} apf Recent up | PROVINCE OF BENGU Republic of the Philippines | $2"99¥2ig Panilavgan Records Province of. [PS ee jt! h SEP 23 2020 OFFICE OF THE SANGGI AMAN fc REGULARSESSION AUGUST 24,200. Ayh 10" Sangguniang Bayan PRESENT: Hon, Adriano R. Carantes Jr., Presiding Officer/Municipal Vice Mayor; Coun. Jodea Brendalyn R. Acay-Camuyot, SB Member; Coun. Cesar A. Altiga, SB Member; Coun. Clint D. Galutan, SB Member, Coun. Dante Alain Xavier D. Godio, SB Member; Coun. Jaime C. Laduan, SB Member, Coun. Flordeliza G. Depayso, ‘Coun. Mackenzie T. Pio Jr., : Coun. Lison C. Latawan Jr., SB Member, Coun. Romeo J. Pocding, IPM Representative, SB Member, Coun. Aljay K. Cuyahon, Pambayang Pederasyon ng mga Kabataan Barangay President, SB Member; Coun. Noel D. Bilibli, Liga ng mga Barangay President, SB Member; ABSENT: NONE. ORDINANCE NO. 35, S. 2020 AN ORDINANCE REGULATING THE USE, SALE, DISTRIBUTION AND ADVERTISEMENT OF CIGARETTES, ELECTRONIC CIGARETTES / VAPES, AND OTHER TOBACCO PRODUCTS IN CERTAIN PLACES, IMPOSING PENALTIES FOR VIOLATIONS THEREOF AND PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES. Sponsored and Introduced by Atty. Jodea Brendalyn R. Acay-Camuyot Chaitperson of the Committee on Laws, Rules & Privileges, Human Rights, Peace and Order Co-Sponsored by Hon. Flordeliza G. Depayso, Chairperson of the Committee on Health and Sanitation EXPLANATORY NOTE WHEREAS, the 1987 Constitution of the Republic of the Philippines declares that the State shall protect and promote the right to health of the people and instill health consciousness among them. Moreover, the Local Government Code of 1991 (Republic Act No. 7160) accords every local government unit power and authority to promote the general welfare within its territorial Jurisdiction, including the promotion of health and safety of its constituents; WHEREAS, The Republic of the Philippines, under the World Health Organization Framework Convention on Tobacco Control (FCTC) to which she is party, determined to give priority to the right to protect public health and to promote measures of tobacco control based on current and relevant scientific, technical and economic considerations, and agreed to implement the ‘measures provided in the treaty; WHEREAS, in pursuit of the policy of the State to guarantee the enjoyment of the right of every citizen to breathe clean air, the Philippine Clean Air Act of 1999 (Republic Act No. 8749) prohibits smoking inside enclosed public places including public vehicles and other means of transport and directs local government units to implement this provision; WHEREAS, to intensify the provision under RA 8749 regulating pollution from smoking, the Tobacco Regulation Act of 2003 (Republic Act No. 9211) provided provisions prohibiting smoking in certain public places whether enclosed or outdoors; prohibits the purchase and sale of cigarettes and other tobacco products from and to minors and in certain places frequented by minors; imposes bans and restrictions on advertising, promotion and sponsorship activities of tobacco companies; and directs local government units to implement these provisions, which was reiterated by the Office of the President through Executive Order (EO) No. 26, s. 2017 and recently amended by Executive Order (EO) No. 106, s. 2020 incorporating the prohibition of sell and use of electronic cigarettes or vapes; eC ear =fia No. 35, 8.2020 € Ege - -REAS, the Universal Health Care Act of 2019 (Republic Act 11223) directs LGUs to enact stricter ordinances that strengthen and broaden existing health policies, the laws to the contrary notwithstanding, and implement effective programs that promote health literacy and healthy lifestyle among their constituencies to advance population health and individual wellbeing, teduce the prevalence of non-communicable diseases and their risk factors, particularly tobacco and aleohol use; WHEREAS, the Civil Service Commission Memorandum (CSC) Circular No. 17, Series of 2009 prohibits smoking in premises, buildings, and grounds of goverment agencies providing health, education or social welfare and development services such as hospitals, health centers, schools and universities and colleges; and provides for specific requirements for designated smoking areas; WHEREAS, the Civil Service Commission-Department of Health Joint Memorandum Circular No.2010-01 prohibits government officials and personnel from interacting with the tobacco industry and those representing their interest unless strictly necessary to effectively regulate, control, or supervise them, and its guidelines shall be adhered strictly; WHEREAS, to further realize the above-cited Acts and mandates and the Municipality’s vision and mission ensuring health well-being of its constituents, the present local administration and the 10" Sangguniang Bayan, through the Chairperson of the Committee on Laws, Rules & Privileges, Human Rights, Peace and Order, proposed for the enactment of smoke/vape free ‘ordinance of the Municipality. BE IT ENACTED BY THE SANGGUNIANG BAYAN OF ITOGON IN SESSION DULY ASSEMBLED AND BY VIRTUE OF POWERS VESTED IN IT BY LAW, THAT: SECTION 1. Title. This Ordinance shall be known as the “Smoke/Vape-Free Ordinance of the Municipality of Itogon”. SECTION 2. Purpose. It is the purpose of this Ordinance to safeguard public health and ensure the wellbeing of all its constituents by protecting them from the harmful effects of smoking and tobacco consumption. SECTION 3. Coverage. This Ordinance shall apply to all persons, whether natural or juridical, whether resident or not, and in all places, found within the territorial jurisdiction of the Municipality of Itogon. SECTION 4. Definition of Terms. As used in this Ordinance, the terms below shall have the meanings ascribed to them in this section. Any words or terms not defined shall be given their plain and customary meanings, unless the context requires otherwise, and shall be interpreted in a manner consistent with the purpose and spirit of this Ordinance. 