Quezon City Hall Parking Ordinance

January 29, 2018 QUEZON CITY ORDINANCE NO. SP-2676-18 PO20CC-347 52nd Regular Session AN ORDINANCE IMPOSING FEES FOR THE USE OF THE QUEZON CITY HALL PARKING BUILDING Introduced by Councilors Alexis R. Herrera and Franz S. Pumaren. Co-Introduced by Councilors Anthony Peter D. Crisologo, Lena Marie P. Juico, Elizabeth A. Delarmente, Victor V. Ferrer, Jr., Oliviere T. Belmonte, Precious Hipolito Castelo, Voltaire Godofredo L. Liban III, Ramon P. Medalla, Ranulfo Z. Ludovica, Estrella C. Valmocina, Roderick M. Paulate, Allan Benedict S. Reyes, Gian Carlo G. Sotto, Eufemio C. Lagumbay, Marvin C. Rillo, Raquel S. Malagen, Irene R. Belmonte, Ivy Xenia L. Lagman, Marra C. Suntay, Hero Clarence M. Bautista, Jose A. Visaya, Karl Edgar C. Castelo, Julienne Alyson Rae V. Medalla, Godofredo T. Liban II, Andres Jose G. Yllana, Jr., Allan Butch T. Francisco, Marivic Co-Pilar, Melencio "Bobby" T. Castelo, Jr., Rogelio "Roger" P. Juan, Diorella Maria G. Sotto, Donato C. Matias, Eric Z. Medina and Ricardo B. Corpuz. WHEREAS, Section 129 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991 states that "each local government unit shall exercise its power to create its own sources of revenue and to levy taxes, fees and charges subject to the provisions herein, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units"; WHEREAS, the 1987 Constitution explicitly confers upon the local government units (LGUs) the direct authority to tax, subject to the statutory limitations and guidelines as may be provided by Congress; WHEREAS, Section 130 of the same Code provides that "Fundamental Principles The following fundamental principles shall govern the exercise of taxing and other revenue-raising powers of local government units: (1) Taxation shall be uniform in each local government unit; (2) Taxes, fees, charges and other impositions shall: (a) be equitable and based as far as practicable on the taxpayer's ability to pay; (b) be levied and collected only for public purposes; (c) not be unjust, excessive, oppressive, or confiscatory; (d) not be contrary to law, public policy, national economic policy, or in restraint of trade; (3) The collection of local taxes, fees, charges and other impositions shall in no case be let to any private person; (4) The revenue collected pursuant to the provisions of this Code shall inure solely to the benefit of, and be subject to the disposition by, the local government unit levying the tax, fee, charge or other imposition unless otherwise specifically provided herein; and, (5) Each local government unit shall, as far as practicable, evolve a progressive system of taxation." NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED: SECTION 1. Title . This Ordinance shall be known as the "Quezon City Hall Parking Ordinance." SECTION 2. Declaration of Policy . It is the policy of the Quezon City Government to protect the interests and promote the general welfare of consumers. Toward this end, Quezon City Government (QCG) shall promulgate measures that will protect taxpayers/employees who avail of parking facilities offered by business operators from unreasonable parking rates and fees. SECTION 3. Definition of Terms . For the purpose of this ordinance, the following words and phrases shall be defined and be constructed as follows, to wit: a. Flat Rate refers to a fixed rate parking fee imposed irrespective of the number of hour/s the motor vehicle was parked, it is a parking fee imposed upon entry in a parking establishment; b. Senior Citizen refers to a person who is a resident of Quezon City and is Sixty (60) years old or above. It may also apply to senior citizens who has at least six (6) months residency in Quezon City. Proof of residency shall be established through a certification to be issued by the Punong Barangay of the Senior Citizen's established residence; c. Identification Document refers to any document or proof of being senior citizen which may be used to avail benefits and privileges under the Ordinance No. SP-2472, Series of 2015 repealing certain provisions of Ordinance No. SP-2081, Series of 2011, otherwise known as "An Ordinance Exempting All Senior Citizens of Quezon City from the payment of initial rate for parking fees in establishments, malls, hospitals parking areas, or any similar places charging the same situated within the territorial jurisdiction of the city and providing penalties for violation thereof"; Senior Citizens' Identification Card issued by the Office for Senior Citizens Affairs (OSCA) of Quezon City; A Valid Philippine Passport of the elderly person or senior citizens; and Other valid identification document/card that may establish and show the Senior Citizens' status of an elderly person of at least sixty (60) years of age, which shall include the following government-issued identification documents indicating an elderly person's birth date or