of any form or kind or whatsoever. 3. Drinking liquors and other intoxicating beverages within the premises of the economic enterprise. 4. Illegal parking of vehicles. 5. Other acts declared prohibited by the board. SECTION 25. Except where the operation of the enterprises is on a 24-hour basis as may be determined by the board, no stallholder/person is allowed to stay, loiter and sleep after closing time within the economic enterprises premises. SECTION 26. Public Toilets . There shall be provided public toilets in the enterprises designated for the purpose whose operation and maintenance of the same shall be governed by Ordinance No. 204, series of 2011 and shall conform among others to the following: 1. Public toilets with adequate lavatories, at least one for men and one for women in strict conformity with the sanitation code; 2. The operation and maintenance of the enterprises public toilets shall be the responsibility of the Office of the Economic Enterprise. SECTION 27. Losses and/or Damages on Account of Theft or Fortuitous Events . The Municipal Government shall not be responsible for any loss or damage that any stallholder or vendor may incur by reason of theft, fire or any fortuitous event or force majeure within the premises of the enterprises. The management, however, shall encourage the stallholders to save their commodities. SECTION 28. Fire Safety and Peace and Order . 1. Fire extinguisher and other fire fighting equipments must be placed in strategic places of the enterprises premises by the management, stallholder themselves may be required and encouraged to provide and place such extinguisher or fire equipment in their stall. 2. In case of theft, robbery or conflagration in or near the vicinity of the enterprises, it shall be the duty of the stall occupants to report such incident to the proper authorities and it shall be the responsibility of the latter to exert efforts to recover or save the items or goods of the stallholders. SECTION 29. Prohibition in the Storage of Highly Combustible or Explosive and Toxic Materials . 1. Selling of explosives such as firecrackers, pyro-technics and other highly corrosive and other combustible materials within the premises of the enterprises shall be prohibited. 2. Selling and storing of toxic materials such as agricultural insecticides, pesticides, herbicides and other similar toxic substances shall not be allowed in an area other than designated for the purpose. For purposes of this code, the office of the Economic Enterprise, shall have the responsibility to designate areas where selling of this kind shall be allowed, provided however, the designation of these areas will not pose menace to the public and will not jeopardize the interest of the other stallholders. SECTION 30. Ramps and Stairways . Ramps shall be strategically located for purposes of viability near the approach point to the enterprises structure and shall conform to the provisions of the existing accessibility law which requires buildings, institutions, establishments and public utilities to install facilities and other devices to entrance the mobility of differently-abled persons. They shall provide convenience to related functional activities. Regular stairway shall complement the economic enterprises system. SECTION 31. Enterprises Aisles . To facilitate mobility, security and safety at all times, economic enterprises aisles shall be free from any obstruction. Management personnel, enterprises security guards and policemen detailed in the vicinity shall exercise strict vigilance on this matter and enjoin strict compliance with this provision. SECTION 32. Proper Identification . All stallholders/vendors, laborers and helpers are required to wear their identification card. The identification card shall be duly signed by the Economic Enterprises Manager which shall be provided by the Municipal Government of Midsayap upon payment of an amount prescribed under this code. SECTION 33. Subleasing and Selling of Privilege Not Allowed . No awardee shall sublease the stall so awarded nor shall any privilege acquired be sold or be subject to any form of conveyance. Any person other than the stallholder found selling in the latter's stall shall be considered prima facie evidence of subleasing and shall subject the stallholder outright revocation of his/her lease award. SECTION 34. Transfer of privilege over stalls may be allowed provided the transfer must conform strictly with the procedure set forth in this code and only after payment of the transfer fee and occupancy fee has been made. SECTION 35. Duration of Lease . The duration of the lease of a stall, booth or space of the economic enterprises shall be for a period of one (1) year and is renewable every year subject to the existing requirements and procedures provided under this code. SECTION 36. Revocation of Lease . The revocation of the lease contract of the stallholders shall be effected for cause or causes as provided in the lease contract and those provided in pertinent provisions of this code. SECTION 37. Effect of Death of Lessee . Upon the death of the stallholder/lessee, the contract of lease covering said stall shall be deemed terminated. However, if the deceased leaves a surviving spouse or legal heirs who are not disqualified under the provisions of this Code and who desire to continue the business of the deceased, the lease may be transferred to the deceased's spouse or legal heirs upon application therefore; provided, that the Economic Enterprises Office shall be notified within thirty (30) days after the death of the original lessee of the desire of the spouse or legal heirs to succeed and upon payment of all necessary rents or lease due at the time of the original lessee provided that no occupancy fee shall be exacted if the transferee is a relative of the deceased within 4th degree of consanguinity. In cases where there are two or more claimant-transferees within the members of the same family, the Economic Enterprise Manager shall draw the lots and shall award the stall