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Malaya (June 02, 2015)

[ VALENZUELA CITY ORDINANCE NO. 202 SERIES OF 2015, May 04, 2015 ]

SANGGUNIANG PANLUNGSOD

** Excerpts from the Minutes of the 75th Regular Session of the 6th City Council of Valenzuela held on May 04, 2015 at 2:32 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metropolitan Manila

AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A REGULATED PARKING SYSTEM FOR TRUCKS AND THE LIKES WITHIN VALENZUELA CITY, IMPOSING PENALTIES AND AUTHORIZING THE USE OF WHEEL CLAMPS FOR VIOLATION THEREOF AND FOR OTHER PURPOSES.




Authored by: Coun. KRISTIAN ROME T. SY, Coun. LORENA NATIVIDAD-BORJA, Coun. ANTONIO R. ESPIRITU, Coun. LAILANIE P. NOLASCO, Coun. ROVIN ANDREW M. FELICIANO, Coun. CORAZON A. CORTEZ, Coun. KIMBERLY ANN D.V. GALANG, Coun. CRISSHA M. PINEDA, Coun. MARLON PAULO C. ALEJANDRINO, Coun. JENNIFER PINGREE-ESPLANA, and Coun. RAMON L. ENCARNACION.

WHEREAS,
pursuant to Republic Act No. 7160, otherwise known as the "Local Government Code of 1991", the City Council of Valenzuela is empowered to designate and regulate the use of public places/facilities for the benefit and welfare of the general public;

WHEREAS, indiscriminate parking along the roads in the City causes obstruction of the right of way and has contributed immensely to the heavy flow of traffic;

WHEREAS, in order to curb said obstruction and to improve flow of traffic, thus ensuring public safety and welfare, there is a need to enact an ordinance that would regulate parking, prohibit indiscriminate parking and penalize would be violators;

NOW, THEREFORE, be it ORDAINED by the Sangguniang Panlungsod of Valenzuela City in a session duly assembled that:

SECTION 1. TITLE - This Ordinance shall be known as, "THE WHEEL CLAMP ORDINANCE FOR TRUCKS AND THE LIKES."

SECTION 2. DEFINITION. For purposes of this section, trucks shall be construed to mean;

a.) Vehicles with Gross Capacity Weight of more than Four Thousand Five Hundred (4,500) Kilograms.
b.) Vehicles with more than four (4) wheels and
c.) Vehicles with description similar to a truck.
d.) All other vehicles analogous to those above-mentioned.

SECTION 3. PARKING PROHIBITED IN SPECIFIED PLACES. - No driver shall park a vehicle or permit it to remain idly parked, whether attended or unattended within Valenzuela City or in any of the following places:

a.) Within an intersection.
b.) On a crosswalk.
c.) Within six meters of the intersection of curb lines.
d.) Within four meters of the driveway entrance to and fire station.
e.) Within four meters of a fire hydrant.
f.) In front of a private driveway.
g.) On the roadway side of any vehicle stopped or parked at the curb or edge of the highway.
h.) At any place where official signs have been erected prohibiting parking.
i.) Or any other places specified or prohibited for parking.

SECTION 4. AUTHORITY TO USE WHEEL CLAMPS. - The use of wheel clamps or tire locks to immobilize illegally parked and unattended vehicles in the specified areas in violation of this Ordinance is hereby authorized: Provided, that wheel clamps or tire locks shall be used on illegally parked trucks and the likes: Provided further, all other vehicles illegally parked shall be towed by the Traffic Management Division whether attended or unattended vehicles in the specified areas in violation of this Ordinance is hereby authorized.

SECTION 5. INSTALLATION OF WHEEL CLAMPS. - The wheel clamp or tire lock is a metal gadget or immobilizing device duly registered, authorized and bearing the seal of the City of Valenzuela that is placed on the left portion of the right tire of the trucks and the likes and shall be installed only by authorized personnel of Valenzuela City upon prior orders by the City Mayor or his duly authorized officer.

