Market Code of the Municipality of San Andres, Province of Catanduanes

July 26, 2017 SAN ANDRES MUNICIPAL ORDINANCE NO. 09-002-2017 AN ORDINANCE ENACTING THE MARKET CODE OF THE MUNICIPALITY OF SAN ANDRES PROVINCE OF CATANDUANES Be it ordained by the Sangguniang Bayan of the Municipality of San Andres, Province of Catanduanes, that: CHAPTER I General Provisions ARTICLE A General Policy SECTION 1A.01. It is hereby a declared policy to develop the public market as an instrument of public service for the promotion of the general welfare and the protection of the health of the people, as well as a means to raise revenues for development projects and activities. ARTICLE B Short Title and Scope SECTION 1B.01. Short Title . This ordinance shall be known as the Market Code of the Municipality of San Andres, Province of Catanduanes. SECTION 1B.02. Scope and Application . This Code shall govern the administration/supervision and operation of the public market and the collection of and accounting for all fees, charges, and other impositions under this Code, including other related impositions under the Revenue Code of this Municipality. ARTICLE C Definitions of Terms SECTION 1C.01. When Used in This Code . a.) Ambulants are vendors who do not occupy a definite or permanent place or stall in the public market and who come to sell goods either daily or occasionally by sitting or moving from place to place within the market premises. b.) Bagsakan is basically an open area where wholesale goods are delivered in bulk and functions as a transaction area for producers, wholesalers, and retailers. c.) Cold Storage is a place where perishable goods are stored. d.) Dealer is one whose business is to buy and sell merchandise, goods, and chattels as a merchant, he stands immediately between the producer or manufacturer and the consumer and depends for his profit not upon the labour he bestows upon his commodities but upon the skill and foresight with which he watches the market. e.) Hawkers refer to ambulant vendors who sell their wares on a one-day basis. f.) Ice Storage is an area that may be included in the public market to supply the need for ice. g.) Large cattle refers to cow, carabao, horse and the likes. h.) Local government refers to the province, city, municipality, or barangay. i.) Local market authorities refer to the Municipal Mayor, his duly appointed Market Administrator/Supervisor, the Municipal Administrator, the Municipal Treasurer, or any other municipal officer charged with the management of the day-to-day operations of the public market and/or specific aspects of such operations. j.) Marine products refer to fresh/frozen and dried fish, seaweeds, shells like mussels, clams, shrimps, lobsters and the like. k.) Market premises refer to any open space in the market compound, the market lot consisting of bare ground not covered by the market buildings, usually occupied by transient vendors especially during market days, and the total area designated as the market place. l.) Market sectioning is the grouping together of the same or similar goods, commodities or foodstuffs offered for sale in one section or zone in the market. The following shall be the classification of market sections: 1. Fish Section Fresh/frozen fish, clams, oysters, crabs. Lobsters, shrimps, seaweeds, and other seafood and marine products. 2. Meat Section all kinds of meat except that carabao and horse meat shall have a separate and distinct compartment from that of beef and pork. 3. Dry Goods Section all kinds of textiles, ready-made dresses and apparels, toiletries, novelties, shoes, laces, kitchen wares, utensils and other household articles, handbags, bags, school and office supplies. 4. Grocery Section All kinds of cakes, like biscuits, crackers, etc., butter, cheese, confectioneries, candies, canned or bottled foods, beverages, soft drinks, flour, rice oatmeal, ham, bacon, sugar, nuts, sauce, onions, garlic, potatoes, eggs, toilet articles, sausages, corn, mongo, starch, smoked fish, dried fish, salt, soap, and other household and food products, including firewood and charcoal. 5. Vegetable and Fruits Section All kinds of vegetables and fruits, root crops, such as camote, cassava and the like. 6. Eating Place Section All kinds of cooked foods, including refreshments and cafes where food is served. 7. Live Fowls and Piglets Section Live Fowls, such as chickens, ducks and similar birds, as well as piglets. 8. Flower Shop All kinds of flowers, fresh and artificial, flowerpots and vases. 9. Cold Storage Section All kinds of goods or products kept in freezers and/or refrigerated container. 