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QC sp-2109, s-2011-1

Quezon City ordinance of billboards

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Joey O. Berroya
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100% found this document useful (1 vote)
551 views19 pages

QC sp-2109, s-2011-1

Quezon City ordinance of billboards

Uploaded by

Joey O. Berroya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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he EZON ae COUNCIL ww chy City ‘Council . ou Republic of the Philippines PO2011-97 40% Regular Session ORDINANCE NO. SP-_ 2109 a AN ORDINANCE REGULATING THE CONSTRUCTION, DISPLAY, AND MAINTAINANCE OF ALL COMMERCIAL SIGNS AND SIGNBOARDS/ BILLBOARDS INCLUDING ITS SUPPORT STRUCTURES WITHIN THE TERRITORIAL JURIS. UCTION OF QUEZON CITY, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES. Introduced by Councilor ANTHONY PETER D. CRiSOLOGO, Co-Introduced by Councilors Francisco A. Calalay, Jr., Dorothy A. Delarmente, Ricardo T. Belmonic, Jr., Joseph P. dJuico, Alexis R. Herrera, ~ scious Hipolito Castelo, Alfredo D. Vargas iif, Eden "A. Medina, Julienne Alyson Rae V. Medalla, Roderick M. Paulate, Gode,“edo T. Liban If, Julian ML, Coseteng, Allan Berdict S. Reyes, Jaime F. Horres, Jose Mario Do» S. De Leon, Gian Carlo G. Sotto, Eufemio C. Lagumbay, Edcel B. Lagman, -'r., Jesus Manuel C. Suntay, Jessica Castelo Daza, Raquel S. Mu /afgen, Vincent DG. Belmonte, Marvin C. Rillo, Rarulfo Z. Ludoviea and John Ansell R. De Guzman. WHEREAS, there is a rampant proliferation of illegal signs and sign structures along the thoroughfares of Quezon City; . WHEREAS, there were already instances wherein the existence of these gigantic structures in. the City pos+ immediate threat to the public peace, health, welfare and safety to the city populace, especially during roiny and typhoon seasons; x : YS ce orate. st “$909 soll Page —2- PO2011-97 WHEREAS, Presidential Decree No, 1096, othk. wise known as the National Building Code of the Philippines, and its Implementing Rules and Regulations prescribing uniform requirements for the design, construction, insivlation and maintenance of all kinds of signs, signage, billboards and signboards for general application is deemed inadequate to address the prevailing pro&feration of all illegal signs, signage, billboards and signboards proliferating urithin *he territorial Jurisdiction of Quezon City; WHEREAS, Section 455 (3) (iv) of Republic Act No 7160, otherwise known as the Local Government Coa of 1991, as amended, states that the City Mayor, as th~ Local Chief Executive of the City, shall issue licenses ana permits and suspend or revoke the same for any violation of the conditions upon. which said licenses or permits had been issued, pursuant to law or ordinance; WHEREAS, Section 458 (3) fiv) of Republic Act No 7160 empowers the Sangguniang Panlungsod to regulate the display of and fix the license fees for signs, signboards, o~ biilboards at the place or places where the profession or busi'-ess advertised thereby is, in whole or in part, conducted; WHEREAS, pursuant to Republic Act No 7:50, otherwise known as the Local Government Code of 1991, as amended, and Presidential Decree No. 1096, otherwise known a; the National Building Code, the City Building Official, as the counterpart entity of the Department of Public Works and Highways, is mandated to strictly implement the provisions aj the National Building Code with respect to the safety and regulation of all structures being installed and erected; WHEREAS, the formulation and adoption of an up to date and a more stricter provision on the erection of signs, signage, signboards and billboards is necessary to complement the City’s goal on urban renewal, green building and climate change as well as to provide remedies to the inadequacies a)'ri ambiguities of the National Building Code (PD No. 1096) and its Impiemerting Rules and Regulations geared iowards the maintenance of economic balance; y . 