4.1, Advertising and promotion refer to any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco products, ENDS/ENNDS, HTPs, or their components, or the use of thereof, either directly or indirectly. 4.2. Civil society organization (CSO) refers to a legally constituted voluntary civic and social organization or institution created with no participation of government, including but not limited to, charities, development non-governmental organizations (NGOs), community groups, women's organizations, faith-based organizations, professional associations, coalitions and advocacy groups. As used in this Ordinance, CSO does not include organizations or associations related to or connected with the tobacco industry in any way. 4.3. Designated Smoking/Vaping Area (DSVA) refers to an area of a building or conveyance where smoking and vaping may be allowed, which may be in an open space or separate area with proper ventilation subject to the specific standards provided in this Ordinance. 4.4, Electronic Nicotine/Non-Nicotine Delivery Systems (ENDS/ENNDS), otherwise known as electronic cigarettes or vapes — refers to ¢-liquids, solutions or refills, whether or not containing nicotine, and an electronic delivery device, or any combination thereof, that produce an aerosol, mist or vapor that users inhale by mimicking the act of smoking. ENDS/ENNDS deliver nicotine and/or other chemicals to the lungs after one end of a plastic or metal cylinder is place in the mouth, like a cigarette or ciger, and inhaled to draw a mixture of air and vapors from the device into the respiratory system. They contain electronic vaporization systems, rechargeable batteries and chargers, electronic controls and replaceable cartridges containing nicotine and/or other chemicals. Ge f = Me 7 ¥ TRNo. 35, 8.2020 Page-3 inclosed or partially enclosed - means being covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary. 4.6, Heated Tobacco Product (HTP) — refers to a product that may be consumed through heating tobacco, either electrically or through other means, sufficient to release an aerosol that can be inhaled, without buming or combustion of the tobacco. HTPs include liquid solutions and gels that are part of the product and are heated to generate an acrosol. 4.7, Minimum Legal Age (MLA) refers to any person below the age of twenty-one (21). 4.8. Non-Smoking/Vaping Buffer Zone - refers to a ventilated area between the door of a DSVA not located in an open space and the smoke/vape-free area. There shall be no opening that will allow air to escape from such Non-Smoking/Vaping Buffer Zone to the smoke-free area, except for a single door equipped with an automatic door closer. Such door is distinct from door of the DSVA, which shall be at least two (2) meters away from the other. 4.9. Novel Tobacco Produets — refers to all substances, devices and innovations entirely or partly made of tobacco leaf as raw material, already existing or to be developed in the future, intended to be used as substitutes for cigarettes, conventional tobacco products, ENDS/ENNDS or HTPs. 4.10. Open Spaces refers to those areas forming part of a building or conveyance, which are not covered by a roof or similar structure. 4.11, Outdoor advertisement refers to any sign, model, placard, board, billboard, banner, bunting, light display, device, structure or representation employed outdoors wholly ot partially to advertise or promote a tobacco product to the public, 4.12. Person-in-charge refers to the president/manager in case of a company, corporation or association, the owner/proprietor/operator in case of a single proprietorship, or the administrator in case of government property, office or building; in case of public conveyances, the owner, driver, operator, conductor, or the captain of the public conveyance. 4.13, Point-of-sale refers to any location at which an individual can purchase or otherwise obtain tobacco products, ENDS/ENNDS, HTPs, or their components, 4.14, Public conveyance refers to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, ships, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles. 4.15. Public places refer to all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including, but not limited to, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces ‘here facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkways, entrance ways, waiting areas, and the like. 4.16. Second-hand smoke means the smoke emitted from the burning end of a cigarette, vapes or from other tobacco products usually in combination with the smoke exhaled by the smoker. 