Municipal Ordinance No. 35 Series of 2005 « Maribojoc Municipal Government
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9/7/2016 Municipal Ordinance No. 35 Series of 2005 « Maribojoc Municipal Government OFFICIAL WEBSITE OF THE MUNICIPALITY OF MARIBOJOC, BOHOL, PHILIPPINES Home | Maribojoc | Executive | Legislative | Barangay | Projects | Fiscal Matters | News | Tourism | Heritage Sites | Gallery | Guestbook | Contact Us Municipal Ordinance No. 01 Series of 2005 Municipal Ordinance No. 02 Series of 2005 Municipal Ordinance No. 03 Series of 2005 Municipal Ordinance No. 04 Series of 2005 Municipal Ordinance No. 04 Series of 2005 Municipal Ordinance No. 05 Series of 2005 Municipal Ordinance No. 06 Series of 2005 Municipal Ordinance No. 07 Series of 2005 Municipal Ordinance No. 08 Series of 2005 Municipal Ordinance No. 13 Series of 2005 Municipal Ordinance No. 14 Series of 2005 Municipal Ordinance No. 15 Series of 2005 Municipal Ordinance No. 18 Series of 2005 Municipal Ordinance No. 19 Series of 2005 Municipal Ordinance No. 20 Series of 2005 Municipal Ordinance No. 22 Series of 2005 Municipal Ordinance No. 24 Series of 2005 Municipal Ordinance No. 25 Series of 2005 Municipal Ordinance No. 27 Series of 2005 Municipal Ordinance No. 28 Series of 2005 Municipal Ordinance No. 30 Series of 2005 Municipal Ordinance No. 32 Series of 2005 Municipal Ordinance No. 35 Series of 2005 Municipal Ordinance No. 38 Series of 2005 Municipal Ordinance No. 39 Series of 2005 Municipal Ordinance No. 40 Series of 2005 Municipal Ordinance No. 43 Series of 2005 Municipal Ordinance No. 44 Series of 2005 Municipal Ordinance No. 46 Series of 2005 Municipal Ordinance No. 52 Series of 2005 Municipal Ordinance No. 35 Series of 2005 TRAFFIC, TRANSPORTATION AND COMMUNICATION CODE OF THE MUNICIPALITY OF MARIBOJOC Authored by: Kag. Cesar G. Campos Kag. Leoncio E. Reselosa http://www.maribojoc.gov.ph/municipal-ordinance-no-35-series-of-2005.html 1/21 9/7/2016 Municipal Ordinance No. 35 Series of 2005 « Maribojoc Municipal Government Sponsored by: MASS MOTION WHEREAS, there are urban areas in the Municipality of Maribojoc, that have started to experience a severe strain in its transport capacity; WHEREAS, the Local Government Code of 1991 mandates the local government unit to ensure the safety, the maintenance of peace and order and the preservation of the comfort and convenience of its inhabitants; WHEREAS, the Sangguniang Bayan recognized that the private sector can contribute significantly in the planning and implementation of traffic, transportation and communication management plans and programs in the Municipality of Maribojoc; NOW THEREFORE, the Sangguniang Bayan of Maribojoc, Bohol in session duly assembled; DO HEREBY ORDAIN, that: SECTION 1: Title.- This ordinance shall be known as the “ TRAFFIC, TRANSPORTATION AND COMMUNICATION CODE OF THE MUNICIPALITY OF MARIBOJOC”. Article I Scope and Definition of Terms SECTION 2: Scope of Code.- The provisions of this Code shall administer and control, as far as they apply, the operation of all motor vehicles in the Municipality of Maribojoc. SECTION 3: Definition of Terms.-. As used in this ordinance, the following terms and phrases shall mean as follows: 1. Motor Vehicle – shall mean any vehicle propelled by any power other than muscular power using the public highways. 2. Driver – shall mean any person duly licensed to mechanically operate a motor vehicle. 3. Owner – shall mean the legal owner of a motor vehicle, in whose name such vehicle is duly registered with the Land Transportation Office. 4. Highways – shall mean every public thoroughfare, public boulevard, driveway and avenue, but shall not include roadway upon grounds owned by private persons, colleges, universities or other similar institutions. -1- 5. Parking or Parked – shall mean that a motor vehicle which is brought to a stop on any side of a street with blinking lights on but without a driver or left unattended. 6. Public Road – includes national, provincial, municipal or barangay roads. 7. Sidewalk – refer to a narrow pathway at a side of a road intended for the use of pedestrian. 8. Lanes – refer to a narrow pathway or byway. 9. Pedestrian – means any person who is supposed to follow the crosswalk when crossing the highway avenue and municipal streets or walking on the sidewalk on the side by the highway. 10. Traffic – pedestrian, ridden or herded animals, vehicles, street cars and other conveyance either singly or together while using any street for purpose of travel. http://www.maribojoc.gov.ph/municipal-ordinance-no-35-series-of-2005.html 2/21 9/7/2016 Municipal Ordinance No. 35 Series of 2005 « Maribojoc Municipal Government 11. Traffic Control Devices – shall mean all signs, signals, pavement markings, traffic cones placed or erected by authority of the municipal council or officials having jurisdiction for the purpose of regulating warning or guiding traffic. 12. Center Line – shall mean a continuous or broken line marked upon the surface of a roadway by paint or other control devices to indicate such portions of the roadway allocated to traffic proceeding in the two opposite directions. 