3 => 40% Regular Sgsgi a! Ord. No SP 2 LUG s-20t, Page ~3- PO2011-97 WHEREAS, in accordanae with Rule XX of Presidential Decree No. 1096, it is necessary to have a stand structural billboard, signage, sign and signboard design compliant with the National Building Code of tie Philippines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED: SECTION 1. SHORT TITLE - Thik ordinance shall be known as the “Comprehensive Signs, Signboard/ Billboc:: 4 Ordinance of 2011". SECTION 2. DEFINITION OF TERMS, For the purpose of this Ordinance, the following definitions shall apply: Advertising Sign - A sign or signboard structure that directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered at a place other than where the business, profes sion, ete., 1s looated. An off-premise sign. Advertising Sign Precincts - an area specifically designated by the City Planning Developm -nt Office (CPDO} where advertising signs are permitted Back-to-Back Sign. — Advertising sign consisting of two signboards with one structure oriented in opposite directions and at a distance of not more than three (3) meters between. the nearest parts of the sign. Billboard - A display panel for posting adve-ttising material Building Permit - A written authorization granted by the Building Official to an applicant allmving the applicant to proceed urith the construction of a specific project after plans, specifications and other pertinent documents have been found to be fa it with Presidential Decree 1096 and its yo eS ae 40% Regular Spsgi 4 Ord.No. SP- s-2011 Page ~4- PO2011-97 Business Sign ~ An accessory sign that ‘hrects attention to a profession, business, commodity, service or entertainment conducted, sold or offered in the same place where the business is located. /.: on- premise sign. Certificate of Use - A_ written authorization issued/granted by the Building Official after final inspection and submission of a duly n-tarized certificate of completion that the building/s.-‘icture complied with PD 1096. Display Sign — Any matevial, device or structure that is arrange, intended, designed, or used uz an advertisement, announcement or directory that includes a sign, sign screen, signboard or advertising device of any kind. Display Surface — The entire area of the signboard or the entire area enclosed by the extreme limits or perimeter of the signboard. Electrical Sign - Any sign which has cha’: cters, letters, figures, designs, faces, backgrounds, or vutline illuminated by fluorescent lamps or luminous tubes as part of the sign or signboard proper. Thes: light Sources are external or internal. EE Electronic Sign — An electronically operated advertising medium like lighted electronic diodes, etc. Digital/ Electronic Billboards - a billboard created from computer programs and software, projected or displayed using electronic devices such as projectors, LED display, board, ete. Ground Sign - An on-premise sign or signboard structure with the support resting on the ground, of which height shall not exczed six (6.00) meters. Imprint — A plaque or sticker identifying the service provider/ owner, office address, telephone number and [amas ¥ 0x s b 40% Regular Se: 4 Ord.No. SP- S209] Page -5- PO2011-97 National Road - Any public road, classified as pi mary or secondary, deciared as national road by the President of the Philippines upon recommendation of the Secretary of Public Works and High:vays, satisfying the conditions sat forth under Executive Order No. 113, Establishing the Classification of Roads. structure usually located aiong tne nanona: resi erat advertises goods or services that are sold or offered at @ place other than. where the sign or signbu: rd is located, using free-standing upright supports «- roof mourted sign. On-Premise Sign - A sign or signboard structure located within the place where the goods or se; “ices are sold or offered, also called as Business Sign. Projecting Sign — A sign fastened to, suspended fro:i. ar supported on a building or structure the ° 40 Regula: ie 4! Ond.No. SP. “FINO 20M, Page -12- PO2011-97 4.2.12 Fire Safety Correction Sheet; 4.2.13 Certificate of Occupancy for the build: 7, if the sign or signboard structure is a roof or wall mounted. 4.3 The following shall be the requirements for tne issuance of Certificate of Use: 4.3.1 The Issued Building Permit and the submitted Plan; 4.3.2 Issued Zoning/ Locational Clearance; 4.3.3 Fire Safety Inspection Certificate (FSIC}; SECTION S. SIGN PERMIT — Any natural persc 1, firm or comoration, desiring to install or display advertising vusiness signs shall secure a Sign Permit from the Department of Building Official (DBO). 