4.17, Smoking / Vaping - means being in possession or control of a lit tobacco product or powered ENDS/ENNDS ot HTP, regardless of whether the emission in the form of smoke, vapor or aerosol is being actively inhaled or exhaled. 4.18. Thirdhand smoke - means residual nicotine and other chemicals left on indoor surfaces by tobacco smoke 4.19. Tobacco Products means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as cigarettes and cigars. The term shall exclude ENDS/ENNDS and HTPs and include other novel tobacco products. 420. Workplace means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces, 7 ¢ = ie SsD finance No. 35, S. 2020 Page - 4 SECTION 5. Prohibited Acts. The following acts are declared unlawful and prohibited by this Ordinance: 5.1, Smoking/Vaping within enclosed public places and public conveyances, whether stationary or in motion, except in designated smoking/vaping areas fully compliant with the requirements of Section 6 of this Ordinance. 5.2. Selling or distributing tobacco products, ENDS/ENNDS, HTPs, or their components in a school, public playground or other facility frequented by MLA, or within fifty (50) meters from any point in the perimeler of these places. 5.3. Selling or distributing tobacco products, ENDS/ENNDS, HTPs, or their components to or from persons below age twenty-one (21). 5.4, Purchasing tobacco products, ENDS/ENNDS, HTPs, or their components from persons below twenty-one (21) years old, 5.5. Placing cinema and outdoor advertisements of tobacco products, ENDS/ENNDS, and HIPs, 5.6. Placing, posting, or distributing advertising materials of tobacco products, ENDS/ENNDS, and HTPs, such as leaflets, posters and similar materials, outside the premises of point-of-sale establishments. 5.7. Placing, posting, or distributing advertising materials of tobacco products, ENDS/ENNDS, and HTPs such as leaflets, posters and similar materials, even if inside the premises of point-of-sale establishments, when the establishments are not allowed to sell or distribute tobacco products, as in Section 5.2 above. 5.8. Ordering, instructing or compelling a person below age 21 to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco, electronic cigarette, and heated tobacco products, 5.9. Selling tobacco, clectronic cigarette and heated tobacco products and/or its component without a valid municipal business permit and license to sell. 5.10. Persons-in-charge shall be held similarly liable for the above prohibited acts if they are found to have allowed, abetted, or tolerated the same, SECTION 6. Standards for Designated Smoking / Vaping Areas (DSVAs). A DSVA may be in an open space or a separate area with proper ventilation subject to compliance of the following standards: 6.1, There shall be no opening that will allow air to escape from the DSVA to the smoke/vape-free area of the building or conveyance, except for a single doot equipped with an automatic door closer, provided that, if the DSVA is not located in an open space, such door shall open directly towards a Non-Smoking/Vaping Zone (Buffer Zone) as defined in this Ordinance, 6.2. The DSVA shall not be located in or within ten (10) meter from entrances, exits, or any place where people pass or congregate, or in front of air intake ducts. 6.3. The combined area of the DSVA and the Buffer Zone shall not be larger than 20% of the total floor area of the building or conveyance, provided that in no case shall such are be less than ten (10) square meters. 6.4, No building or conveyance shall have more than one DSVA. 6.5. The ventilation system for the DSVA other than in an open space and for the Buffer Zone shall be independent of all ventilation systems servicing the rest of the building or ‘conveyance. 6.6. Persons below twenty-one (21) years old shall not be allowed inside the DSVA and the Buffer Zone, 6.7. ‘The DSVA shall have the following signages highly visible and prominently displayed: i, “Smoking/Vaping Area” signage; ii, Graphic health warnings on the effects of tobacco, END/ENNDS, and HTP use; and iii, Prohibition on the entry of persons below twenty-one (21) years old. However, there shall be NO Designating Smoking/Vaping Areas in the following Ce /b mance No. 35, S. 2020 Page - 5 Centers of youth activity such as playgrounds, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for below twenty-one (21) years old; ii, Stairwells and elevators; . Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas explosives or combustible materials; iv. Within the buildings and premises of public and private hospitals, medical dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories; and v. Food preparation areas, 6.8 Nothing in this ordinance shall compel persons-in-charge to establish DSVAs or prevent them from instituting more stringent measures in their buildings and establishments to better ensure a smoke-free environment in their premises. SECTION 7. Duties and Obligations of Persons-in-Charge. Persons in charge shall: 7.1 Prominently post and display “No Smoking/Vaping” signages in the locations most visible to the public in the areas where smoking is prohibited, including vehicles. At the very least, a “No Smoking/Vaping” sign must be posted at the entrance of the area. The “No Smoking/Vaping” sign shall be at least 8 x 16 inches in size and the international No Smoking/Vaping symbol shall occupy no less than 70% of the signage. The remaining lower 30% of the signage shall show the following information: STRICTLY NO SMOKING / VAPING as per ORDINANCE NO. Violators can be fined up to P Report violations to [hotline number optional] 7.2. As for the DSVA, after complying with the specifications under Section 6, prominently display the following elements in signage: “DESIGNATED SMOKING/VAPING AREA” or “SMOKING/VAPING AREA” [place Graphic/Picture-Based Health Warning on the effects of Tobacco, Electronic Cigarettes, and HTP use within the signage] [hotline number optional] 7.3. Remove from the places where smoking/vaping is prohibited all ashtrays and any other receptacles for disposing of cigarette refuse. 