10. Feeds and Other Poultry Supplies All feeds and other supplies is prohibited inside the public market. m.) Market refers to any allocated space or booth in the public market where merchandise of any kind is sold or offered for sale, and from which a regular fee is collected on a defined periodic basis. n.) Peddler means any person who, either for himself or on commission, travels from one place to another and sells his goods or offer to sell and delivers the same. o.) Poultry Dressing Area is an area servicing the poultry stalls in the wet section of the slaughterhouse. p.) Public Market refers to place, building or structure of any kind owned or operated by the municipality designated as such by the Sangguniang Bayan which is dedicated to the service of the general public, and where basic food items and other commodities are displayed and offered for sale. Public market also includes market stalls, tiendas , buildings, roads, subways, waterways, drainage, parking spaces and other appurtenances which are integral part thereto. A market is a "public market" when it is dedicated to the service of the general public and is operated under government control and supervision as a public utility, whether it be owned by the government of any instrumentality thereof or by any private individual. ( The Aranque Market Extension Chinese Vendors vs. Honorable Manuel dela Fuente, et al ., G.R. No. L-2127.) For purposes of this Code "public market" shall refer to the public market established at San Andres, Catanduanes. q.) Rental Fee means a charge fixed by law or agency, in the form of money or otherwise, given for the enjoyment or use of a thing. r.) Slaughterhouse refers to a place designated by law where animals for human consumption are to be slaughtered, cut-up and cleaned. For purposes of this Code, "slaughterhouse" shall refer to the municipal slaughterhouse/abattoir. s.) Special markets refer to auction markets for fish, livestock, vegetable and other products, and single commodity markets located in production areas and serving as resource-based wholesale centers. t.) Stallholders refer to those who have granted the right to use a stall or more, where they can display or sell their goods, commodities or foodstuffs, and pay rentals thereon. u.) Support facilities refer to service areas directly supportive of market operations, including bagsakan , central collection station for waste, poultry dressing area, ice storage facilities, cold storage and storage rooms, toilets, parking areas, slaughterhouses, ice plants, warehouses and trading posts. v.) Trading post refers to a resource-based wholesale area, situated near production and consumption areas to facilitate the distribution of livelihood products, where no physical exchange of products takes place, only transactions such as payments, inquiry and briefings. w.) Vendors refers to a person who sells goods, commodities or foodstuffs within the market premises. x.) Warehouse is building or structure where the process of receiving, storing and delivering of goods takes place. Distribution is a function of warehousing which include the preparation and delivery of goods according to plan or special order. CHAPTER II Basic Policies and Regulations ARTICLE A Sanitation SECTION 2A.01. Cleanliness and Sanitation . The public market must at all times be kept clean and in sanitary condition to safeguard the health and safety of the buying public, as well as the stall owners, vendors and market personnel. Facilities for sanitation and maintenance such as cleaning and elimination of harbourages of vermin shall be provided. SECTION 2A.02. Sanitation Unit . Adequate personnel shall be provided to ensure the maintenance of cleanliness and sanitation within the public market and its premises. SECTION 2A.03. Responsibility of Individual Stall Owners/Vendors . Individual stall owners/vendors shall keep and maintain their stalls in clean and sanitary condition; they shall likewise be responsible for the cleanliness of the passageways, alleys or spaces immediately in front, behind or beside their stalls. Together with local market authorities and personnel market vendors and stall owners shall be responsible for the general cleanliness and sanitation of the public market and premises. SECTION 2A.04. Facilities and Sanitation . There shall be proper and adequate drainage and sewage system in the public market to ensure cleanliness and sanitation. Appropriate facilities to abate pollution shall be installed. SECTION 2A.05. Water and Drinking Facilities . The public market shall have available ample water for cleaning. There shall be separate drinking facilities to prevent contamination. SECTION 2A.06. Public Toilets . Public toilets with adequate lavatories, at least one for men and women, shall be provided and installed in strict conformity with the Sanitation Code and the same shall be kept clean and sanitary at all times. SECTION 2A.07. "No Littering" Signs . "no Littering" sign shall be posted in conspicuous places to warn vendors and buyers that the same is punishable by laws. SECTION 2A.08. Number and Type of Garbage Receptacles . The public market shall be provided with large garbage receptacles of fly-and-rat-proof type for the collection of all the garbage and rubbish in the market and its premises. In