Republic of the Philippines Province of OFFICE OF THE cae BAYAN REGULAR SESSION, MAY 24, 2021, 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, SB Member; Coun, Mackenzie T. Pio Jr., SB Member; Coun. Lison C. Latawan Jr., SB Member; Coun, Noel D. Bilibli, Liga ng mga Barangay President, SB Member, Coun, Romeo J. Pocding, IPM Representative, SB Member, Coun. Aljay K. Cuyahon, Pambayang Pederasyon ng mga Kabataan Barangay President, SB Member. ABSENT: NONE. ORDINANCE NO. 59, SERIES OF 2021 ORDINANCE AMENDING FIRECRACKER ITOGON MUNICIPAL ORDINANCE NO. 001, SERIES OF 1955, AND TO IMPOSE STIFFER REGULATION AND CONTROL ON THE MANUFACTURING, SELLING, DISTRIBUTION AND USE OF FIRECRACKERS AND OTHER PYROTECHNIC DEVICES IN THE MUNICIPALITY OF ITOGON DURING FESTIVITY OR FOR ANY OCCASIONS, AND PROVIDING PENALTIES FOR VIOLATION THEREO} ‘Sponsored by: Hon. Clint D. Galutan, Committee Chairperson on Tourism and Atty. Jodea Brendalyn R. Acay-Camuyot, Committee Chairperson on Public Safety, Laws, Rules & Privileges, and Human Rights EXPLANATORY NOTE On February 15, 1955, Municipal Ordinance No. 1, s. 1955 was enacted prohibiting the sale and explosion of big fireworks and firecrackers known as “bawang” atomic bomb, and “atomic bomb junior” and providing penalty for the violation of the provisions of the said ordinance, On January 30, 1992, Republic Act 7183 was enacted to regulate and contro! the manufacture, sale, distribution and use of firecrackers and other pyrotechnic devices consistence with, and in furtherance of, public safety, order and national security, as well as the enhancement of the cultural traditions. Pursuant to the foregoing Act, DILG-DOH-DOF-DTI Joint Memorandum Circular No. 01, Series of 2014 was issued to enjoin coordinative efforts between the DILG, PNP, BFP, DOH, DTI, DOF, Bureau of Customs and Local Government Units, on the regulation of the sale, manufacture, distribution and use of firecrackers, polyvinyl pipe “boga” and other pyrotechnic devices, and the adoption of advocacy campaigns and preventive measures from firecracker and firework injuries or death and damage to properties, during Christmas and New Year’s celebrations. In furtherance to the foregoing rationale and to intensify the promotion of public safety in the Municipality, itis then crucial to revise the above-cited ordinance and integrate new provisions for its firmer and effective implementation. E IT ORDAINED BY THE SANGGUNIANG vn OF ITOGON ze SESSION = to THAT: f 4 Ch eyLoe s. 2021 2 SECTION 1. TITLE. This Ordinance shall be known as the “Firecrackers and other Pyrotechnic Devices Control Regulatory Ordinance of the Municipality of Itogon”. SECTION 2. DECLARATION OF POLICY. Pursuant to the Constitutional principle that recognizes the protection of environment, life and property and the promotion of the general welfare as essential for the enjoyment of the blessing of democracy, itis hereby declared the policy of the Municipality of Itogon to ensure public safety, peace, order and security through the observance of the citizenry of responsible and ethical practices. SECTION 3. SCOPE AND APPLICATION. This ordinance shall apply to all individuals, business establishments and institutions in the territorial jurisdiction of the Municipality of Itogon. SECTION 4. PURPOSE. in furtherance of public health and safety, and environmental protection, it is the purpose of this Ordinance to: 4.1, Regulate the manufacture, sale, and distribution of any firecrackers and fireworks/pyrotechnic and such other similar devices within the territorial jurisdiction of the Municipality of Itogon; 4.2. Regulate the possession, use, and explosion of any firecrackers within the territorial jurisdiction of the Municipality of Itogon; 4.3. Regulate and control the possession, use, exploding, and display of fireworks / pyrotechnic devices in the Municipality of Itogon; and 4.4, Take into consideration the protection, safety and wellbeing of minors in as far as the handling of fireworks/pyrotechnie devices and other similar devices. SECTION 5. DEFINITION OF TERMS. For purposes of this Ordinance, the terms hereunder shall be understood as follows: 5.1. Explosives - refer to substances which are capable of rapid decomposition by releasing energy in the form of heat, light and sound, most often harmful to men, animals, properties and the environment. 