to the winner without prejudice to the amicable settlement that may be resorted to by the said relatives. SECTION 38. Peddling and Hawking . No person or persons shall peddle, hawk and offer for sale or expose for sale any article in the passageways or aisles of the enterprises used by the purchasers or open spaces and landscapes or islands within the enterprises premises which are not designated for display or vending. SECTION 39. Drinking Liquors or Beverages, Prohibited . No person or persons shall drink liquors or any intoxicating drink within the premises of the economic enterprises. Any violation hereof shall subject the offender to the penal provisions of this code and his/her lease award shall be subject to revocation. SECTION 40. Videoke Bars, Karaoke Bars, and Other Beer Houses, Prohibited . It shall be prohibited within the premises of the Economic Enterprise, the operation of videoke bars, karaoke bars and beer houses or any establishment engaged in similar activities. SECTION 41. Stray Animals . The enterprises management shall make sure that no dogs or other animals are left astray in the enterprises premises. SECTION 42. Illegal Construction . The construction of living quarters within the enterprises premises or buildings shall not be allowed. Likewise, no lessee shall remove or construct, after the original structure, any stall, booth or space, including electrical wiring or water connection, without prior permit from the economic enterprises management and approved by the Municipal Building Official. Any unauthorized/illegal construction shall immediately be subjected to demolition by the management. SECTION 43. Ejected Stallholders Disqualified to Participate in the Drawing of Lots . After due notice and hearing, should the stallholder be ejected from his/her stall, booth or space for cause, as provided for in this code, he/she shall be disqualified from subsequently filing another application for the lease of any stall, booth or space in the enterprises of the municipality. SECTION 44. Dummies . Any person who acts as dummy for another in connection with the enjoyment of any privilege provided in this Code shall be subject to the penalty provided in the penal provision of this code. SECTION 45. The use of videoke, video games or video karera machines in any portion within any economic enterprises is strictly prohibited. ARTICLE V The Midsayap Mega Market (MMM) SECTION 46. The Municipality of Midsayap shall operate only one (1) public market that is situated in Poblacion 1, Midsayap, Cotabato and shall be known as The Midsoyap Mega Market (MMM). SECTION 47. Market Management . 1. The market management shall be headed by a Market Supervisor who shall exercise direct and immediate supervision, administration and control over the MMM and the personnel thereof including those whose duties, concern the maintenance of the peace and order of the market premises subject to the supervision of the enterprises manager in accordance with the existing laws, local ordinance and other rules and regulations pertinent thereto. 2. Other market personnel are those enumerated under Section 10 of this Code. SECTION 48. Market Hours . 1. The public market hours shall be regularly opened at two o'clock in the morning (2:00 a.m.) and be closed at ten o'clock in the evening (10:00 p.m.) or at certain hours as may be determined by the Economic Enterprises manager, in accordance with the requirements of safety, order and sanitation. 2. The public market shall be provided with a bell or buzzer with which to announce the opening and closing of market hours including incidents during emergency situations. SECTION 49. Weighing Scales . The Municipality shall provide weighing scales for the use of the consumers to safeguard them against short weighing of commodities like rice, fish, meat, etc. It shall be located in conspicuous and strategic point in the MMM. SECTION 50. Fish Inspection . It shall be the responsibility of the office of the economic enterprises to designate a Fish Inspector who shall regularly inspect and monitor not only the sale of fish and other aquatic products within the public market but likewise those intended for resale outside the territorial jurisdiction of Midsayap. He/she shall have the power to confiscate all aquatic products not fit for human consumption and to properly dispose of the same in accordance with the procedures provided under this code and other existing laws. SECTION 51. Transfer Permit Fee . A Transfer Permit Fee shall be imposed on all fish and other aquatic products bought in the public market and are intended for resale outside the territorial jurisdiction of the Municipality of Midsayap in accordance with the following schedule: 100 Kg. and below Php10.00 101 Kg. but less than 1,000 Kg. Php15.00 1,001 Kg. and above Php35.00 SECTION 52. Establishment of Fish Terminal . There shall be established a Fish Terminal where all aquatic products shall be loaded and unloaded. No fish or any aquatic product shall be delivered directly to the respective stalls without passing through the fish terminal for the required inspection. Packing area shall be designated within the vicinity of the Fish Terminal of the MMM where inspection of fish, verification of packing procedures and collection of fees are made. For this purpose a service charge of Php5.00 per 30 kilos will be collected. SECTION 53. Penal Provision . Any person found selling fish and other aquatic food products unfit for human consumption shall be fined as follows: 1st Offense Php1,000.00 2nd Offense Php1,500.00 3rd Offense Php2,000.00 and or not more than 3 months imprisonment at the discretion of the court plus prohibition from engaging business buying and selling fish and other aquatic food products in the Municipality of Midsayap and revocation of his/her business permit and/or business clearance issued by the Municipality of Midsayap . SECTION 54. Establishment of Cultural and/or Halal Section . There shall be established a section in the Midsayap Mega Market for cultural