addition, an adequate number of garbage cans shall be placed at strategic places for the garbage and rubbish of the buyers, ambulant vendors and public market personnel. Likewise all stall owners and vendors shall be required to have individual garbage cans with corresponding markings (biodegradable, non-biodegradable.) SECTION 2A.09. Purpose of Cover . All garbage cans must be properly covered to keep them from becoming the breeding places of flies, mice, rats, mosquitoes, and other insects. SECTION 2A.10. "Use of Garbage Cans" Signs . "Keep Premises Clean" and "Use Garbage Cans" signs shall be placed at the entrance, in passageways and in places where garbage are collected. SECTION 2A.11. Disposal of Garbage . It shall be the responsibility of the individual stall owners and vendors to dispose of their garbage at the end of each day by placing them in the receptacle referred to in Section A2.08 hereof. However, the disposal of the garbage of the buying public, ambulant vendors and market personnel shall be the responsibility of the market personnel. The waste dumping area of disposed garbage shall be located at convenient places accessible to garbage collectors/trucks. Solid waste accumulated at each stall shall be transferred to the central dumping area to facilitate efficient solid waste management. SECTION 2A.12. Time for Collection and Disposal of Garbage . All the garbage and rubbish of the public market must be collected and disposed at appropriate schedules to be determined by the local market authorities. SECTION 2A.13. Meat and Meat Products . All meat and meat products shall be inspected pursuant to existing laws and local ordinances. SECTION 2A.14. Sale of Marine Products . Only Fresh, live and wholesome fish and marine products or dried, salted, smoked, or fermented fish, and marine products, which are safe for consumption, shall be sold. Fish and other marine products caught in radio-active zones as well as in areas contaminated by toxic substances or high in mercury count as determined by the Department of Health (DOH) through the Bureau of Food and Drug (BFAD) in coordination with the Bureau of Fisheries and Aquatic Resources (BFAR), shall be condemned and shall not be allowed for sale. SECTION 2A.15. Protection and Prevention of Food . All kinds of food which require no further cooking shall be wrapped, covered or enclosed in containers to preserve their freshness and prevent contamination. SECTION 2A.16. Applicability of the Code on Sanitation and Code on Solid Waste Management . (1) All provisions of the Code on Sanitation and Code on Solid Waste Management shall, whenever possible, be observed by and enforced in the public market and establishments therein and their respective personnel. ARTICLE B Security and Safety SECTION 2B.01. The public market shall be opened at four (4) o'clock in the morning and closed at ten (10) o'clock in the evening, in accordance with the requirements of safety, order, and sanitation. However, early opening of the public market will be allowed in special occasions such as Town Fiesta, Christmas Day, New Years Day, and Easter Sunday. SECTION 2B.02. Security Unit . (1) The public market shall be provided with adequate security within the vicinity of the market area for the protection of consumers and traders. (2) The Public market shall be provided with CCTV Cameras to be installed for the protection of consumers and traders. SECTION 2B.03. Damages to Stallholders . The municipality shall not be responsible for any loss or damage, which stallholders or vendors may incur in the public market by reason of fire or force majeure . SECTION 2B.04. Stall owners are prohibited from cooking inside the stall. ARTICLE C Service Areas/Facilities SECTION 2C.01. Service Areas . Storage facilities and other support and auxiliary market facilities, such as those intended for ice and cold storage, shall be appropriately situated to facilitate efficient storage and distribution of ice and perishable goods delivered to the market. SECTION 2C.02. Parking Spaces . Ample parking space shall be provided within the vicinity of the public market. The Municipal Government may charge reasonable fees for the use of such parking spaces at rates to be fixed by Ordinance enacted by the Sanggunian. SECTION 2C.03. Ramps and Stairways . Ramps shall be placed in strategic, visible locations near the approach points to the market structure and shall conform to the provisions, of the existing accessibility law which requires building, institutions, establishments and public utilities to install facilities and devices to enhance the mobility of disabled persons. Regular stairways shall complement the ramps installed in the market. SECTION 2C.04. Market Aisles . To facilitate mobility, security and safety at all times, market aisles shall be free from any obstruction. Market officials and personnel and policemen detailed in the vicinity of the public market shall exercise strict