52, Firecracker - refer to any device that explodes and/or emits a loud sound upon being ignited, wrapped in a heavy paper casing to contain the explosive compound. 5.3. Minors - refer to children below eighteen (18) years of age. 5.4, Fireworks / Pyrotechnic - devices as defined under Republic Act No. 7183 shall refer to those materials or devices capable of undergoing self-contained and self-sustained ‘exothermic chemical reactions for the production of heat, light, gas, smoke and/or sound. SECTION 6. ALLOWED TYPES OF FIRECRACKERS AND PYROTECHNIC DEVICES IN THIS ORDINANCE. In accordance to 2012 Revised Implementing Rules and Regulations governing the administration and enforcement of R.A. No. 7183, the types of firecrackers and pyrotechnic devices that may be manufactured, distributed, sold and used shall be the following: 6.1. Firecrackers i. Baby rocket ~a firecracker with a stick so constructed that lighting of the wick will propel the whole thing to lift a few meters before exploding. The firecracker is about 1 4 inches in length by 3/8 inch in diameter while the stick is about a foot in length; ii, Bawang — a firecracker larger than a triangulo with 1/3 teaspoon of powder packed in cardboard tied around with abaca strings and wrapped in shape of garlic; iii, Small triangulo —a firecracker shaped like a triangle with powder content less than the bawang and usually wrapped in brown paper measuring % inch length in its longest side; — PCM hoRY Seiv. Pulling of strings a firecracker consisting of a small tube about an inch in length and less than % of an inch in diameter with strings on each end. Pulling both strings will cause the firecracker to explode; v. Paper caps — a Minute amount of black powder spread in cither small strips of paper on a small sheet used for children’s toy guns; vi. El diablo - Firecrackers tubular in shape about 1 % inches in length and less than % inch in diameter with a wick; also known as labintador; vii. Sky rocket (kwitis) — a large version of a baby rocket designed to be propelled to a height of forty (40) to fifty (50) feet before exploding; viii, Other types equivalent to the foregoing in explosive content. 6.2. Pyrotechnic Devices i. Sparklers — Pyrotechnic devices usually make of black powder on a piece of wire or inside a paper tube designed to light up and a glow after igniting; ii, Luces — any of several kinds of sparklers; iii, Fountain — a kind of sparkler conical in shape which is lighted on the ground and : designed to provide various rising colors and intermittent lights upon being ignited; iv. Jumbo regular and special ~ a kind of sparkler similar to a “fountain” but bigger in size; v. Mabuhay — sparklers bunched into a bundle of a dozen pieces; i. Roman candle ~a sparkler similar to a “fountain” but shaped like a big candle; ii, Trompillo — a pyrotechnic device usually fastened at the center and designed to spin first clockwise and then counter-clockwise and provides various colored lights upon being ignited; Airwolf—a kind of sky rocket shaped like an airplane with a propeller to rise about forty (40) of fifty (50) feet and provide various kinds of light while alofi; ix. Whistle device — any of the various kinds of firecrackers or pyrotechnic designed to either simply emit a whistle-like sound or explode afterwards upon being ignited; x. Butterfly — Butterfly-shaped pyrotechnic device designed to lift above ground while providing light; All kinds of pyrotechnic devices; and Other types equivalent to the above cited devices. SECTION 7. PROHIBITED TYPES OF FIRECRACKER AND PYROTECHNIC DEVICES. The manufacture, sell, distribution and use of other types of firecrackers and pyrotechnic devices not mentioned under Section 6.1 and 6.2 of this Ordinance, of such explosive content that could endanger life and limb, such as the