and halal products. SECTION 55. Market Rental Rates . Notwithstanding the provision of existing Ordinance to the contrary, monthly rental of market stalls, rooms, booths and spaces are hereby fixed and computed as follows: 1. On stalls with booth constructed by the municipal government, per square meter, per day or fraction thereof: Stalls with booths situated in the best location such as those front stalls facing the market periphery or streets and corner stalls are assigned higher rates than those favorably located which are as follows: PAVILION A 224 stalls MEAT SECTION Area/Sq.m. Rate/sq.m/day 10 Front Corner Stalls 1.5 12.48 10 Front Stalls 1.5 11.96 6 Inside corner stalls 1.5 11.44 30 Ordinary Stalls 1.5 10.40 FISH SECTION 10 Front Corner Stalls 1.6 12.48 22 Front Stalls 1.6 11.96 6 Inside corner stalls 1.6 11.44 66 Ordinary Stalls 1.6 10.40 DRIED FISH & MINI GROCERY SECTIONS 4 Front Corner Stalls 7.0 7.02 9 Front Stalls 7.0 6.73 12 Inside corner stalls 7.0 6.43 7 Front Stalls 5.0 6.73 7 Inside Corner Stalls 5.0 6.43 12 Ordinary Stalls 5.0 5.85 VEGETABLE SECTION 7 Front Stalls 7.0 5.98 1 Front Stall 5.0 5.98 1 Inside Corner Stall 5.0 5.72 4 Ordinary Stalls 5.0 5.20 PAVILION B 120 stalls Rice Section 3 Front Corner Stalls 7.5 7.02 8 Front Stalls 7.5 6.73 6 Front Stalls 9.0 6.73 5 Inside Corner Stalls 7.5 6.43 2 Inside corner stalls 9.0 6.43 DRY GOODS SECTION 7 Front corner stalls 7.5 7.02 35 Front Stalls 7.5 6.73 4 Front Stalls 9.0 6.73 22 Inside Corner Stall 7.5 6.43 16 inside Corner Stalls 9.0 6.43 12 Ordinary Stalls 9.0 5.85 2. On stalls with booth constructed by the lessee, per square meter, per day, or fraction thereof: Stalls situated in the best location such as those front stalls facing the market periphery or streets and corner stalls are assigned higher rates than those favorably located which are as follows: Rate/sq.m/day Front Corner Stalls .85 Front Stalls .82 Inside Corner Stalls .78 Ordinary Stalls .72 3. Rental Fees on Commercial Bldg. facing Jaycee Avenue constructed by the Municipal Government in 1995. Rate/sq.m/day P1.95 Area/sq.m. Rate/sq.m./day Rate/stall/month 6 door commercial bldg. 24 P1.95 P1,404.00 SECTION 56. Schedule of Payments . The Office of the Economic Enterprise shall have the responsibility to formulate mechanisms and schedule the payments of all obligations. Fees, charges and all impositions fixed under this code may be increased at any time under the circumstances upon resolution of the Sangguniang Bayan. SECTION 57. Payments of Cash Tickets/"Arkabala." The payment of cash Tickets or "arkabala" shall be done daily which will be collected by authorized Revenue Collectors under the office of the economic enterprise and shall be remitted to the cashier. The Economic Enterprises Cashier shall cause the daily deposit of such collection to the official Municipal Depository Bank subject to the usual accounting and auditing rules under the office of the municipal accountant. SECTION 58. Market Entrance Fee . In lieu of the regular market fees based on their space occupied, a market entrance fee shall be imposed on all transient wholesale vendors of any commodity or merchandise being brought into the public market before sale on the basis of weight, bundle, sack, can, carload, or any convenient unit of measure. Market Entrance Fees to be collected shall be based on the following rates: 1. For rice, corn, sugar or similar commodities placed in sack, per sack Php5.00 2. For mongoes, beans and ginger placed in sack, per sack Php5.00 3. For fresh egg, per tray Php2.00 4. For fruits & vegetable placed in big baskets (Bukag) of 50 kls., per basket Php5.00 5. For dressed chicken, and other frozen products, per kilo Php1.00 6. For dried and salted fish, per box/per can Php5.00 7. For live chickens, ducks, fowls and other small animals allowed in the public market, per head Php2.00 8. For every kilo of fish, seafood and/or marine products brought into the vicinity of the public market by producers, distributors and wholesalers Php1.00 9. For meat and other meat products, per kilo Php1.00 10. For other products, per kilo Php0.50 per box Php1.00 SECTION 59. Proper Display of Merchandise . All items, commodities or merchandise shall be displayed in the stalls or in the allowed market premises so as not to hamper, obstruct or impede the passage of aisles or cause inconvenience to the market goers, and shall be arranged and displayed in the manner which shall not hamper the regular cleaning of the market premises. SECTION 60. Use of Devices and Materials to Defraud/Deceive Consumers . The use of devices and materials to defraud consumers, such as red lights, red cellophanes, and the like, which are installed/placed in the stall in a manner that will deceive the consumers in buying fish, chicken or meat so as to make it appear that the same are fresh shall not be allowed. ARTICLE VI The Midsayap Trading Center (Bagsakan) SECTION 61. There shall be established a Trading Center which shall be the dropping zone or bagsakan of all agricultural products and livestocks and other related products intended for sale within the MMM or which is intended for resale later to other markets outside Municipality of Midsayap. SECTION 62. Only licensed vegetable dealers, licensed fruit dealers or licensed wholesalers of fruits and vegetables and licensed dealers of dry goods and livestocks can transact business at the bagsakan area, provided that legitimate farmer producers can directly sell their products at the bagsakan after payment of the corresponding market fees, as provided under Section 69 of this code. SECTION 63. The Midsayap Trading Center is established only to accommodate wholesale or sale in volume, hence retail of goods, products or commodities of any kind in the bagsakan area shall be prohibited . SECTION 64. The Trading Center shall collect the following rates of fees: 1. Five Peso (Php5.00) for every 50 kilos of a sock, bukag or whatever product as Trading Center entrance fee. 2. For livestocks (carabao, cow and horses) (Php100.00/head) 