vigilance on this matter and enjoin strict compliance with this provision. SECTION 2C.05. Weighing Scale . The public market shall be provided with 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 at strategic points in the public market. ARTICLE D Award and Occupancy of Stalls SECTION 2D.01. Award, How Made . Award of adjudication of newly constructed or vacant stall shall be made pursuant to the provision of this Code. SECTION 2D.02. Market Committee . There is hereby created a Market Committee, whose duty shall be to conduct the drawing of lots and opening of bids in connection with the adjudication of vacant or newly constructed stalls or booths in the public market as prescribed herein, and to certify to the Municipal Mayor the results thereof. The Committee shall be composed of the Municipal Mayor or his duly authorized representative as Chairman, and the following as members: a.) The Municipal Treasurer; b.) The Sangguniang Bayan Chairman Committee on Market and Slaughterhouse Operations; c.) The President of the market vendors chosen by them from among their members; d.) Sangguniang Bayan Chairman Committee on Ways and Means. In case where the deliberations of the Market Committee result in a tie vote, the Chairman shall break the tie. SECTION 2D.03. To Whom Award May Be Made . (1) No person shall operate a market stall without first securing the permits required by this Municipality. Applications for the award of a stall or stalls shall be filed in the Office of the Municipal Treasurer. (2) No person shall sell, offer for sale or expose any article or articles in the public market or use or occupy any stall without first having been assigned to such stall in the manner prescribed herein. Residents of the municipality shall be given preference in the occupancy or lease or stalls over non-resident applicants at the time of the awarding of stalls. (3) Vendors shall be assigned a stall according to the nature of merchandise for sale. (4) Stallholders shall not be allowed to occupy stall or spaces other than those leased to them, it shall be the duty of the Market Administrator/Supervisor or his duly authorized representative to see to it that the stallholders do not wrongfully occupy other stall/s or spaces. SECTION 2D.04. "Goodwill Fee." Awardees of market stalls shall pay a one-time "goodwill fee" equivalent to Php5,000.00 for every 6.25 square meters or fraction thereof of market space occupied by a stall, as well as a deposit of three (3) months advance rental. The one-time goodwill fee shall be payable only by every new applicant and shall not be required in the renewal of lease contracts. The three months advance rental shall be applied to unpaid rentals and the balance, if any, shall be refunded to the stallholder upon the end of the lease period if the lease is not renewed or upon revocation of the lease. SECTION 2D.05. Subleasing or Selling Privilege Not Allowed . No awardee shall sublet or sublease the stall so awarded nor shall any privilege acquired be sold. If any person other than the stallholder is found selling in the latter's stall, this shall be considered prima facie evidence of subleasing and the stallholders shall be subjected to outright revocation of his lease award. SECTION 2D.06. Limit on Number of Stalls Awarded . No person shall be allowed to lease more than two stalls: Provided, That when two stalls are leased to one person, such stalls shall adjoin one another and shall be located in the same section of the public market: Provided, finally, that it shall be a violation of this section for more than one member of a family consisting of the father, mother, sons and daughters to hold stalls in the public market unless these sons and daughters are already living by themselves and independently of their parents. SECTION 2D.07. Duration of Lease . The duration of lease of a market stall in the public market shall not exceed three (3) years, renewable upon expiration by mutual agreement of the parties, provided that the lessee is in good standing. SECTION 2D.08. Revocation of Lease . The lease contract of stallholders may be revoked for failure to comply with the provisions of this Code and/or the contract of lease, or failure to pay rentals for three (3) months. SECTION 2D.09. Adjudication of Vacant Stalls to Applicants . Vacant stalls shall be leased to applicants in the following manner: a) A notice of vacancy of the stalls or booths shall be posted for a period of not less than ten (10) days prior to the date of actual award to qualified applicants to apprise the public of the fact that such stalls or booths are vacant and available for lease. Such notice shall be posted in the bulletin board of the public market. This notice of vacancy shall be in the following form: NOTICE Notice is hereby given that Stall/Booth No. ________. Building or Pavilion No. ________ of the public market is vacant (or will be vacated on _______, 20____). Any person, 21 years of age or