13. Mark Crosswalk Article II Administration SECTION 4: Municipal Traffic Management Board.- a. Creation – there is hereby created a Municipal Traffic Management Board and shall be known and referred to as MTMB. b. Composition of the Board – the board shall be composed of the following: 1. Municipal Mayor – Chairman 2. PNP Chief – Vice Chairman 3. SB Chairman, Committee on Public Orders and Safety 4. Municipal Planning and Development Officer 5. SB Chairman, Committee on Barangay Affairs 6. Municipal Engineer 7. Representation from NGO 8. Representative from Maribojoc Public Market Vendor’s Association 9. Representative from Maribojoc Jeepney/Bus Drivers and Operators Association. 10. Representative from Maribojoc Tricycle Drivers and Operators Association. 11. Representative from Maribojoc Motorcycle Associations. c. Functions and Duties of the Municipal Traffic Management Board: 1. Conduct periodic review on the efficiency and effectiveness of the implementation of the Municipal Traffic Code. -2- 2. Formulates traffic management schemes to educate road users in the comprehension, observance, and use of traffic signs, signal devices and controls; to provide infrastructure support to create a safe municipal road network; and enforce traffic laws in order to maintain road user discipline in the municipality. 3. Evaluates the effectiveness of the traffic management schemes being implemented by the municipal government. 4. Recommends to the Sangguniang Bayan in the drafting of new laws and ordinances regarding traffic management. 5. Performs such other functions as may be necessary to ensure the effective planning and implementation of traffic management schemes. SECTION 5: The PNP and Other Members of the Police Department.- a. The PNP is hereby given the authority and the primary responsibility and duty to enforce the provisions of this Code and all the national vehicle laws applicable to street traffic in the municipality of Maribojoc. b. Officers and members of the police department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance with the provisions of this Code; Provided, however, in the event of fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions herein. http://www.maribojoc.gov.ph/municipal-ordinance-no-35-series-of-2005.html 3/21 9/7/2016 Municipal Ordinance No. 35 Series of 2005 « Maribojoc Municipal Government c. Officers and members of the police department are hereby authorized to display portable signs within certain intersection forbidding vehicle drivers to perform specific maneuvers. Said portable signs shall only be displayed at a specified intersection during times of emergency or traffic congestion when in the opinion of the Chief of Police such restrictions are necessary to expedite the movement of traffic. SECTION 6: Maribojoc Traffic Aides.- a. Creation – there is hereby created the team of Maribojoc Traffic Aides to be known as the Maribojoc Traffic Enforcers which shall be deputized by the Municipal Mayor to assist specifically in the implementation of all traffic rules and regulations. b. Supervision – the Maribojoc Traffic Aides shall be under the supervision of the PNP and shall report on duty when called by the PNP. c. Qualifications – a traffic aide shall be a civilian volunteer officer, physically and psychologically fir, of good moral character, 20 to 45 years of age, at least 5’4” tall, at least a high school graduate, a natural born Filipino, and a resident of the municipality of Maribojoc. d. Screening Committee – the applicant for traffic aide must present himself personally to the Municipal Mayor before he shall be allowed to undergo screening by the Municipal Traffic Management Board (MTMB). e. Uniforms – the traffic aides shall be provided with appropriate uniforms, equipment, and other devices to ensure efficiency in the fulfillment of their duties and responsibilities in the service. -3- f. Authority to Issue Citation Tickets – in the enforcement of traffic rules and regulations, the traffic aides shall be authorized to issue citation tickets for traffic violators. In addition thereto, they will assist in the implementation of anti- littering, anti-car washing and repair and other existing ordinances and laws whose violations take place in the streets and other public places. g. Remuneration – the traffic aide shall receive an honorarium of P15.00 per hour when called on duty to assist in the implementation of all traffic rules and regulations. Article III Operation of Motor Vehicles SECTION 7: License to Drive Motor Vehicles.- a. No person shall operate any motor vehicle without having in his possession a valid license to drive a motor vehicle. b. Penalty – 1. Failure to carry a driver’s license while driving, Two Hundred Pesos (P200.00) 2. Driving a vehicle with a delinquent or invalid driver’s license, Two Hundred Fifty Pesos (250.00) 3. Driving a motor vehicle without first securing a driver’s license, Five Hundred Pesos (P500.00) Article IV Accessories of Motor Vehicles SECTION 8: Headlights.- a.