3. For pigs, goats, sheep (Php20.00/head) 4. For turkeys, ducks, goose and other poultry animals (Php5.00) 5. For firewoods, nipa, bamboos and other native products (Php1.00/bundle) 6. A storage fee of (Php1.25) per sack/bukag/or box per day shall be charged from any use of the Trading Center or storage of goods while waiting to be disposed of 7. A parking fee: Twenty (Php20.00) Pesos for light vehicles (jeep, elfs, vans) and Fifty (Php50.00) for heavy vehicles (forward, 6-wheeled, 10-wheeled, etc. vehicles) SECTION 65. Market Price Index . The Market Price Index shall be used as a guide in determining high, medium and low prices of the same. This refers to the prevailing local market prices of livestock and poultry products according to their grade and kind, to be updated periodically by the MMM staff and shall be conspicuously displayed inside the MMM premises. SECTION 66. Animal Inspection & Weighing . Any livestock or animal intended for sale within the Trading Center must first subjected to inspection by the livestock inspector for grading and checking of the required papers. A certificate of ownership (credential) shall be required of any dealer of large cattle. In cases where there are no ownership credentials presented, a certificate of ownership from the Punong Barangay from the point of origin of the animal shall be presented with an attached government accountable form (AF-51) showing proof of payment of said certification fee. After inspection, animals are then weighed at the MTC weighing scale after which necessary fees are paid to the Revenue Collectors. The animals are now brought to their display areas. 1. Certificate of Ownership (for cattle only). A FEE of Php50.00 shall be collected for every cattle not yet issued with credential inclusive of the service charge. Strictly, no certificate of ownership or credential shall be issued to cattle owner or farmer if he/she has no corresponding certificate of ownership from the Punong Barangay of the point of origin. This is to avoid the selling of stolen cattle at the Trading Center. SECTION 67. Mode of Collection and Reporting . 1. Collection of Fees shall be made on a per head basis as provided under Section 64 of this code. 2. Collection shall be made by MTC collectors who must submit their daily collection to the Economic Enterprises Cashier together with their summarized reports for proper filing, checking and reference. SECTION 68. All existing live animal/poultry markets or display areas outside MTC shall be discontinued and shall be transferred to the MTC. The office of the Economic Enterprise is empower to apprehend any violator of this provision. SECTION 69. Porterage and Animal Poultry Handling . 1. All porters, animal handlers, rig drivers and other TC service providers shall be required to apply for the necessary permit and pay clearance fee of Php100.00 individually per annum exclusive of occupational permit fee, legal and the cost of identification (ID) card before they will be allowed to conduct business at the MTC premises. 2. Porters, handlers and other service providers shall at all times observe discipline and extend utmost courtesy to the clienteles of the livestock market. 3. Porters, handlers and other service providers shall be provided with individual ID card and shall be required to wear it while on duty. 4. Porters, handlers and other service providers shall wear proper uniform prescribed by the MTC Supervisor at their own expense. 5. Clienteles have the choice to avail or not to avail of the services of porters, handlers and other service providers. SECTION 70. Gambling and/or drinking of alcoholic liquors within the MTC premises is strictly prohibited. SECTION 71. Loading and unloading of animals shall be at designated ramps only. SECTION 72. Trading Center Supervisor . There shall be designated a Trading Center Supervisor under the Office of the Economic Enterprise who shall have the duty to manage, administer and supervise the operation and affairs of the Midsayap Trading Center. ARTICLE VII The Midsayap Integrated Overland Terminal (MIOT) SECTION 73. Management, Operation and Prescription of Fees, Taxes and Charges . The Management and operation of the Midsayap Integrated Overland Terminal and Midsayap Public Terminal including the prescription of fees, taxes and charges imposed thereon shall be governed by Ordinance No. 209, s-2011 and its amendments. ARTICLE VIII The Midsayap Public Slaughterhouse (MPS) SECTION 74. Establishment, Maintenance and Operation . There shall be established, maintained and operated a Midsayap Public Slaughterhouse. SECTION 75. Franchising and Licensing of Existing Slaughterhouse . Privately owned slaughterhouses that have been operating prior to the enactment of this code shall be given a period of one (1) year from effectivity thereof to secure from the sangguniang bayan franchise to operate under terms and conditions prescribed by the local government unit. Upon issuance of necessary franchise by the sangguniang bayan and upon compliance of the requirements for business license the LCE shall issue business license to operate privately owned slaughterhouse. Failure on the part of the existing slaughterhouse to secure franchise and license to operate within the period prescribed hereof the same shall be closed. SECTION 76. Limitation to Franchising and Licensing of Slaughterhouse . No franchise and license to operate shall be issued to slaughterhouse other than those privately owned and have been operating prior to the enactment of this code. Slaughterhouse once granted with the franchise and license to operate shall insure the observance of the requirements prescribed by existing laws and any violation thereof shall automatically cause the cancellation the franchise to operate and be forever barred from operating within the municipality. SECTION 77. The following are the basic policies governing the operation and management of the MPS, to wit: 1. There shall only be one public slaughterhouse in the Municipality of Midsayap which shall be established in an area allowed under the zoning ordinance. 