more and is not legally incapacitated, desiring to lease this stall/booth, shall file an application therefor on the prescribed form (copies may be obtained from the office of the Municipal Treasurer during Office hours and before 12 o'clock noon of _______, 20____). In case there are more than one applicant, the award of the lease of the vacant stall/booth shall be determined thru drawing of lots to be conducted on _______, 20____, at 12 o'clock noon at the office of the Municipal Treasurer by the Market Committee. This stall/booth is found in the _____________________________. Section and is intended for the sale of _______________________. b.) The applicant shall be under oath. It shall be submitted to the Office of the Municipal Treasurer by the applicant either in person or through his or her authorized representative. c.) It shall be the duty of the Municipal Treasurer to kept a registry book showing the names and addresses of all applicants for vacant stalls or booths, the number and description of the stall/booth applied for by them, and the date and hour of receipt of each application. It shall be the duty of the Municipal Treasurer to acknowledge receipt of the application setting forth therein the time and the date of receipt thereof. e.) n An application fee in the amount of fifty pesos (Php50.00) 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 substantial in the following form: Application to Lease Market Stall __________________ Address ______________ Date The Municipal Treasurer Municipality of __________________ Province of ____________________ Sir: I hereby apply under the following contract for The lease of stall No. ________ of the Market. I am _________ years of age, ____________ a citizen of the ______________________, and residing at __________________. Should the above-mentioned stall be leased to me in accordance with the market rules and regulations, I promise to hold the same under the following conditions: (1) That while I am occupying or leasing this stall (or These stalls), I shall at all times have my picture and that of my helper (or those of my helpers) conveniently framed and hang conspicuously in the stall. (2) I shall keep the stall (or stalls) at all times in good sanitary condition and comply strictly with all sanitary and market rules and regulations now existing or which may hereafter be promulgated. (3) I shall pay the corresponding rents for the booth (or booths) or the fee for the stall (or stalls) in the manner prescribed by existing ordinances. (4) The business to be conducted in the stall (or stalls) shall belong exclusively to me. (5) In case I engage services of helpers, I shall nevertheless personally conduct my business and be present at the stall (or stall or booths). I shall promptly notify the market authorities of my absence giving my reason or reasons thereof. (6) I shall not sell or transfer my privilege to the stall (or stalls or booths) or otherwise permit another person to conduct business therein. (7) Any violation on my part or on the part of the helpers of the foregoing conditions shall be sufficient cause for the market authorities to cancel this contract of lease. Very respectfully, ___________________ Applicant I, ______________, do hereby state that I Am the person who signed the foregoing application and that the contents thereof are true to the best of my knowledge. _________________ Applicant TIN ________________ SUBSCRIBED AND SWORN to before on me in the municipality of _______________ Philippines, this __________ day of __________, 200__. Applicant-affiant exhibiting to me his/her Community Tax Certificate No. A-________ issued on ___________, 200_____ at _______________, ___________, Philippines. ______________ (Official Title) e.) Applicants who are Filipino citizens shall have preference in the lease of market stalls. In case there is only one Filipino applicant, the stall or booth applied for shall be adjudicated to him. If there are several Filipino applicants for the same stall, adjudicated of the stall shall be made through drawing of lots to be conducted by the Market Committee on the date and hour specified in the Notice. The result of the drawing of lots shall be reported immediately by the Committee to the Municipal Mayor for appropriate action. f.) If on the last day set for filing applications, there is no Filipino applicant, the posting of the Notice of Vacancy prescribed above shall be repeated for another ten-day period. If after the expiration of that period there is still no Filipino applicant, the affected stall may be leased to any alien applicants, the adjudication of the stall shall be made through drawing of lots to be conducted by the Market Committee. g.) The successful applicant shall furnish the Municipal Treasurer two (2) copies of his 1x1 ID pictures immediately after the award of the lease. It shall be the duty of the Treasurer to affix one (1) copy of the picture to the application and the