Anti-littering ordinance revamped

The city council has moved for the amendment of the city’s 32-year-old anti-littering ordinance.

Authored by all council members, the amendatory ordinance is an overhaul of an old local law entitled “An Ordinance Penalizing Illegal Disposal of Refuse and Illegal Obstruction of Waterways and Dumping into Bodies of Water, Requiring Certain Persons, Institutions, and Establishments to Provide for Receptacles for Refuse, to Keep Surroundings Clean, and to Pick up Litters, Providing for Amnesty from Prosecution.”

The amendatory ordinance was approved on third and final reading during the council’s regular session on May 18, 2020 and was transmitted to the City Mayor’s Office for the signature of the chief executive.

The revision of the ordinance came after a consultation with the public on March 10, 2020 held by the Committee on Laws, Human Rights, and Justice chaired by Councilor Betty Lourdes Tabanda.

Under Section 1, it shall be unlawful for any individual to “spit or expectorate, discharge mucus from the nose, urinate, throw, dump, leave or scatter pieces of paper, peelings, cigarettes or tobacco buts, soil or any kind of refuse or garbage in public places, such as parks, streets, plazas, lagoons, lakes, brooks roads, canals, fences, walls, and inside public buildings or enclosures which are open to the public except in receptacles or containers provided for the purpose.”

With the amendment, the acts of defecating and vomiting in public places which now include markets are also prohibited.

The penal provision was also updated increasing the amounts of fines of erring
individuals. Anyone found violating Section 1 shall be meted a fine of P1,000.00 for
each violation or community service of 12 hours.

In the case of a person in authority or agent of a person in authority, the fine shall be P4,000.00 for each violation.

In the case of establishments, offices, transport companies, or other business entities, the fine shall be P5,000.00 for each violation.

The ordinance stipulates that the violator shall be responsible for cleaning or properly disposing the waste and restoring the cleanliness of the premises.

Section 2 prohibits the throwing or dumping of garbage, waste matter, refuse, urine, used oil, used paint, water used from painting, cleaning, and car washing, human waste, and other harmful substances, whether solid of liquid into canals, drainage and sewerage systems, curbs and gutters, creeks, rivers, tributaries, rivulets, and other natural waterways.

Illegally obstructing the flow of water, cause of elevation of river bed level, and bringing about alluvial formation shall likewise be penalized.

Any individual found violating Section 2 shall be fined P3, 000.00 for each violation. If the violator is a corporation or any artificial or judicial person, the president, manager, or any executive of the corporation shall be penalized with a fine of P5, 000.00 for each offense.

Section 3 mandates owners of buildings abutting on certain streets to place receptacles on the sidewalks or pavements to be used by the public for disposing their waste.

Sputum/expectoration must be wrapped with paper before its disposal. Owners of buildings or enclosures must provide receptacles inside the establishments.

The amended ordinance retains Section 5 which obliges every person in public places to pick up litter, garbage, or any debris near him.

The provision stipulates that neglecting or refusing to do so upon orders by a police officer or any deputized enforcer shall be penalized.

Section 6 prohibits anyone from removing, destroying, carting away, or mutilating garbage cans, drums, concrete garbage receptacles, or any kind of garbage receptacles placed in public places.

Violators of Sections 3, 5, and 6 shall be fined P1, 000.00 or community service of 12 hours for the first offense; and P3, 000 or community service for 36 hours for the second and subsequent offenses.

Under Section 4, owners of commercial and industrial establishments and owners/administrators of commercial and residential lots shall be obliged to keep their areas and surrounds as well as the abutting roads, drainage canals, curbs and gutters, alleys, other passageways, and their immediate premises clean.

Commercial and industrial establishments include hotels, restaurants, cinema houses, stores, transportation companies, universities, colleges, and schools and other similar institutions and/or establishments of any kind.

The original ordinance provides that inspection of the aforementioned establishments shall be done daily, not later than 9:00 AM by police officers, and/or persons especially deputized to ensure compliance.

Under the amendatory ordinance, the said establishments shall now be inspected anytime during regular business hours as recommended by the general services officer through the honorable city mayor.

Owners/administrators of establishments found violating Section 4 shall be fined P3, 000.00 for the first offense, P4, 000.00 and suspension of business permit for 30 days for the second offense, and P5, 000.00 and revocation of business permit for the third offense.

Jordan G. Habbiling/ABN

Amianan Balita Ngayon