age, such as but not limited to: Driver's License, Voter's ID, SSS/GSIS ID, Professional Regulation Commission Card or Postal Identification Card. d. Initial Rate Parking Fee refers to the amount charged for the first three (3) hours utilizing the parking establishment; e. Overnight Parking refers to a motor vehicle parked in a parking establishment during night time and beyond the allowable period prescribed by the pay parking area/building owner and/or administrator; and, f. Parking area/building/establishment refers to an area, structure or edifice being utilized for the parking of motor vehicles. SECTION 4. Coverage of the Ordinance . This Ordinance shall cover the parking facilities for government and private motor vehicles and motorcycles, except for trucks, and other big motor vehicles. SECTION 5. Project Description . The Quezon City Hall Parking Building has a width of 46.1 meters and a length of 84.1 meters occupying a total lot area of 3,877 m 2 . It is a three (3)-storey with roof deck steel building which houses five hundred fifty (550) parking slots for cars, of which five (5) are allotted for Persons with Disability (PWD), and fifty (50) parking slots for motorcycles situated at the ground floor. The said building has an elevator with two (2) entry and exit points of opposite sides and four (4) staircase/fire exits located on each corner. SECTION 6. Provision of Parking Spaces; Regulation of Parking Fees . The Quezon City Hall Parking Building is encouraged to provide parking spaces for the taxpayers/QC employees with charge. This Parking Building is strictly implementing a "First come, First served" basis and there will be no reservations. The Parking Building which will impose parking fees for the use of its parking spaces shall be subject to the following: a. All vehicles that is owned by QC employees and other Government/Private agencies must park on either Ground or 3rd floor of the parking building. b. All Motorcycles are only allowed to park at the Ground floor of the parking building. c. All Taxpayers motor vehicles must park at the 2nd floor of the parking building. d. Php30.00 shall be collected for the first three (3) hours and Php10.00 for every succeeding hours for motor vehicles owned by taxpayers, employees of the QCG without ID and other agencies; and Php50.00 flat rate for motor vehicles owned by QC employees who have their ID with them; while Php20.00 flat rate for motorcycles. e. Vehicles entering the parking facility are subject to the rules and regulations of the management. f. Quezon City Government is not responsible for any damage to or loss of the vehicle, its accessories, or articles left therein. g. Customers shall be held liable for any damage that they may cause to the parking facility, its accessories, or to persons or any other properties inside the facility. h. Vehicles left in the parking facility for more than twenty-four (24) hours will be reported to the proper authorities for appropriate action. For Overnight parking, Php150.00 shall be collected for motor vehicles and motorcycles. i. Vehicles are required to turn-off their engine while inside the parking facility. j. No one is allowed to stay inside their vehicle while parked inside the parking facility. k. Activities other than parking without the approval of the management will not be permitted. SECTION 7. Prohibition on Invoking Waiver of Liability . The parking building shall maintain and provide security in the parking spaces. When parking fees are collected from the customers for the use of parking spaces, the parking building shall be responsible for the safety of its patrons. SECTION 8. Monitoring . The Office for Senior Citizens Affairs (OSCA), Business Permits and Licensing Office (BPLO) and the City General Services Department (GSD) shall develop an effective monitoring system and uniform implementation of this Ordinance. These agencies shall develop an effective and efficient mechanism to address all concerns and complaints from taxpayers and other parties relative to the implementation of the Ordinance. SECTION 9. Penalty . For lost tickets, the following are the requirements: - Php200.00 (penalty) - Drivers License and Vehicle OR/CR SECTION 10. Repealing Clause . All ordinances, rules and regulations which are inconsistent with any provision of this ordinance are hereby deemed repealed or modified accordingly. SECTION 11. Separability Clause . Any provision of this ordinance not otherwise declared invalid by competent authority shall remain in full force and effect. SECTION 12. Effectivity Clause . This Ordinance shall take effect fifteen (15) days upon its publication on a newspaper of local circulation. ENACTED: January 29, 2018. (SGD.) MA. JOSEFINA G. BELMONTE City Vice Mayor Presiding Officer ATTESTED: (SGD.) ATTY. JOHN THOMAS S. ALFEROS III City Secretary APPROVED: March 14, 2018 (SGD.) HERBERT M. BAUTISTA City Mayor