other copy to the record card kept for that purpose. SECTION 2D.10. Effect of Death of Lessee . Upon the death of the holder of a stall 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 spouse of the deceased or legal heirs upon application therefor. Provided, that the Municipal Treasurer shall be notified within (30) days after the death of the original Lessee to the desire of the spouse or legal heirs to succeed and upon payment of all necessary rents or lease due at the time of death of the original lessee. SECTION 2D.11. Application of Provisions to Lease of Spaces in the Market Premises . The provisions of this Article insofar as they are applicable shall govern the lease of spaces within the market premises. Provided, that any structure that will be built therein shall comply with design specifications prescribed by the Municipal Engineer and; Provided Further, That the requisite Building Permit shall be secured.) CHAPTER III Restrictions and Rules of Conduct ARTICLE A Restrictions SECTION 3A.01. Posting of Names and Pictures . The names and pictures authorized by stallholders to help them in their daily business shall be registered with Office of the Market Administrator/Supervisor. SECTION 3A.02. Peddling and Hawking . 1) No person shall peddle, hawk, offer for sale or expose for sale any articles in the passageways or aisles used by customers in the public market. Appropriate areas within the market premises shall be designated, which peddlers and hawkers can occupy. 2) Peddlers shall not be permitted to expose or sell merchandise on Sidewalks, courts (patios) or places designate or intended for the passage of the public going to the public market. Market officials and personnel and policeman detailed in the vicinity of the public market shall strictly enforce these provisions. SECTION 3A.03. Dispensing and Serving of Intoxicating Drinks . No person shall drink, serve or dispense liquor or any intoxicating drink within the premises of the public market. Any violation hereof shall subject the offender to the penal provisions of this Code. SECTION 3A.04. Loose Animals . No dog or any animal shall be left astray in the premises of the public market. SECTION 3A.05. Illegal Construction . The construction of living quarters within the market premises shall not be allowed. SECTION 3A.06. Ejected Stallholders Disqualified to Participate in the Drawing of Lots . Should a stallholder be ejected from his stall/booth for cause, as provided in this Code, he shall be disqualified from subsequently filing another application for the lease of any stall/booth in the public market. SECTION 3A.07. 1) No lessee shall remove, or alter the original structure, electrical wiring or water connection of any stall/stalls or booth/booths without prior permit from the Municipal Mayor and the Building Official. Any unauthorized construction shall be subject to demolition by local authorities. Dwelling in stall or any place within the market premises shall be strictly prohibited. 2) No stallholder in the public market shall be allowed to store in his stall/stalls gasoline, kerosene, or other highly combustible material. CHAPTER IV Market and Slaughterhouse Fees and Charges ARTICLE A Market Fees and Charges SECTION 4A.01. Collection of Local Revenues by Municipal Treasurer . The Municipal Treasurer, or his authorized deputies/collectors, shall collect all local taxes, fees, charges and other impositions. SECTION 4A.02. Subdivision of Market Building . The public market shall be divided into sections with each section housing one class or group of allied goods, commodities, or merchandise. These subdivisions or sections are delineated and identified in Annex "C." SECTION 4A.03. Imposition of Market Fees and Charges . There shall be collected the following market fees and charges: A. Rental charges on stalls within the market building: a) Stalls per square meter or fraction thereof, per month: Dry Goods Section Php320.00 per sq.m/month or Php2,000.00 per 6.25 sq.m Fish Section Php320.00 per sq.m/month or Php2,000.00 per 6.25 sq.m Meat Section Php320.00 per sq.m/month or Php2,000.00 per 6.25 sq.m Provided Further, That rental charges shall be paid within the first ten (10) days of the month. B. Market fees for the occupancy of market premises: a) Where occupancy is temporary, per square meter or fraction thereof, per month: As site of structures, such as stalls, Booths, or tiendas Php40.00/per day As reserved space for whatever purpose allowed under this Code, such as selling, or storage of goods, and bagsakan 40.00/per day b) Market entrance fee on transient vendors of any commodity or merchandise brought into the market for sale For every sack of rice, corn mongo, beans, peanuts, coffee, camote, and the like Php1.00 For every sack of salt or sugar 1.00 For every sack of animal feed, rice bran, or fertilizer 1.00 For every sack of salted fish or dried shrimps 1.00 For every basket/kaing of vegetables, fruits 1.00 