5.1 The following shall be required as a co: .“tion precedent to secure a Sign Permit: 5.1.1 Duly accomplished and notarized Sign Permit application form endorsed by the lot/bv !ding owner; $.1.1.1 Certificate of Use for signs to be displayed over signboar:: structures with building permit; 5.1.1.2 Attachment/Anchorage Structural plan and design analysis and computation for ordinary signs urith no building permit which must ve io signed and sealed by a licensed/ civil engineer; : 5.2 Sign permits shall have a maximum duration of one (1) year, renewable upon payment of necessary renewal fees and acquisition of Annual Inspection Certificate for the sign/ signboard structure used. SECTION 6. PROCESSING, EVALUATION, INSPECTION - i The following shall govern the processing, evaluction and inspection of the advertising Sign and Billboards: v | b 2S 40% Regular ‘Sapei Ord.No SP. TS 201k, Page -13- PO2011-97 6.1 Upon completion of the necessary document-ry requirements, the applicant shall submit the Sign/ Building Permit/Certificate of Use applicc:..on to the Department of Building Official (DBO) for processing and evaluation; 6.2 The Department of Building Official (DBO) shall process and evaluate the submitted application 1 der this ordinance, with the standard procedure of the National Building Code of the Philippines and its implementing Rules and Regulations and « ‘her additional regulations prescribed by the Departmeit of Public Works and Highways (DPWH); 6.3 The Building Official shall issue the Sign/Bu‘iding Permit/ Certificate of Use after compliance and} issing the evaluation and processing procedure set-forth above; 6.4 Field inspection shall be conducted upon. completion by the Department of Building Officia: vith the presence of the Service Provider or any of his duly authorized representatives, annually to validate the Structure whether the same is structurally stable, well maintained and no enlargement has been done by the Service provider. The assessment by the Department of Building Official and the certificate issued by a civil/ structural engineer certifying the stability the sign/ signboard structure and the Third Party ability Insurance in the amount of One Hundred Thousand Pesos (P100, 000.00), shall be the basis for the renewal of the Annual Inspection Certificate which shail be the basis for the issuance of the sign ,-rrmit renewal. SECTION 7. FEES AND PENALTIES — The Quezon City Revenue Code, as amended, and the National Building Code of the Philippines shall be applied in the computation of fees and penalties for ea structures apd sign permit applications whichever is higher. J 3s xx % 40% Regular ere om Ord.No. SP- 3 S20. Page -14- PO2011- 37 SECTION 8. ZONING - The following shall 42 a condition precedent in the issuance of Zoning/Locational Clearance in accordance with the established Adverising Sign Precincts/ Areas: 8.1 The City Planning Development Office (CPL "’) shall issue zoning clearance in accordance with the established advertising sign precincts within the commercial and industrial zones to reguk.te the location of advertising signs and structures; 8.2 Thirty (30} days upon the approval cf this Ordinance, the City Planning Developmer' Office (CPDO) shall recommend the locations of the advertising sign precincts/areas within commercial and industrial zones for the approval of the mayor. SECTION 9. ENFORCEMENT AND MAINTEI'4NCE — The Department of Building Official shall classify ill existing advertising sign structures based on the inventory inspection conducted to determine: 9.1 Advertising signs or sign structures posing imminent danger to life, health and property: 9.1.1 Advertising signs violating applicabi: !aws, rules, and regulations and restrictions 1‘ Jer this ordinance; 9.1.2 Advertising sign structures constructed within the easement of rivers, roads and right- afway; 9.1.3 Advertising sign structures oor tructed without the necessary permit. 9.2 Signs and Signboards Structures burden to prove that the sign structure complies with the provisions a) this Ordinance, 10.1.2.2 The findings of the Office of the Mayor shall be final and non-appealable. 