following firecrackers and pyrotechnic devices are strictly prohibited: . Tle Big Trianggulo and Super Lolo; 7.2. Goodbye Philippines and their equivalent; 73. Watusi because of its highly toxic contents (potassium nitrate, yellow phosphorous, potassium chlorate and trinitrotoluene); 7.4, Piccolo (sticks ignited by rubbing the phosphorus-tripped head on a specially designed striking surface similar to a regular match, and can explode even on wet surfaces or underwater due to is thick cardboard shell); a i Homemade Bamboo explosive “paputok” locally known as “bong-bong or canyon”; and Other types that are poisonous and when taken internally would cause death to the victim. Determination of such other types shall be based on appropriate laws such as but not limited to R.A. 9154 also known as the “Revised Fire Code of the Philippines” and — a yd C \M Cou~ GENO159, s. 2021 SECTION 8. LICENSE OR PERMIT REQUIREMENTS. pursuant to R.A. 7183, license or permit to manufacture, sell and distribute firecrackers and other pyrotechnic devices shall be granted for the manufacture, sale and distribution of firecrackers and other pyrotechnic devices enumerated in Section 6 of this Ordinance. However, license or permit shall not be granted for the manufacture, sell and distribution of firecrackers and other pyrotechnic devices mentioned in Section 7 of this Ordinance. Any person intends to manufacture, retail / sell, or distribute firecrackers and fireworks / pyrotechnic devices within the Municipality of Itogon shall file his application for the issuance of license or permit with the Chief PNP, through the Provincial Office of PNP-Benguet and secure Mayor's Permit from the Business Permit and Licensing Section (BPLS), this Municipality. Other rules and regulations relevant with the application for the issuance of license permit shalll be in accordance with the provisions of Republic Act No. 7183. SECTION 9. SAFETY GUIDELINES IN THE USE OF FIRECRACKERS AND PYROTECHNIC DEVICES IN THE MUNICIPALITY OF ITOGON. 9.1, ‘The use of firecrackers and/or pyrotechnic devices in the streets, alleys and anywhere near residential houses, gasoline stations, electrical and communication facilities and storages of flammable and combustible materials shall be prohibited; 9.2. The use of firecrackers and/or pyrotechnics devices during occasions like Christmas (December 24 and 25), New Year (December 31 and January 1), foundation day, festivals and other traditional celebrations that may be allowed by the Municipal Mayor shall only be allowed at places with a distance of fifty (50) meters away from residential houses, gasoline stations, electrical and communication facilities and storages of flammable and combustible materials; 9.3. Minors especially children are strictly prohibited to use firecrackers and pyrotechnic devices; 9.4, Every component Barangays and subdivisions of the Municipality shall designate a common area intended for firecrackers and pyrotechnics; and 9.5. Retailers and sellers are mandated to post signages warming minors and children not to buy and use firecrackers and pyrotechnics. SECTION 10. PROHIBITED ACTS. In pursuant to Republic Act No. 7183 and its Revised Implementing Rules and Regulations, the following acts are hereby prohibited: 10.1. Manufacturing, selling, and distribution of firecrackers and other pyrotechnic devices without necessary Manufacturer’s Permit and business permit obtained from Provincial Office of PNP-Benguet and LGU Itogon Mayor's Office; 10.2. Manufacturing of firecrackers and other pyrotechnic devices elsewhere within the Municipality of Itogon unless such area like “Manufacturing Zone” has been designated and incorporated under the Zoning Ordinance of the Municipality; 10.3. Transporting firecrackers and/or pyrotechnic materials within the Municipality without any Permit to transport obtained from Provincial Office of PNP-Benguet; 10.4. Supplying retailers without the necessary dealers permit obtained from Provincial Office of PNP-Benguet on the part of dealers and selling firecrackers and pyrotechnic devices to the public without