74 For persons-in-charge of schools, public playgrounds or other facilities frequented by persons below twenty-one (21) years old, post the following statement in a clear and conspicuous manner: SELLING OF CIGARETTES, ELECTRONIC CIGARETTES / VAPES, OR OTHER TOBACCO PRODUCTS NOT ALLOWED WITHIN 50 METERS FROM [SCHOOL/ETC.] PERIMETER 7.5 For persons-in-charge of point-of-sale establishments, post the following statement in a clear and conspicuous manner: SALE/DISTRIBUTION OF TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES / VAPES TO PERSONS BELOW TWENTY-ONE (21) YEARS OLD COC + UBS o 281ce No. 35, $. 2020 Page - 6 16 1 18 19 Establish intemal procedure and measures through which this Ordinance shall be implemented and enforced within the area of which he or she is in charge, including, but not limited to, waming violators and requesting them to stop smoking/vaping, and if they Tefuuse to comply, asking them to leave the premises, and if they still refuse to comply, reporting the incident to the municipal health officer and the nearest peace officer. Ensure that all the employees in the establishment are aware of this Ordinance and the procedure and measures for implementing and enforcing it. Allow inspectors acting under Sections 15, 16 and 17 hereof and representatives of the designated civil society organization under Section 18 entry into the establishment during regular business hours for the purpose of inspecting its compliance with this Ordinance. For all signage required to be posted under 7.1, 7.2, 7.4 and 7.5 above, provide for versions of them in the local language. SECTION 8. Persons Liable. The following persons shall be liable under this Ordinance: 8.1, 8.2. Any person who commits any of the prohibited acts stated in Section 5 hereof; provided, if the violator is below age 21, the apprehending officer from the Smoke/Vape-Free Task Force shall report the incident to the schoo! principal/dean exercising jurisdiction over the violator where he/she shall be required to comply with disciplinary measures imposed by the school/university where he/she is enrolled, or endorse to the Municipal Social Welfare and Development Office for appropriate action or intervention pursuant to Republic Act 9344 or the Juvenile Justice and Welfare Act if applicable. Should the school/university have no policy for offenses committed by their students outside school premises or if the violator is an out-of-school youth, the enforcer shall endorse the violator to the Municipal Social Welfare Development Office, which may involve the parents or guardians and/or a Barangay Official where the violator is a resident, in carrying out disciplinary measures. Persons-in-charge who knowingly allow, abet, or tolerate the prohibited acts enumerated in Section 5, or who otherwise fail to fulfil! the duties and obligations enumerated in Section 7 hereof. SECTION 9. Penalties. The following penalties shall be imposed on violators of this Ordinance: oA, 92. 93. C jolation of Section 5.1 and Section 7 i, First Offense P500.00 Second Offense P1,000.00 iii. Third and Subsequent Offenses P2,500.00 and render four (4) hours community service, Violation of Section 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10 i, First Offense P1,500.00 ii, Second Offense P2,000.00 iii, Third and Subsequent Offenses P2,500.00 and render six (6) hours community service, and an additional penalty of revocation of business license or permit (in case of a business entity or establishment) Suspension of License. The license to operate of any establishment or of any public conveyance covered by this Ordinance shall be suspended for at least one (1) week but not more than one (1) month, or revoked when necessary action has not been performed within ten (10) working days upon receipt of the Citation Ticket or when penalties have not been settled within five (5) working days. Should the establishment or public conveyance found to be in violation of this Ordinance fall outside of the jurisdiction of ‘this Municipality, the recommendation for revocation or suspension of business permit and license to sell or Certificate of Public Convenience shall be forwarded to the appropriate local government unit, agency or governing body. The suspension or revocation shall only be lifted once all the requirements set forth upon re-inspection and evaluation of the Municipal Health Office, Engincering/Building Office, Business Permits and Licensing Office and/or the appropriate agency or governing body has been fully completed with. Any Task Force member may recommend the revocation or — of license or permit of an erring establighment to the appropriate office. pa Me Ee essfinance No. 35, 8. 