10.1.2.3 In the event that the Office of the Mayor finds that no violation of this Ordinance was committed, it shall provide the necessary elec nce for the owner/operator of the sign structure ushich shall be presertted to the Office of the Building Official. 10.1.3 A declaration from the Department of Building Official that the sign structure is unsafe, ruinous or a hazardous structure shall be appealuble to the Department of Public Works and SF —— SM 40% Regular Segsj 4 Ordo SP. 2109 5.201) Page -17- PO2011-97 10.13.1 Written notice or advice = ball be served upon the service provider, lot or building owner of such finding or declaration, giving him rt least fifteen (15) days within which to cause the re air of the ruinous or dangerous sign or signboard st’ -cture or any part or portion thereof. 10.1.3.2 Withir. the fifteen (15) day >eriod, the service provider, lot/ building owner may, i) %e so desires, appeal to the DPWH Secretary the finding or declaration of the Building Official and ask that a re-inspection or reinvestigation of the sign or signi. urd structure be made. 10.1.3.3. If the appeal is meritorious, the DPWH Secretary may designate a competent representative/s other than the Building Off ial to undertake the re-inspection or reinvestigation ~f the sign or signboard structure. The representativc/s so designated shall make or complete his/their report within a period of thirty (30) days from the ‘late of termination of re-inspection or re-investigation. 10.3.4. If after re-inspection, the finding is the same as the original one, the DPWH Secre:-ry, thru the Building Official, shall notify the -ervice provider, lot/ building owner, giving him not mure than fifteen (15) days from receipt of notice with affirmed ‘findings to make the necessary repair of the ruijous or dangerous sign or signboard. structure or any wart or portion thereof. 10.2 Order for dismantling and/or demolition shall come from the Mayor or his authorized representative. The Department of Public Orde, and Safety or any other Department that may be deputized by the Mayor shall implement the said Order. The Quezon City Police District (QCPD) shall assist in the implementation of the said Order. 7 : ¢ oe crane se TOS s20h, Page -18- PO2011-97 10.2.1 The following steps shall be observed in the abatement/demotition of sign and signboard structures when there is a finding or declaration by the Building Ojficial that the sign or signboard structure has no existing permit, when there is failure on. the part of the owner to repair the unsafe, ruinous or a hazardous structure or when the structure is adjudged to be non-conforming to this Ordinance: 10.2.1.1 If the Building Official has determined that the sign or signboard structure must be demolished, the Order shall require that the service provider shall demolish the sign or signboard 3tructure within fifteen (15) days from the date of receipt of the Order; that all required permits be secured therefor, and that the demolition be completed witiin such reasonable time as may be determined by the Building Official. 10.2.1.2 Upon failure of the »:rvice provider/owner te comply with the Order, th Fuilding Official shall cause the structure to be dismantled or removed, partly or wholly, as the case may be, with all expenses thereof chargeable to the owner, 10.2.1.3 The sign structure as repaired or in case of dismantling, the materials gathered after the demolition of the sign or signboard structure shall be held bu the OBO uniil full reimbursement c/ the cost of repair —ismantling and removal is made dy the owner which, in no case, shall extend beyond thirty (30) days from the date of the completion of the repair, dismantling or removal. After such period, said materials of the sign or signboard structure thus repaired, dismantled or remaved shall be sold at any public auction ‘n satisfy the claim of the OBO. Any amount in excess of the claim of the government realized from the sale of the sign. or signboard structure and/or materials shall be delivered to the owner. ‘ mS ES < ’ 40% Regular Sein y Ord.No. SP- 9 5-20 i h Page ~19- PO2011-97 SECTION 11. TRANSITORY PROVISIONS — All sign structures erected before the adoption andl are i consistent with the provisions of this Ordinance shail be given a wace period to comply dating from the receipt of