SECTION 6. WAIVER OF DAMAGES. -The City Government shall not be held responsible for any damage to the vehicle caused by any movement or attempted movement of the vehicle by the owner/driver while the wheel is clamped. A notice of immobilization shall be placed on the driver's side windshield of the trucks and the likes.

SECTION 7. PAYMENT OF ADMINISTRATIVE PENALTY. - Prior to the release/ removal of the said clamping device, the owner/driver shall be liable to pay an administrative penalty of Five Thousand Pesos (P5,000.00). For purposes of implementation of this Section, the Office of the City Treasurer shall designate and assign an Accountable Officer to receive and collect payments of Administrative Penalty during weekends and holidays.

The owner/driver of the clamped vehicle shall be given a maximum period of twenty four (24) hours within which to settle the administrative penalty. Otherwise, the said truck and the likes shall be towed and impounded in the City External Services Office impounding area.

The payment of administrative penalty is without prejudice to the filing of civil/criminal case in court.

SECTION 8. REMOVAL OF WHEEL CLAMP. - It shall be unlawful or illegal to remove or attempt to remove or destroy the wheel clamp. Any attempt to remove, removal and/or destruction of the wheel clamp shall subject the offender to a fine of Five Thousand Pesos (P5.000.00) or One (1) Month Imprisonment or both, at the discretion of the court.

SECTION 9. EXEMPTIONS. -Any exemption from the application of this Ordinance affecting vehicles or any other cited public vehicles herein which shall be specified in the Implementing Rules and Regulations of this Ordinance.

Further, the application of this Ordinance shall be suspended in any of the following circumstances:

a.) Any religious activities.
b.) Cultural and Traditional activities
c.) Legal Holidays
d.) Special and Public Holidays as declared by the Office of the President.

SECTION 10. IMPLEMENTING AGENCY. - The Traffic Management Office (TMO) of the City of Valenzuela is hereby charged and directed to carry out the provisions of this Ordinance efficiently and effectively

SECTION 11. IMPLEMENTING RULES. - While this Ordinance and the provisions hereof are already operative upon the Ordinance's effectivity, the City Mayor, through the Traffic Management Office (TMO), may issue the appropriate and relevant rules and regulation for the proper implementation of this Ordinance or its provisions.

SECTION 12. SEPARABILITY. - If any provision of this Ordinance be declared unconstitutional or illegal by the courts, the provisions not affected by such declaration shall remain to be in full force and effect.

SECTION 13. EFFECTIVITY. - This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

ENACTED.
MAY 04, 2015.
VALENZUELA CITY, METROPOLITAN MANILA.


HON. ROSALIE ESTEBAN-CAYCO
Councilor
Minority Floor
   
   
HON. MARCELINO G. MORELOS
Councilor
(Sgd.) HON. ANTONIO R. ESPIRITU
Councilor
Asst. Majority Floor Leader
   
   
(Sgd.) HON. ROVIN ANDREW M. FELICIANO
Councilor
(Sgd.) HON. LAILANIE P. NOLASCO
Councilor
   
   
(Sgd.) HON. CORAZON A. CORTEZ
Councilor
(Sgd.) HON. KIMBERLY ANN D.V. GALANG
Councilor
   
   
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO
Councilor
(Sgd.) HON. CRISSHA M. PINEDA
Councilor
   
   
(Sgd.) HON. JENNIFER PINGREE-ESPLANA
Councilor
(Sgd.) HON. KRISTIAN ROME T. SY
Councilor
   
   
(Sgd.) HON. RAMON L. ENCARNACION
Councilor
(President League of Barangays)
 
  ATTESTED:
   
 
(Sgd.) FLAVIO C. DIAZ
Secretary
   
   
CERTIFIED CORRECT:
 
 
(Sgd.) HON. LORENA NATIVIDAD-BORJA
Councilor
Temporary Presiding Officer
 
 
(Sgd.) HON. ERIC M. MARTINEZ
City Vice Mayor
 
 
APPROVED:
 
 
(Sgd.) HON. REXLON T. GATCHALIAN
City Mayor
Date Signed: _______________
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