2020 Page -7 Community Service. Community Service to be rendered by the violator in case of inability to pay prescribed fines when he/she does not wish to contest the violation and is willing to pay voluntarily the penalty imposed. For every hour of community service tendered, his/her outstanding fine shall be reduced by an amount equivalent to: i. Option 1 triple the hourly minimum wage; or ii, Option 2~ Other computations/fixed amount per hour in the municipality. 9.5. No Contest Provision. Persons who violate any provisions of this Ordinance who do not wish to contest the violation and are willing to pay voluntarily the penalty imposed upon him/her for the first and second offenses enumerated in Section 9.1 and 9.2 prior to the filing of a formal complaint with the proper court, shall be allowed to pay the penalty with the Municipal Treasurer's Office / Barangay Treasurer where the violation was committed within five (5) working days from the day of apprehension. If after the lapse of five (5) working days, the violator has failed to present the Official Receipt of the payment of the penalties, the Itogon Municipal Police Station shall have the case filed with the Prosecutor’s Office, attaching an Affidavit or Certification from the Municipal ‘Treasurer’s Office that the violator failed or did not avail of the No Contest Provision, The No Contest Provision cannot be availed for third and subsequent offenses. 9.6. Subsidiary Imprisonment Provision. Subsidiary imprisonment may be imposed by the court in the event that the violator is unable to pay the fine which he/she is sentenced to pay. 9.7. Proper Identification. For the purpose of verifying the age of violator, persons found in violation of this Ordinance must present valid proof of identification. In the absence of such proof, the violator shall be brought to the nearest police station for proper identification, then to the Smoke-Free Task Force for the payment of penaity or rendition. of community service. 9.8. Confiscation or Removal. Tobacco, electronic cigarette and heated tobacco products and their advertising/promotions paraphernalia found violating any of the prohibited acts in this ordinance shall be subject to confiscation and/or removal by the Itogon Municipal Police Station in favor of the Municipal Government of Itogon for the latter’s condemnation and destruction, SECTION 10. Issuance of Certificate of License to Sell Tobacco Products and Issuance of Notice of NO SALE to individuals below 21 years old, All retailers of tobacco products shall obtain certificate of license to sell and Notice of NO SALE to individual below 21 years old. Such license and notice issued by the Municipal Business and License Section shall be posted in the premises of the licensee. SECTION 11. Citation Ticket System. Violators of this Ordinance shall be informed of their violation and the penalty associated with such violation by means of a Citation Ticket System with the following guidelines: 11.1. Official booklets of Citation Tickets shall be issued by the Municipal Treasury Office to duly authorized enforcers within ninety (90) calendar days of the effectivity of this Ordinance. 11.2. A Citation Ticket shall be issued to the person/s liable for any violation of this Ordinance upon finding of the violation by PNP and the duly authorized enforcers. 11.3. A Citation Ticket shall contain the following information: i. The barangay where the violation was committed ii, The name and designation of the apprehending officer or duly deputized enforcer iii, A checklist of the violations under this Ordinance iv. The fines associated with each violation v. Due date for compliance with the obligations imposed by the ticket 11.4. When a Citation Ticket is issued to a violator, the violator shall report to the Municipal Treasury Office or the Barangay Treasury Office within five (5) working days after such issuance, where he or she shall pay the fine imposed. 11.5. The Municipal Treasury Office shall keep a duplicate of all Citation Tickets issued to viol: as well as all other records of violations of this Ordinance, COP EE pSirdinance No. 35, S. 2020 Page - 8 SECTION 12. Smoking/Vaping Cessation Program. The Health Officer, with the assistance of the Health Education and Promotion Officer and the CSO representative designated under Section 18 hereof, shall develop and promote a Smoking/Vaping Cessation Program and encourage the participation therein of public and private facilities which may be able to provide for its requirements. Smokers who are willing to quit and/or those found violating this Ordinance may be referred to the ‘Smoking/Vaping Cessation program and its facilities. SECTION 13. Smoke/Vape-Free Task Force. A Task Force shall be created to aid in the implementation, enforcement and monitoring of this Ordinance as well as to conduct educational awareness campaigns, information dissemination programs, and capacity building programs, that will inform the constituents and train enforcement officers. The Task Force shall be composed of the following: Chairperson : Municipal Mayor Co-Chairperson : ——- Municipal Health Officer Members : Chairperson of SB Committee on Health and Sanitation Pederasyon ng Sangguniang Kabataan President Municipal Legal Officer Municipal Mayor's Office (Administrative