2. The MPS shall serve the need for a fast, efficient and sanitary slaughtering facility in the Municipality of Midsayap, the neighboring municipalities/cities and some parts of the country as well. 3. The MPS shall operate daily. 4. The MPS management shall ensure that only good animals are slaughtered in the MPS, and only sound, healthy and wholesome meat and offal are withdrawn and released there from. 5. The MPS management shall see to it that appropriate fees and charges are assessed and collected for the use of the government facilities and services rendered. 6. All food animals brought to the MPS and deposited in the holding pen are presumed to be slaughtered in the immediately succeeding slaughtering schedule. 7. No animals shall be slaughtered without having been subjected to and passed an ante-mortem inspection and no carcass and offal shall be withdrawn and released inspection from MPS without having been subjected to and marked PASSED. 8. The animals are inspected on the day of slaughter and should be inspected again if they have to stay longer. 9. Downers shall be treated as suspects. 10. Inspection fee shall be on a per inspection basis. 11. In the receiving and/or entry of animals in to the holding pen and in the release there from into the processing area, the principle of "first in, first out" shall be applied and observed. 12. After the food animals are received and deposited in the holding pen, the Municipal Government assumes responsibility thereof until all carcasses and edible offal are delivered to the owners at the MMM and/or to those in other public markets in Cotabato Province. If the food animals slaughtered are for home consumption, the carcass and edible offal shall be claimed by the owners and released to them at the MPS after payment of all appropriate fees. 13. Animals found to have a disease or other infections during inspection shall be automatically denied entry into the holding pen and subjected to processes established by the rules and regulations of the National Meat Inspection Commission (NMIC) so as to protect the health of the people and to prevent contamination to other animals or spread of the diseases. 14. Infected or diseased meat shall immediately be confiscated, disinfected, and/or condemned to make certain that it will not be sold at the market and to prevent the spread of the diseases. 15. Weighing of food animals shall be made prior to and after slaughter through the duly calibrated weighing scale at the MPS in order to establish a data that may be made as basis for future policies and legislation and for other purposes. 16. All personnel at the MPS are required to take seminars on first aid and training on safety precautions, sanitation and proper meat handling. 17. No carcass shall be released from the MPS without having subjected to chilling process. 18. Buying of edible offal is not allowed in the slaughterhouse building and compound. 19. Meat left over and/or carcass or edible offal unsold during the day shall be deposited at an adequate facility and should be subject to re-inspection. 20. No meat or edible offal shall be allowed entry into the MPS, except those slaughtered at the MPS and transported through a government delivery van or through an accredited delivery van accredited by the Municipal Government and those deposited in the cold storage facility of the Municipal Government. 21. The slaughter of any food animal for sale to or consumption of the public be it in lechon or other form shall be done only in MPS. The slaughter of animals intended for home consumption except large cattle, may be elsewhere, provided, that the animals slaughtered shall not be sold or offered for sale. 22. All endangered species of animals brought into the slaughterhouse for the purpose of butchering them, shall be confiscated immediately and the animal turned over to the appropriate authority for proper disposal and protection accorded to all endangered animals. 23. Security, safety and order at the MPS shall be a basic concern. Management shall find and adopt ways and means to ensure maximum security, safety and order thereat. SECTION 78. Rules and Regulations . The following rules and regulations shall be observed at the MPS, to wit: 1. Only MPS personnel and authorized butchers are allowed in the processing area. 2. During operations, all authorized personnel in the slaughterhouse are required to wear their proper uniform and provide themselves with safety devices like head gear protector, gloves, anti slid shoes, body protector and other similar devices. 3. Hoister, elevator, dehairing machine, carcass lowerator, shackle lowerator railing and carcass dropper shall not be loaded beyond their capacity. 4. All equipment like machine, table, platform, basin, pails, lavatories, cutting devices, saw and other instruments must be cleaned thoroughly after using. 5. All electrical tools, instruments and machines shall be detached or disconnected from the main power supply outlet after all the work is accomplished. 6. Suspected stolen animals brought into the MPS shall be confiscated immediately after and turn over to the proper authority. 7. No firearm is allowed in the MPS building and compound. 8. No gambling in whatever form shall be allowed in the MPS. 9. No persons are allowed inside the MPS except when they are on educational or observation tour or otherwise authorized by the proper authority. 10. The MPS building or any portion thereof shall not be used as a sleeping or living quarter. 11. Smoking and loitering are strictly prohibited in the MPS building and compound. 12. Liquors, beers, wine and other intoxicating drinks are prohibited inside the MPS building and compound. 