Republic of the Philippines City of Hoilo OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 12TH REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, NEW CITY HALL BUILDING, PLAZA LIBERTAD, ILOILO CITY, ON TUESDAY, APRIL 08, 2014 PRESENT: HON. JOSE S. ESPINOSA II City Vice Mayor & Presiding Officer HON. LYNDON V. ACAP Member HON. RODEL F. AGADO Member HON. JOSHUA C. ALIM, Floor Leader Member HON. LADY JULIE GRACE L. BARONDA. Member HON. R LEONE N. GEROCHI Member HON. JASON R. GONZALES ‘Member HON. CARLOS P. GUARIN, Liga ng mga Bray. Pres, Ex Officio Member HON, PLARIDEL C. NAVA II, Asst. Floor Leader Member HON. ARMAND S. PARCON Member HON. EDUARDO L, PENAREDONDO Member HON. LIEZL JOY ZULUETA-SALAZAR, Temp Presiding Officer ‘Member HON. JOSE EFRAIN G. TRENAS IIT Member HON. NIELEX C. TUPAS Member ABSENT. None se pen w REGULATION ORDINANCE NO. 2014-193 {Ny ye AN ORDINANCE REQUIRING GOVERNMENT AND NON-GOVERNMENT ‘{fo)” BUILDINGS WITH EXISTING PARKING SPACES TO PROVIDE A SAFE BICYCLE PARKING ZONE Sponsored by Councilor Jose Efrain G. Trefias III, co-sponsored by Councilors Joshua C. Alim, Jason R. Gonzales and Liezi Joy Zulueta- Salazar, duly seconded by Councilors Nielex C. Tupas and Lyndon V. ‘Acap WHEREAS, there is a need to promote the use of non-motorized transportation, especially biking, as an alternative healthy and environmentally-sound mode of transportation. WHEREAS, the use of bicycles has been steadily rising as an alternative mode oftransportation because of the increasing prices of oil and petroleum products for motorized vehicles. WHEREAS, scholarly research has shown that a 1% increase in the number of commuters choosing to cycle decreases traffic congestion by approximately 15%, which is a large amount of traffic relief for minimal investment compared to the cost of building more roadsReg, Ord. No. 2014-193, Apr. 08, 2013 Page 2 WHEREAS, the same research has shown that encouraging bicycle commuting through the presence of facilities like secure bicycle racks leads to lower carbon emissions and air pollution and consequently, better health for the residents in the concerned areas. WHEREAS, cyclists have cited the importance of installing secure bicycle racks in government and non-government establishments as a necessary precondition for the increase in bicycle commuting all over the city. WHEREAS, consistent with Constitutional Provisions and with that of RA 7160, otherwise known as the Local Government Code of 1991, specifically Section 16 (General Welfare Clause), the City Government has given the health of its constituents, its topmost priority and concern; WHEREAS, ‘Section 458 (a) (4) of the Local Government Code of 1991 provides that “the Sanguniang Panlungsod shall regulate activities relative to the use of land, buildings and structures within the city in order to promote the general welfare” NOW THEREFORE:be it ordained by the Sangguniang Panlungsod of the City of Tloilo, that: ART. 1. TITLE. This ordinance shall be known as“AN ORDINANCE REQUIRING GOVERNMENT AND NON-GOVERNMENT BUILDINGS AND ESTABLISHMENTS WITH EXISTING PARKING SPACES TO PROVIDE A SAFE BICYCLE PARKING ZONE” ART. 2, DECLARATION OF POLICY - Section 1. The Government of the City of Hoilo shall require buildings owners and establishment owners with existing parking spaces to allot a portion thereof as parking space for bicycles and install bike racks for their employees, customers, clients, visitors or guests, wherein such area must be safe and secure; ART. 3, PURPOSES - a. To encourage and promote the use of bicycles for daily commuting to work or school, or simply for leisure b. To promote Hloilo City as a bike-friendly city; ©. To protect bicycle owners from theft and not discourage them from using bicycles when travelling within Hoilo City ART. 4. DEFINITION OF TERMS a. Bicycle - a non-motorized vehicle propelled solely by human power through the use of pedals and steered by handlebars attached to the front wheel; it possesses two wheels held in a frame one behind the other, This is usually maneuvered by a person