Any vendor occupying any table, cubicle or other space with an area exceeding that to which by virtue of payment of the entrance fee shall be required to pay the correct amount of fees thereon less what he may have already paid as entrance fee. Duly licensed suppliers or distributors of goods, commodities or general merchandise servicing permanent occupants of market stalls, booths, tiendas , or other space, as well as the same occupants when they bring in goods, commodities, or merchandise to replenish or augment their stock, shall not be considered as transient vendors required to pay the market entrance fee. SECTION 4A.04. Payment of Fees . Unless otherwise provided herein, the market fee must be paid in advance before any person can sell, or offer to sell, any commodity or merchandise within the public market in its premises. SECTION 4A.05. Issuance of Cash Tickets to Transient Vendors; Prohibition on Transfer Thereof . Cash tickets shall be issued to the vendor buying the same and his name, date and signature of the Collector shall be written on the back thereof. The cash ticket shall pertain only to the person buying the same and shall be good only for the spaces or spaces of the market premises to which he is assigned and only while in the hands of the original purchaser. If a vendor disposes of his merchandise by wholesale to another vendor the latter shall, purchase new tickets if he desires to sell the same merchandise even if this is to be done in the place occupied by the previous vendor. Cash tickets shall be provided with serial numbers by the Office of the Municipal Treasurer, which shall monitor the issuance of the cash tickets in collaboration with the Market Administrator/Supervisor. ARTICLE B Slaughterhouse Fees SECTION 4B.01. Permit Fee to Slaughter . Before any animal is slaughtered for public consumption, a permit there for shall be secured from the Municipal Veterinarian. For this permit, a permit fee in the amount of Php ( refer to Revenue Code ) shall be paid. SECTION 4B.02. Imposition of Slaughter Fees . There shall be collected following slaughter fees: For Public consumption on the basis of kilo: Large cattle per kilo of dressed meat Php0.75/kilo Hogs per kilo of dressed meat 0.75/kilo Goats per kilo of dressed meat 0.50/kilo Sheep per kilo of dressed meat 0.50/kilo Others per kilo of dressed meat 0.50/kilo For home consumption on the basis of kilo: Large cattle per kilo of dressed meat Php0.65/kilo Hogs per kilo of dressed meat 0.65/kilo Goats per kilo of dressed meat 0.40/kilo Sheep per kilo of dressed meat 0.40/kilo Others per kilo of dressed meat 0.40/kilo SECTION 4B.03. Place of Slaughter . The slaughter of any kind of animal for sale to, or consumption of, the public shall be done only in the municipal slaughterhouse. The slaughter for animals intended for home consumption may be done at respective place of residence, except large cattle; Provided, that the animal slaughtered shall not be sold or offered for sale. SECTION 4B.04. Requirement for the Issuance of a Permit for the Slaughter of Large Cattle . Upon issuance of the permit required in Section 4B.01 of this Article, large cattle shall be slaughtered at the municipal slaughterhouse, Before issuing the permit for the slaughter of large cattle, the Treasurer shall require for branded cattle the production of certificate of ownership if the owner is the applicant or the original certificate of ownership and the certificate of transfer showing title in the name of the person applying for the permit if he is not the original owner. If the applicant is not the original owner and there is no certificate of transfer made in his favour, one such certificate shall be issued and the corresponding fee collected there for. For unbranded cattle that have not yet reached the required age for branding, the Treasurer shall require such evidence as will be satisfactory to him regarding the ownership of the animal for which permit to slaughter has been requested. For unbranded cattle for the required age, the necessary owner's and transfer certificates shall be issued and the corresponding fees collected therefore before the permit is granted. SECTION 4B.05. Corral Fee . The following fees, per day or fraction thereof, shall be collected for the animals to be slaughtered, which are deposited and kept in a corral owned by the local government. Large cattle, per head Php25.00 Hogs per head 15.00 Goats per head 15.00 Sheep per head 15.00 Live fowls per head 2.00 ARTICLE C Surcharges and Penalties on Unpaid Rental Charges SECTION 4C.01. Surcharges and Penalties . There is hereby imposed a surcharge of twenty-five percent (25%) of the rentals for market stalls and spaces in the market premises not paid on time and an interest of two percent (2%) per month on unpaid rentals until such amount is fully paid, but in no case shall the total interest on the unpaid amount or portion thereof exceed thirty-six (36) months. Failure to pay