13. Drunk or any person or personnel and butcher under the influence of liquor are prohibited from making entry into the MPS building and compound. SECTION 79. Permit to Slaughter . Before any food animal is slaughtered for public consumption, a permit to slaughter shall be secured from the Municipal Veterinarian or his/her duly authorized representative or a duly designated and authorized meat inspector by the Municipal Mayor in the absence of the Municipal Veterinarian or his/her duly authorized representative. SECTION 80. Requirement for the Issuance of a Permit to Slaughter of Large Cattle . Before the issuance of the permit to slaughter for large cattle, the office of the MPS shall require the production of the Certificate of Ownership of the owner if said owner is the applicant, or the original Certificate of Ownership and the Certificate of Transfer showing title in the name of person applying for the permit if he/ she is not the original owner. SECTION 81. Meat Inspection . All meat from food animals butchered at the MPS shall be subjected to inspection by the Meat Inspector or any competent person duly authorized to do so, who shall decide as to the fitness of such meat for human consumption. All such meat as are inspected shall be properly stamped "PASSED" before transfer to the MMM or to any other public market outside the city. SECTION 82. Transfer of Meat from Slaughterhouse to Public Market . No meat for sale to the public shall be transferred from the MPS to MMM and other public market outside the Municipal Government of Midsayap except by means of a meat delivery van duly accredited by the National Meat Inspection Commission (NMIC) and the Municipal Government of Midsayap. SECTION 83. Fees . There shall be imposed and collected at the MPS fees for the following: 1) Stockyard Fee For the use of the yard prior to ante-mortem inspection, weighing and entry into the holding pen payment is based on per head per day basis at Php50.00/head. 2) Ante-Mortem Inspection For the services in examining the animals prior to slaughter to select for food animals which are adequately rested and are apparently free from diseases or abnormal conditions; isolate for further examination diseased, or suspected abnormal animals; prevent contamination or personnel, premises and equipment by an animal suffering from a disease which is communicable; and gather information for post-mortem inspection, diagnosis and judgment of carcass and offal. 3) Holding Pen Fees For the use of the facility in the lair rage of animals before the actual slaughter. 4) Permit to Slaughter Fee Before any animal is slaughtered for public consumption, a permit therefore shall be secured from the Municipal Veterinarian or his/her duly authorized representative or a duly authorized meat inspector by the Municipal Mayor in the absence of the Municipal Veterinarian or his/her duly authorized representative. 5) Post Mortem Inspection For the services in inspection of all animals to ensure detection of lesions and abnormalities, and to pass only meat and edible offal as are inspected shall be properly stamped and/or marked before transport to the MMM; the basis shall be the carcass weight. 6) Certificate of Ownership Fee for the issuance of credential of ownership of large animals. 7) Transfer Certificate of Ownership Fee For the issuance of credential of transfer of ownership of large animals. 8) Delivery Fee For the use of the delivery van and services in transporting the carcass and edible offal from the MPS to the MMM and other public markets outside Midsayap; the basis shall be the carcass weight. 9) Slaughter Fee For the services and use of facilities in the slaughter of food animals; the basis shall be the live weight of food animal. SECTION 84. Rates of Fees . The rates of fees shall be as follows: Fee Cattle (Php) Hog (Php) Goat/Sheep (Php) Poultry (Php) Stockyard and Fee 10.00/hd 5.00/hd 5.00/hd 1.00/hd Ante Mortem inspection 10.00/hd 5.00/hd 5.00/hd 1.00/hd Holding Pen Fee 10.00/hd 5.00/hd 5.00/hd 1.00/hd Permit to Slaughter Fee 50.00/hd 20.00/hd 20.00/hd 1.00/hd Post Mortem Inspection Fee 70.00/hd 20.00/hd 20.00/hd 1.00/hd Certificate of Ownership Fee 50.00/hd - - - Transfer Cert. of Ownership Fee 100.00/hd - - - Livestock Development Fund 2.00/hd - - - Delivery Fee .25/kl .25/kl .25/kl .25/kl Entrails Cleaning Fee 40.00/hd 20.00/hd 20.00/hd 1.00/hd Dehairing Fee of Large Cattle Hide, head, feet & tail 100.00/hd SLAUGHTER FEE (CARCASS WEIGHT PER KILO) KILO CATTLE (Php) HOG (Php) GOAT/SHEEP (Php) POULTRY (Php) 9-Below 2.23 3.20 5.25 2.00 10-20.9 2.16 3.00 5.00 - 21-30.9 2.09 2.80 4.90 - 31-40.9 2.02 2.60 4.80 - 41-50.9 1.95 2.40 4.70 - 51-60.9 1-88 2.20 - - 61-70.9 1.81 2.00 - - 71-80.9 1.74 1.80 - - 81-90.9 1.67 1.70 - - 91-100.9 1.60 1.65 - - 101-110.9 1.53 1.60 - - 111-120.9 1.46 1.55 - - 121-130.9 1.39 1.50 - - 131-140.9 1.32 1.45 - - 141-150.9 1.25 1.40 - - 151-160.9 1.18 1.35 - - 161-170.9 1.11 1.30 - - 170-above 1.04 1.25 - - SECTION 85. Delivery Fee . There shall be imposed and collected a delivery fee for carcasses and edible offal of Php0.25 per kilo from the MPS to MMM an additional of Php0.10 per kilo per kilometer if carcass is to be transported outside the Mega Market of Midsayap. ARTICLE IX The Midsayap Public Cemetery SECTION 86. There shall be established a Midsayap Public Cemetery whose operation, maintenance, supervision and administration shall be under the Office of the Economic Enterprise. SECTION 87. As used in this code the following terms shall be interpreted as follows: a. Cadaver Niche or Cemetery Tomb The concrete niches intended to accommodate cadavers inside coffins or other containers. It shall be of two classifications: for adults and for children. Cadaver Niches may be constructed along the perimeter lines of the cemetery which will serve as cemetery perimeter fence. b. Bone Niche The small concrete niche to accommodate the small boxes containing the bones and skull of a cadaver from the cadaver niche. c. Perpetual Niches for Bones Any of the constructed Bone Niche, where interested parties preserve the bones of their love ones in perpetuity after paying the necessary fee. d. Caretaker The personnel assigned at the Midsayap Public Cemetery to take charge of the management thereat which is directly under the Office of the Economic