[ SAN JUAN CITY ORDINANCE NO. 71 Series of 2014, September 22, 2014 ]

OFFICE OF THE SANGGUNIANG PANLUNGSOD

ORDINANCE FURTHER AMENDING THE PENAL PROVISIONS OF ORDINANCE NO. 107, SERIES OF 1993, AS AMENDED BY ORDINANCE NO. 19, SERIES OF 2003




Sponsored by:
The Committee on Public Works, Transportation and Communication
and Information Technology (Councilors Ferdinand A. Velasco,
Rolando M. Bernardo and Michael Cristopher R. Mathay)


WHEREAS, Ordinance No. 107, Series of 1993, regulates the franchising and operation of all motorized tricycles operating within the territorial jurisdiction of the City of San Juan:

WHEREAS. the penal provisions of the aforesaid Ordinance was amended by Ordinance No. 19, Series of 2003;

WHEREAS, the penal provisions concerning violations of the said ordinance is one of the main causes of the proliferation of "colorum'' or tricycles without franchise to the detriment of public order and safety;

WHEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod of the City of San Juan, in session duly assembled that:

Section 1. Section 16 (Penal Provisions) of Municipal Ordinance No. 107, of 1993, as further amended by Ordinance No. 19, Series of 2003. shall now read as follows:

"Any motorized tricycle unit operated in the streets of the City of San Juan in violation of Municipal Ordinance No. 107, Series of 1993, as amended by Ordinance No. 19, Series of 2003, shall be deemed as "colorum" or "unit without legal francise" and the registered owner or operator and the driver shall be jointly and solidarily liable to the following fines and penalties:

"a.) 1st Offense - P2,500.00 plus detachment of sidecar, impounding of motorcycle and sidecar, and impounding fee of P50.00 per day.

"b.) 2nd Offense - P3,500.00 plus detachment of sidecar, impounding of motorcycle and sidecar, and impounding fee of P50.00 per day.

"c.) 3rd Offense - P5,000.00 fine or imprisonment or both depending upon icretion of the Court.

"Any contest on the apprehension for violation of this Ordinance shall be resolved by the Adjudication Board created under Article XXII (a), second paragraph of the Traffic Management Code of the City of San Juan (Municipal Ordinance No. 37, Series of 2004)"

Section 2. All other provisions of Municipal Ordinance No. 107, Series of 1993 and Ordinance No. 19, Series of 2003, which are not affected by this amendatory ordinance shall remain in full force and effect.

Section 3. Effectivity. - This Ordinance shall take effect fifteen (15) days from approval and publication in newspaper of general circulation.

(Sgd.) ALLEN CHRISTOPHER M. SILVANO
City Councilor
(Sgd.) ARTHUR ALFREDO E. AQUINO
City Councilor
   
(Sgd.) JANELLA EJERCITA ESTRADA
City Councilor
(Sgd.) WILLIAM C. GO
City Councilor
   
(Sgd.) MICHAEL CRISTOPHER R. MATHAY
City Councilor
(Sgd.) MARIE O'NEAL S. MENDOZA
City Councilor
   
(Sgd.) RICHARD F. PERALTA
City Councilor
(Sgd.) FERDINAND A. VELASCO
City Councilor
   
(Sgd.) JOSE WARREN P. VILLA
City Councilor
(Sgd.) EDGARDO V. SORIANO
Sergeat-at-Arms
City Councilor
   
(Sgd.) LEONARO G. CELES
Asst. Majority Floor Leader
City Councilor
(Sgd.) EDGARDO V. SORIANO
Majority Floor Leader
City Councilor
   
(Sgd.) ROLANDO M. BERNARDO
President Pro-Tempore
City Councilor
 
I HEREBY CERTIFY THAT THIS ORDINANCE
HAS BEEN DULY APPROVED BY THE
SANGGUNIANG PANLUNGSOD ON SEPTEMBER 22, 2014.
   
(Sgd.) AIDA A. ROCERO
Local Legislative Staff Officer V
   
ATTESTED:
   
(Sgd.) FRANCISCO JAVIER M. ZAMORA
Presiding Officer
City Vice-Mayor
   
APPROVED:  
   
(Sgd.) GUIA G. GOMEZ
City Mayor