the necessary retailers permit; 10.5. Storing, selling, dispensing and offering for sale any firecracker or pyrotechnic devices elsewhere unless within an area duly designated through the zoning ordinance of the Municipality; 10.6. Use and discharge or explode firecrackers and pyrotechnic devices under Section 6 of this Ordinance without any permit from PNP-IMPS or Mayor’s Office; 10.7. Use and discharge or explode firecrackers and pyrotechnic devices not included under Section 6 of this Ordinance within the territorial jurisdiction of the Municipality of Ttogon; and . Offering and selling firecrackers and pyrotechnic devices to min¢ oer ECM CONice NO. 59, s. 2021 SECTION 11. FINES AND PENALTIES. Violation of Section 9 and 10 of this Ordinance shall be fined and penalized as follows: 11.1. First Offense Confiscation of firecrackers and fireworks/pyrotechnic devices and a fine of One Thousand (Php1,000.00) pesos; Second Offense : Confiscation of firecrackers and fireworks / pyrotechnic devices and a fine of One thousand (Php1,500.00) pesos; Third & succeeding: Offenses: Confiscation of firecrackers and fireworks / pyrotechnic devices and a fine of One thousand five hundred (Php2,500.00) pesos; 11.2. If the violation is committed by a business establishment, corporation, company, institution, the owner, President or General Manager or the person acting in behalf of the President or General Manager shall be held liable, 11.3. In addition to the foregoing penalties, the business permit of the business establishment shall be cancelled by the Municipal Mayor upon the commission of the third offense. 11.4. In case of violation committed by minors, the parent/s or legal guardian/s of the minor shall be held liable. 115. NON 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 11.1, 11.2, 11.3, and 11.4 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 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. SECTION 12. ENFORCEMENT. The Local Chief Executive shall constitute a team composed of the PNP-Itogon Municipal Police Station Personnel; the Municipal Disaster Risk Reduction and Management Officer; the Bureau of Fire Protection-Itogon; Representative from Municipal Health Services Office; and the Barangay Peacekeeping Action Team of the Nine (9) Barangays to enforce the provisions of this Ordinance. SECTION 13. INFORMATION AND EDUCATION CAMPAIGN. The PNP-Itogon Municipal Police Station with the assistance of the Municipal Disaster Risk Reduction and Management Officer and Bureau of Fire Protection-Itogon in coordination with the nine (9) component barangays of the Municipality shall spearhead the information and education campaign on the provisions of this Ordinance. SECTION 14. IMPLEMENTING GUIDELINES. A supplemental Implementing guidelines of this Ordinance may be prepared through an Executive Order by the Local Chief Executive if needed. SECTION 15. AMENDATORY CLAUSE. Any new statute made and issuances, orders and directive issued by Higher Government authorities relative to this ordinance shall automatically amend parts or provisions of this ordinance which are inconsistent thereto. SECTION 16. REPEALING CLAUSE. Any ordinance, resolution or order and/or parts thereof contrary to or inconsistent with the provisions of this Ordinance is hereby repealed, modified, or amended accordingly. 4 i 2 C MM aSie, 8.2021 6 SECTION 17. SEPARABILITY CLAUSE. If, for any reason, any portion or provision of this Ordinance is declared unconstitutional or invalid by competent authorities, the other provisions hereof which are not affected thereby shall continue to be in full force and effect. SECTION 18. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of this municipality. ENACTED by the Sangguniang Bayan of Itogon in its Regular Session this 24% day of May 2021. TIGA Copforor, CLINT: UTAN Councilor rronoesigh nunc DEPAYSO Councilor} MA Bao Pederasyon ng mga Kabataan Barangay President CERTIFIED CORRECT AND DULY ADOPTED: Secr ATTESTED: ADRIANO R. CARANTES JR. Presiding Officer/Municipal Vice Mayor APPROVED: Oar den Opportunities Flower Manispal