Enterprises of the Municipality of Midsayap. e. Tomb Permit The permit granted after payment of a fee for the use of the cemetery tomb. f. Burial Permit The permit issued by the Municipal Mayor's Office after a death certificate has been issued by the office of the Local Civil Registrar. g. Resident Cadaver of persons who are actually residing in the Municipality of Midsayap having a house or has rented one for at least six months before his death as verified by the Municipal Economic Enterprises. h. Non-residents Cadavers of persons who are not qualified in letter "g" of this provision. SECTION 88. Burial Permit Fees and Other Fees . The burial permit fees and other fees shall be imposed in accordance with the following: Tomb Permit (Adult) Php200.00 Tomb Permit (Child) 100.00 Cemetery Fee (includes other cemeteries) 100.00 Entrance Fee to non-resident 100.00 Burial Fee 100.00 Transfer of Cadaver 100.00 Exhumation/Removal 100.00 Non-residents shall not be permitted burial unless authorized by the Local Chief Executive and only upon payment of the necessary fees, provided further that entrance fee to non-residents shall be doubled. SECTION 89. Automatic Transfer of Bones after Ten Years from Interment . All buried cadavers shall automatically be transferred to Bone Niches after ten years upon payment of the required fees. SECTION 90. Renewal Fee . Representing Maintenance Fees. There shall hereby be imposed the amount of Php100.00 per year as maintenance fees which amount will be paid up to fifth year after which the bones will be transferred to the Perpetual Bone Niche. SECTION 91. Non payment of the renewal fee after three (3) written notices shall subject the skeletal remains or bones for transfer into a common bone depository. SECTION 92. Reimbursement of Costs of Materials and Labor . There shall be imposed the amount of One Thousand Five Hundred (P1,500.00) Pesos as reimbursement of cost of materials and labor for the construction of tomb. SECTION 93. Health and Sanitation . For purposes of health and sanitation all interment at the Midsayap Public Cemetery shall undergo disinfection process which shall be conducted by the Municipal Health Officer or his authorized representative. The Municipal Health Officer has the sole authority to approve exhumation of cadavers and/or skeletal remains and all concerned must adhere to the provisions of the Code on Sanitation of the Philippines regarding disposal of cadavers. SECTION 94. Common Bone Depository . A common bone depository shall be provided which will serve as a common depository area for unclaimed exhumed skeletal remains. Bones deposited therein shall remain perpetually therein and shall not be brought outside unless otherwise authorized by the Municipal Health office. SECTION 95. To provide better services and income, the Municipal may construct or may engage in a joint venture with other agency/entities on the development and management of a new public cemetery/memorial park subject to an authority from the Sanggunian and an enactment of a new ordinance appertaining thereto. SECTION 96. The Office of Economic Enterprise shall formulate the necessary contract or Memorandum of Agreement that shall govern the terms and conditions in the availment of a space/area in the public cemetery and in furtherance of the pertinent provisions of this Code. ARTICLE X Fiscal Management SECTION 97. All rentals, charges or fees as set within this code shall increase automatically by 5% every three (3) years. SECTION 98. The Economic Enterprises financial management which includes revenues collection, expenditures/disbursements and control shall be governed by the Existing Government Accounting and Auditing Rules and Regulations. SECTION 99. All the collections of fees, rentals and charges from the operation, management and administration of the Economic Enterprises shall constitute a separate account for the Economic Enterprises as such to be utilized for its operational expenses, improvements and other relevant administration expenses for and for its debt servicing requirements. Payment for amortization and interest shall be included as expenses in the determination of the net income from the operation of the enterprises. SECTION 100. Transfer Fee . There shall be imposed a Transfer Fee in the amount of One Thousand Pesos (Php1,000.00) Pesos to be paid by the existing original occupant if and when an early termination occurs by his/her voluntary transfer to any qualified transferee intending to make business in the Enterprises and a qualified successor will take over the said stall, booth/space. SECTION 101. Occupancy Fee . An Occupancy Fee of Twenty Thousand (Php20,000.00) Pesos shall be imposed to the qualified new occupant of any of the stall, booth/space of the Enterprises. The awardee of the stall/booth or space shall be allowed to occupy upon full payment of occupancy fee provided however failure on the part of the awardee to pay in full the same amount within fifteen (15) days from the issuance of the certificate of awards such award shall be revoked and all payments made by him/her shall be forfeited in favor of the Local Government Unit. SECTION 102. All arkabala shall be collected by the Enterprises authorized Revenue Collectors and shall form part in the enterprises income. SECTION 103. All disbursements and vouchers shall be signed by the Economic Enterprises Manager then the Municipal Budget Officer on its appropriation, the Municipal Accountant for obligation and proper recording, the Municipal Treasurer on its availability of funds, and approved by the Municipal Mayor before payment could be effected. SECTION 104. All approved disbursements in the Economic Enterprises operations shall be paid by the Municipal Treasurer or his/her duly authorized cashier/s and disbursing officer/s. SECTION 105. In no case shall Economic Enterprises collectors be allowed to disburse their collections to any approved disbursement regarding payment in relation to Economic Enterprises operation. SECTION 106. Mode of Collection . 