either riding solo or in tandem:this excludes three (3) or four (4) wheeled human powered vehicles, scooters, tricycles for children and similar devices; b. Building owners- registered owmer/s, or in their absence, the caretaker or authorized representative, of the Government or Non-Government Buildings or Establishments ¢. Government or Non-Government Buildings- Buildings owned by a person, whether natural or juridical person/s, national or local government organization or agency, whether Personally utilized or rented out to an individual, group or corporation for public service or other business catering to the public; 4. Establishments- a business organization catering to the public or group of private individuals, which includes, schools, supermarkets, banks, hospitals, restaurants;201 193, Apr. 08, 2013 Page 3 ¢. Parking space -an area provided by the building owner/s or by the establishment where motorized vehicles can be left or stationed; £ Motorized vehicles- any vehicle that possesses a motorized engine that runs on electricity or any petroleum product, or any combination of both. g. Safe bicycle parking zone- an area provided by the building or establishment owner/s which is secure or near security personnel of the building with bicycle racks ‘h. Bicycle racks ~ a device or storage unit, made of steel, aluminum, or any sturdy material, to which bicycles can be attached and secured, ART. 5. REGULATORY PROVISIONS - Section 1 ~ All building owner/s, whose buildings are rented to government or non-government. offices or to any establishments offering or catering service to the public or group of private individuals, who have parking spaces for motorized vehicles, must allot a portion of its parking space for a safe bicycle parking zone; Buildings without parking spaces are not covered by this ordinance. Section 2 - A bicycle parking zone must be duly named and marked as such and be placed in a secure and safe area or near the security personnel. The allotted area for bicycle parking zone will depend on the presence of an existing parking space. Also, bicycle parking zones are not necessarily required to be within the parking area. Section 3 - Bicycle racks must be provided by the building owner/s and they must be made out of sturdy metal or aluminum and duly cemented on, or securely attached to the pavement, The construction and designation of the said bicycle racks must be approved by the City Engineer's Office; Section 4 - Bicycle owners must provide their own locks to secure their own bicycles when parked on the bicycle racks; In case of theft, loss or damage to bicycles within the premises of the establishments, the provisions of law in the Civil Code on Torts and Damages shall apply. Section 5. - The compliance period for this ordinance are as follows: 4) For existing buildings prior to the approval of this ordinance: a.1) Ninety (90) days after the effectivity of this ordinance. b) For new buildings: b.1) Upon application for a building permit and issuance of occupancy permit. ART. 6. PENALTIES~- Building owners who shall not comply with the provisions of this ordinance shall, after due process, be penalized as follows: First Offense Notice of Warning and within one month must comply by by providing bicycle racks Second Offense _Fine of P3,000.00; with another inspection within 1 month. Third Offense Fine of P5,000.00 and revocation of Real Estate Lessor Permit. ART. 7. SEPARABILITY CLAUSE - In the event that any provision of this ordinance is declared invalid, the other provisions not affected thereby shall remain in effect.Reg. Ord. No, 2074193, Apr, 08, 2013 Page 4 ART. 8 REPEALING CLAUSE - All local laws, rules and regulations which are inconsistent with this ordinance are herby repealed or modified accordingly. ART. 9, EFFECTIVITY CLAUSE - This ordinance shall take effect thirty (30) days from publication in a local newspaper of general circulation. ENACTED, April 08, 2014. Thereby certify to the correctness of the above quoted ordinance. ATTESTED AND CERTIFIED TO BE DULY ADOPTED. APPROVED: nats