Officer) Municipal Engineer/Building Officer Human Resource Management Section Officer Municipal Business Permits and Licensing Officer Municipal Treasurer Municipal Environment and Natural Resources Officer (MENRO) Representative/s from DepEd, CHED and/or academic institution Municipal Social Welfare and Development Officer Representative of the civil society organization (CSO) designated under Section 18 hereof : Representative of the Philippine National Police (PNP). The task force shall not include as a member any person or entity connected in any way to the tobacco industry. SECTION 14. Duties and Responsibilities of the Task Force, Other than (1) receiving, reviewing and processing reports of and complaints for violations of this Ordinance; (2) deputizing enforcers under Sections 14 to 17 hereof; and (3) spearheading the conduct of training for the deputized enforcers on how to apprehend the violators, the Task Force shall have the following respective duties and responsibiliti 14.1. The Municipal Health Officer shall: i. Assign a hotline or any other number to which violations of this Ordinance may be reported by telephone call or by SMS, and a person to operate the line and record ts; i. “Serve as the overll coordinator among all the Municipality of Itogon offices involved in the implementation of this Ordinance; and iii, Make tobacco/vape control, including the implementation and enforcement of this Ordinance, a part of the health program to be proposed for funding by the general budget of the Municipality of Itogon. 142, The Municipal Treasury shall: i Issue official Citation Tickets to the enforcers; Shall collect and receive fines paid by violator; iii, Shall keep a duplicate copy of all citation tickets issued to violators as well as all other records of violation of this Ordinance; and iv. Shall delegate the collection of fines to the barangay treasurers of each barangay and issue official receipts to the barangays 143. The Municipal Human Resource Management Section shall: i. Develop and produce information, education and communication materials on the Cc - eae smoke as well as on.the provisions of this Ordinance; iSs 144, 145, 14.6. 147. 148, 149. 14.10. 14.11. 1 No. 35, S. 2020 Page -9 ii, Encourage constituents of the Municipality of Itogon to monitor and report violations of this Ordinance; and ii, Assist the Health Officer in developing and promoting a smoking cessation program. ‘The Municipal Legal Officer shall assist the Task Force in reviewing reports of and complaints for violations of this Ordinance and in determining liability. ‘The Municipal Engineer/Building Officer shall: i, Conduct, together with the Health Office or on its own, inspection activities as provided in this Ordinance; and ii, Determine whether or not enclosed or partially enclosed public places, workplaces or other public places comply with the requirements of this Ordinance. The Municipal Mayor’s Office (Administrative Officer) shall: i, Print the Citation Tickets and copies of this Ordinance for distribution to the public; ii, Make a primer summarizing the provisions of this Ordinances and iii, Publicize activities related to the implementation and enforcement of this Ordinance. ‘The Municipal Business Permits and License Section shall: i, Order the suspension or revocation of permits and licenses of establishments found to have violated this Ordinance, subject to the provisions of Section 9 hereof; Deny renewal of permits and licenses of violators of this Ordinance; and iii, Issue a certificate of license to sell tobacco products and notice of a NO SALE to individuals below 21 years old as provided under Section 10 hereof. ‘The Municipal Social Welfare and Development Officer shall: i, Assist in the enforcement of this Ordinance when persons below 21 are involved; Provide the necessary interventions for persons below 21 implicated in violations. ‘The Municipal Environment and Natural Resources Officer shall: i. Assist in promoting awareness of this Ordinance as a component in the protection and conservation of the environment and in encouraging public support and participation in its implementation and enforcement; ii, Assist in inspection and monitoring violations of the Ordinance on its own or with. any other member of the Task Foree; iii, Conduct timely monitoring of air, water, soil quality and other studies pertinent to determining levels of exposure to tobacco smoke, e-cigarette aerosol, residues, by- products, and litter, among others; and iv. Provide expertise in the application and management of appropriate technologies to avert environmental/health risks, accidents, and damage posed by tobacco smoke, e-cigarette aerosol, residues, by-products, waste generated, among others. ‘The Representative from DepEd, CHED and/or Academic Institution shall i. Implement the Department/Commission Orders on the integration of tobacco control education into the school curricula; ii, Ensure strict compliance of the Memos and Orders on the protection of the bureaucracy from industry interference as per Article 5.3 of the WHO Framework ‘Convention on Tobacco Control (FCTC); iii, Ensure strict compliance of schools in enforcing 100% smokefree campuses and school facilities including the schools” vehicles; iv. Assist in the monitoring of tobacco/electronic cigarette