a notice of abatement and/or removal/demotition from the Departmerd of Building Official (DBO) as follows: 11.1 Billboards and Sign Structures erected before this Ordinance compliant with the existing provisions of the Building Code and its Implementing Rutes and Regulations as well as its Additional «ules and Regulations on Signs and Signboards/ Billboard structures may be allowed provided they submit complete documentation of all papers show. -g support thereto including recent Lease Contracts All sign structures with valid permits shall be espected provided the minimum requirements under this ordinance are observ d. All. existing Billboards and Sign Structures shall comply with this Ordinance within three (3) years from the date of its effectivity. Non-compliance shot merit mandatory removal. 11.2 For non-compliant sign structures, the following grace periods shall be observed: 11.2.1 All types of outdoor advertisir7 sign or signboard structure encroaching the road ri: “t-of-way shall be given a grace period of one (1) month, 11.2.2 Roofmcunted off premise outdoor advertising sign or signboard structure shali he given a grace period of three (3) months; 11.2.3 Free-standing offpremise_ siqn or signboard structure located on yard setbacks of commercial, industrial and institutional bu::aing shall be given a grace period of six (6} months; 11.2.4 Free-standing off-premise adve. ‘sing sign or signboard structure located on undeveloped areas ges tan tamed of One (1) year; ws 40% Regular Sagi fy‘ Ord.No. SP- “STG soo, Page 20- PO2011-97 11.2.5 Existing Contracts betweer Service Provider and Advertiser shall be given a period until Contract expires and/or terminated. 11.2.6 All activities pertaining to abatem nt shall be covered by appropriate permit to be issued by the Building Official. 11.3 All other matters not covered by this Crdinance shall be understood to be covered by tl... National Building Code and its Implementing Rules and Regulations as well as its Additional Pules and Regulations on Signs and Signboardss 3illboard structures. SECTION 12. PENAL PROVISIONS ~ A fine of Five Thousand Pesos (PS, 000.00) or an irprisonment of not more than six (6) months or both at the discretion. of the court, shall +e imposed to any person, firm or corporation who will erect, construct, enlarged, alter, repair, move, improve, remove, convert, demolished, equip, use, occupy, or maintair, any sign structure/ display or cause the same to be done c “trary to or in violation of any provision of this Ordinance. The same penalty and revocation. of all its Permits shall be imposed on any person, firm or e--noration. who shall violate the provisions of this Crdinance including provisions from the National Building Code of the Philizvines (NBCP) and its IRR that i. related hereto. The same penalty shall be imposed to cot or Building Owners or Administrators who reuse to let the duly authorized personnel of the Quezon City Government from entering their lot or building premises for inspection of sign structures and/or dismantling/ demolition of the same upon ort.er under the authority of the Mayor or the Building Official. ¥ b silo wwgular ie ong wrd.No. SP- 9 9 szohs Page —21- PO2011-97 SECTION 13. APPROPRIATIONS — The amount of Forty Million Pesos (P40,000,000.00) is hereby appropricted for the purchase of equipment for the capability of imple >enting this Ordinance which shall be taken from the Divaster Risk Reduction Management Fund or any available funds of the City Government. SECTION 14. REPEALING CLAUSE ~ All other Ordinances, Executive Orders and issuances inconsistent with the provisions of this Ordinance are hereby repealed, supers: ted and amended accordingly. SECTION 15. EFFECTIVITY - This Ordinance shall take effect immediately upon its approval and after its publication in @ news paper of general circulation. ENACTED: October 3, 2011. ATTESTED: Atty, JOHN fS. ALFEROS IL City Gov't. Asst, Dept. Head TI RT M. BAUTISTA City Mayor CERTIFICATION This is to certify that this Ordinance was APPFOVED by the City Council on Second Reading on October 3, 2011 and was PASSED on Third/ Final Reading on October 17, 2011. Atty JORN THOMAS Ac FEROS It X City Govt. Asst. Dept. Head III

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