1) Whenever possible and appropriate all mode of imposition and collection of fees, awarding of stalls, booths/spaces, and closure shall be uniform in all Economic Enterprises activities. 2) All fees and charges in the operation of the Enterprises shall be accompanied by official receipt issued by the Enterprises authorized Revenue Collectors. 3) All collections made shall be liquidated on a daily basis by the authorized Revenue Collectors and shall be immediately deposited by the cashier at government official depository bank. A copy of the collection report attached therewith among others the deposit slip and the second copy of the official receipts shall be submitted by the cashier (liquidating officer) to the Office of the Municipal Treasurer. 4) All Enterprises Revenue Collectors shall be required to get a bond at the Bureau of Treasury. 5) All requisitions for accountable forms to be used in the operation of the Enterprises shall be coursed through the Municipal Treasurer at cost with its corresponding invoice receipts. 6) In the case of the MIOT, collections from the operators for the use of the terminal shall be paid prior to every departure or use of terminal facilities as evidenced by a terminal pass. 7) All financial reports shall be furnished to the Municipal Accounting Office, Municipal Treasurer's Office and to the appropriate offices concerned for reference, checking and reconciliation purposes. ARTICLE XI Penal Provisions SECTION 107. Penalty for Prohibited Acts . Any person or persons violating, or causing, inducing or abetting the violation of any prohibitory provisions of this Code shall upon conviction of the court suffer the imprisonment of one month or a fine not exceeding One Thousand (Php1,000.00) Pesos or both at the discretion of the court and in case of recidivism, the imprisonment of not more than six (6) months or a fine ranging from Two Hundred (Php200.00) Pesos to Six Thousand (Php6,000.00) Pesos or both at the discretion of the Court. SECTION 108. Cancellation of Lease and Ejectment . Any violation of this Code shall be sufficient cause for the revocation or cancellation of a stallholder/vendor's contract of lease or the right to occupy a stall, room, booth or space in any economic enterprises, except the Municipal Public Cemetery and Slaughterhouse. Any such stallholder or vendor whose lease right or right of occupancy has been cancelled or revoked, or who has been ejected from the stall, room, booth or space he/she is leasing or occupying, cannot anymore occupy any stall, room in the economic enterprises of the Municipal in the future. SECTION 109. Unauthorized Selling of Confiscated Goods . Any law enforcement officer or Economic Enterprises Security Guard who confiscates goods from any vendor, ambulant or otherwise, and sells or offers those goods for sale by himself or through a third person/persons, shall suffer: 1) The fine of Five Hundred (Php500.00) Pesos or imprisonment of one (1) month, or both at the discretion of the Court, if the value involved does not exceed Two Hundred Pesos (Php200.00) Pesos. 2) The fine of One Thousand (Php1,000.00) Pesos or imprisonment of two (2) months, or both at the discretion of the Court, if the value involved is more than Two Hundred Pesos (Php200.00) Pesos, but does not exceed Six Thousand (Php6,000.00) Pesos. 3) The fine of One Thousand Five Hundred (Php1,500.00) Pesos or imprisonment of three (3) months, or both at the discretion of the Court, if the value involved is more than Six Thousand (Php6,000.00) Pesos, but is less than Twelve Thousand (Php12.000.00) Pesos. 4) The fine of Two Thousand (Php2,000.00) Pesos or imprisonment of four (4) months, or both at the discretion of the Court, if the value involved is more than Twelve Thousand (Php12,000.00) Pesos, but is less than Twenty Two Thousand (Php22,000.00) Pesos. In all cases, persons guilty of an unauthorized selling or offering to sell confiscated goods shall after due process administratively liable. The failure of any law enforcement officer or economic enterprises security guard who confiscated goods from any vendor, ambulant or otherwise, to render accounting of the same, shall be prima facie evidence that he/she has sold the unaccounted confiscated goods. SECTION 110. Weights and Measures . Any stallholder found violating the provisions of existing laws regarding weights and measures shall; for the first offense, be fined One Thousand (Php1,000.00) Pesos and required to correct any deficiency in said weights or measures, for the second offense, be fined Two Thousand Five Hundred (Php2,500.00) Pesos and for the third offense, shall be revocation of lease contract and ejectment from the stall, room, booth or space he/she occupied. SECTION 111. Any stallholder who fails to pay rental within the specified prescribed period shall pay a penalty of 25% surcharge per month of the whole obligation. SECTION 112. Applicability Clause . Any resolution, rules/regulations, ordinance or law consistent with this ordinance/code, shall continue to be in full force and effect. SECTION 113. Separability Clause . If for any reasons, part or provisions of this code shall be held to be unconstitutional or invalid, other parts or provision hereof which are not affected shall continue to be in full force and effect. SECTION 114. Repealing Clause . All existing ordinances relative or covering the herein Economic Enterprises of the Municipal prior to the enactment of this code and other resolutions, and rules/regulations or parts thereof, inconsistent herewith are hereby repealed or modified accordingly. SECTION 115. Effectivity Clause . This code shall take effect fifteen (15) days after its publication in one (1) newspaper of general circulation in the Province of Cotabato. CARRIED AND APPROVED. ENACTED : October 31, 2012. Certified True & Correct: (SGD.) MILA C. BAYOG, MPA Secretary to the Sanggunian ATTESTED: (SGD.) VIVENCIO JR. V. DEOMAMPO, MD Municipal Vice Mayor (Presiding Officer) APPROVED: (SGD.) MANUEL M. RABARA, DMD Municipal Mayor