products’ sales, advertisements, and promotions within 50 meters from the perimeter of schools, public playgrounds and facilities frequented by persons below 21; and v. Ensure the posting in a clear and conspicuous manner “No Smoking/Vaping” signs, and notices for the sales ban of Tobacco Products within 50 meters from the perimeter of schools, public playgrounds, facilities frequented by persons below 21 and health facilities. The CSO Representative shall: i. Assist in preliminary inspections and in monitoring violations of this Ordinance; i Assist in promoting awareness of this Ordinance and in encouraging public ii ‘sypport and participation in its implementation and enforcement; iii, sist in developing and promoting a smpking cessation program;dinance No. 35, S. 2020 Page - 10 iv. Assist in developing and conducting orientation seminars and training seminars for enforcers; v. Assist in evaluating the performance of the Task Force and the effectiveness of the implementation and enforcement of this Ordinance; and vi. Apprehend violators only after thorough training and orientation as provided under Section 21 hereof. 14.12. The PNP Representative shall: i. _Apprehend violators in accordance with the provisions of this Ordinance; and ii, Assist Municipality of Itogon officials and deputized civilians in apprehending violators and in filing the appropriate complaints, 14.13. Duly deputized civilians shall: i, Undergo thorough training on apprehending violators to be conducted by the Local Government Unit of Itogon to be spearheaded by the Task Force; ii, Wear valid identification cards duly issued by the Task Force and wear proper uniform while on duty; iii, Apprehended violators of this Ordinance only during duty hours of 6 o'clock in the ‘morning until 6 o'clock in the evening, SECTION 15. Enforcement on Individuals. Members of the PNP, and deputized Barangay Tanods, and other duly deputized persons shall apprehend and issue Citation Tickets against persons caught smoking in places where such is prohibited. They shall forward copies of the tickets they issue violators to the Municipal Treasury Office or the Barangay Treasurer regularly, at least thrice a week. SECTION 16. Enforcement on Public Conveyances, Members of the PNP and/or persons duly deputized by the Task Force shall inspect public conveyances during their regular hours of operation and shall issue Citation Tickets upon discovery of any violation of this Ordinance. They shall forward copies of the tickets they issue violators to the Municipal Treesurer or the Barangay Treasurer regularly, at least thrice a week, SECTION 17. Enforcement on Establishments. Sixty (60) calendar days after the effectivity of this Ordinance, an inspection team composed of representatives from the Health Office, the Engineer's Office, the Permits and License Office, and with the assistance of barangay official(s) shall conduct inspections of establishments and buildings to determine their compliance with the provisions of this Ordinance, Regular inspection shall thereafter be conducted at least once every month or simultaneously with other regular inspections done by the Municipality of Itogon, Whichever is more frequent, during normal hours of operation of the establishment. The inspection team shall issue a Citation Ticket against the establishment upon finding of noncompliance with or of any violation of this Ordinance. Furthermore, a Citation Ticket may be issued for each day that the establishment is found to be non-compliant. Re-inspection of the establishment shall be done on any day after the issuance of the Citation Ticket, but in no case more than ten (10) calendar days after such issuance. If the establishment fails to comply with the obligations stated in the Citation Ticket upon re-inspection, the inspection team shall recommend the suspension of the license to operate of the establishment, consistent with Section 9.4 hereof. In the course of inspection, the inspection team may apprehend individual violators and request the assistance of the PNP in doing so. SECTION 18. Civilian Participation in Enforcement. Within thirty (30) calendar days from the effectivity of this Ordinance, the Health Office shall designate, with the approval of the Office of the Municipal Mayor, a Civil Society Organization (CSO) to discharge the duties and responsibilities enumerated in Section 14.11 hereof. SECTION 18.1, The Task Force may upon the approval of the Local Chief Executive, deputize civilian enforcers, to include but not limited to the Barangay Health Workers and Barangay Tanods, /ho are outstanding members of the community; non-smokers; and persons of good standing as certified by the Punong Barangay of their place of residence. SECTION 19. Information Dissemination. Within sixty (60) calendar days of the effectivity of this Ordinance/the Health Office shall: C po oP wryos iiee No. 35, S. 2020 Page - 1s coordination with the Office of the Municipal Mayor: i. Provide at least two (2) copies of this Ordinance to every PNP station or compac in the Municipality of Itogon; ii, Provide a primer on this Ordinance for every member of the PNP in the Municipality of Itogon; and iii, Conduct lectures to brief members of the PNP members of the provisions of this Ordinance and of their responsibilities with respect to its enforcement. 