the rental charges for three (3) consecutive months shall be a ground for the revocation of the lease contract and the stall or space shall be declared vacant and advertised for lease in the manner provided in this Code. Any Person occupying more space than what is leased to him shall pay double the regular rate for such extra space and any back rental thereon shall be subject to the surcharge and penalty provided in the next preceding paragraph. Any person occupying space in the market premises without first paying the fee imposed in Section 4A.03 shall pay three (3) times as much as the regular rate for the space occupied. CHAPTER V Market Administration ARTICLE A General Supervision and Control SECTION 5A.01. General Authority of the Municipal Mayor . The power of general supervision and control over the administration and operations of the public market and slaughterhouse is vested in the Municipal Mayor. SECTION 5A.02. Local Advisory Committee . The Municipal Mayor may create a Local Advisory Committee to be composed of representatives from the government and private sectors to assist him and the Sanggunian in the formulation of policies to enhance the efficiency of market operations. ARTICLE B Market Personnel SECTION 5B.01. Market Administrator/Supervisor . There shall be a Market Administrator/Supervisor who shall exercise direct and immediate supervision and control over personnel of the public market, including those whose duties concern the maintenance and upkeep of, and ensuring peace and order in the market premises, subject to the general supervision of the municipal Mayor. SECTION 5B.02. Market Collectors . Market collectors shall be directly under the Municipal Treasurer in accordance with existing laws, and rules and regulations, particularly in the collections. The Municipal Treasurer shall, however, coordinate closely with the Market Administrator/Supervisor in the deployment of market collectors. SECTION 5B.03. Powers and Functions of the Market Administrator/Supervisor . The Market Administrator/Supervisor shall: a) Exercise direct supervision over the management and operation of the public market; b) Enforce all pertinent laws, rules and regulations, and the provisions of this Code; c) Assist in the formulation of the budget for operations of the public market; d) Propose and coordinate plans to enhance the efficiency of operations of the public market, including market linkages. SECTION 5B.04. Other Market Personnel . Other Officials and employees of the public market shall be determined by the Sanggunian in accordance with existing laws. SECTION 5B.05. All market personnel shall at all times during the performance of their duties wear their prescribed uniforms and shall prominently display their nameplates/identification tags. CHAPTER VI General Penal Provisions SECTION 6.01. Penalties for Violation of the Prohibitory Provisions of this Code . Any person or persons who violates any of the provisions of this Code shall, upon conviction, be penalized by a fine of not less than One Thousand Pesos (PhP1,000.00) nor more than Two Thousand Five Hundred Pesos (PhP2,500.00), or imprisonment of not less than one (1) month nor more than six (6) months, or both, at the discretion of the court. If the violation is committed by any juridical entity, the President, General Manager, or any individual entrusted with the administration thereof at the time of the commission of the violation shall be held responsible or liable therefor. Punishment by a fine or imprisonment as herein provided for, shall not relieve the offender from the payment of the tax, fee or charge imposed under this Ordinance. CHAPTER VII Final Provisions SECTION 7.01. If for any reason, any section or provision of this Code shall be held to be unconstitutional or invalid by competent authority, such judgement or action shall not affect or impair the other sections or provisions thereof. SECTION 7.02. Applicability Clause . All other matters relating to the impositions in this Code shall be govern by pertinent provisions of existing laws and other ordinances. SECTION 7.03. Repealing Clause . All ordinances, rules and regulations, or part thereof, in conflict with, or inconsistent with any provisions of this Ordinance are hereby repealed or modified accordingly. SECTION 7.04. Effectivity . This Code shall take effect thirty (15) n days after its publication in any newspaper of local circulation. ADOPTED. July 26, 2017 We hereby certify to the correctness of the foregoing resolution-ordinance. GUARIO B. SANCHEZ Secretary to the Sanggunian ANDRES S. FACUNDO Sangguniang Bayan Member/Proponent GREGORIO S. SALVADOR Municipal Vice Mayor/Presiding Officer APPROVED this ___________ day of August 2017 PETER C. CUA Municipal Mayor n Note from the Publisher: Copied verbatim from the official copy. Letter "e" should read as "d". n Note from the Publisher: Copied verbatim from the official copy. Discrepancy between word and figure.