19.2. In coordination with the Permits and Licenses Office, give a copy of this Ordinance and its primer to all existing establishments that are licensed to operate and open to the public, as well as to those applying for a new license to operate, and to all public utility vehicle operators in the Municipality of Itogon. SECTION 20. Public Billboards, Notices in Barangays. Upon effectivity of this Ordinance, the Engineer's Office shall put up billboards in conspicuous places in the Municipality of Itogon to notify the public of the restrictions and sanctions imposed by the ordinance. The Legal Officer shall also immediately issue for dissemination at the barangay level notices regarding the obligations of persons under the ordinance. SECTION 21. Conduct of Orientation Seminars and Trainings. Within sixty (60) calendar days from the effectivity of this Ordinance and periodically thereafter, the Health Officer, with the assistance of the Municipal Human Resource Management Officer and the CSO representative designated under Section 18 hereof, shall develop and conduct a series of orientation seminars and trainings for the enforcers of this Ordinance, at least one for each group, including but not limited to, deputized enforcers like barangay health workers and the barangay tanod, and the local PNP. SECTION 22, Funding, An initial funding to defray the expenses necessary for or incidental to the implementation of this Ordinance in the amount of Three Hundred Thousand Pesos (Php300,000.00) shall be sourced out from the General Fund of the Municipal Local Government of Itogon and is hereby allocated and shall automatically be included in the Annual Budget of the Municipality of Itogon for the first year of implementation. The above expenses include, but are not limited to: 22.1. Costs of printing copies of this Ordinance, the Citation Tickets, and information, education and communication materials pertaining to tobacco control; 22.2, Costs of inspection and enforcement by the Smoke/Vape free Task Force, including allowances for meals and transportation, the amounts of which shall be set by the Office of the Municipal Mayor; Cost of regular or periodic meetings of the Task Force; Institution and operating expenses of the smoking cessation program and facility; %. Cost of trainings and orientations of civilians prior to being deputized as civilian enforcers; 22.6. Other expenses associated with the implementation and enforcement of this Ordinance; and 22.7. Conduct of prevalence and compliance monitoring and assessment activities. Three (3) years after the first year of implementation, the Local Government Unit of Itogon shall determine if funding is necessary to defray necessary expenses or for expenses incidental to the implementation of this Ordinance. If the LGU finds it necessary, it shall include the said fund in the Annual Budget for the next year. SECTION 23. Collection and Sharing of Proceeds of the Administrative Penalties. a. Collection of Fees. The Municipal Treasurer shall delegate to the Barangay ‘Treasurer the collection of administrative fines for violation of the provisions of this Ordinance. The Local Government Unit of Itogon Receipt shall be issued upon payment of the prescribed fines in the Citation Ticket by the violator. The Barangay Treasurer shall remit one hundred percent (100%) of the collection to the Municipal Treasurer for the latter to determine the total collection before the closing of the books for the calendar year. b. Sharing of the Proceeds, The Municipal Treasurer shall determine the total collections of the proceeds and shall likewise determine the total collections for each barangay basing it from the citation tickets which indicate the barangay where the Yiplgtion was committed and apprehended. ‘The Municipal Treasurer shall download ke Wx tp eRBal finance No. 35, S. 2020 01 Page - 12 to the Barangay Local Government Unit their share from the proceeds quarterly every year. ¢. Forty Percent (40%) of the collection shall accrue to the barangay where the violation was ‘committed and apprehended. Whereas, the remaining sixty percent (60%) shall accrue to the General Fund of the Municipal Local Government of Itogon. d. Out of the forty percent (40%) share of the component Barangays of MLGU of Itogon, the Barangay Local Government Unit shall give 20% to the duly deputized enforcer who issued the citation ticket. SECTION 24. Repealing Clause. All ordinances contrary to or inconsistent with this Ordinance are hereby repealed or modified accordingly. SECTION 25. Separability Clause. If any part or provision of this Ordinance is declared unconstitutional or invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof. SECTION 26. Effectivity Clause. This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of local or general circulation or posting in at least two (2) conspicuous places in the Municipality of Itogon, ENACTED this 24" day of August 2020. SAR TIGA a CLINT D. GALUTAN Councilor moron G. DEPAYSO ilor Liso ¢. WAN JR. Chunciior NOELB4 “ig mga Barangay President Councilor, Pederasyon ng mga Kabataan Barangay President CERTIFIED CORRECT AND DULY ADOPTED: ATTESTED: s . ADRIANO'R: CARANTES JR. Presiding Officer/Municipal Vice Mayor APPROVED: IBACFGDRHClau Or No 25082000 Land of Golden Opportunities Munipol i) Tree