[ QUEZON CITY ORDINANCE NO. SP-2448, S-2015, November 04, 2015 ]
73th Regular Session
AN ORDINANCE REGULATING THE SALE OF OXALIC ACID AND PROVIDING PENALTIES THEREOF.
Introduced by Councilor DOROTHY A. DELARMENTE.
Co-Introduced by Councilors Anthony Peter D. Crisologo, Lena Marie P. Juico, Victor V. Ferrer, Jr., Alexis R. Herrera, Precious Hipolito Castelo, Voltaire Godofredo L. Liban III, Roderick M. Paulate, Ranulfo Z. Ludovica, Estrella C. Valmocina, Allan Benedict S. Reyes, Gian Carlo G. Sotto, Franz S. Pumaren, Eufemio C. Lagumbay, Jose Mario Don S. De Leon, Jaime F. Borres, Jesus Manuel C. Suntay, Marvin C. Rillo, Vincent DG. Belmonte, Raquel S. Mala gen, Jessica Castelo Daza, Bayani V. Hipol, Jose A. Visaya, Julienne Alyson Rae V. Medalla, Godofredo T. Liban II, Andres Jose G. Yllana, Jr., Allan Butch T. Francisco, Karl Edgar C. Castelo, Candy A. Medina, Diorella Maria G. Sotto, Mamie Co-Pilar, Rogelio "Roger" P. Juan, Melencio "Bobby" T. Castelo, Jr., Donato C. Matias and Ricardo B. Corpuz.
WHEREAS, the Philippine Constitution grants the State inherent police power where all local government units derive regulatory authority for the common good;
WHEREAS, to Section 16 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, provides that, "within their respective jurisdictions, local governments unit/s shall ensure and support, among other things, xxx promote health and safety, xxx and preserve the comfort and convenience of the inhabitants";
WHEREAS, it is the declared policy of the State to promote the preservation, protection and revival of our ecosystem through the prevention, control and abatement of any pollutants in our environment;
WHEREAS, oxalic acid is sold in retail outlets and the improper use thereof poses danger to the health and safety of the community at large with countless incidents of deaths. Hence, there is an urgent need to regulate the sale of oxalic acid in retail outlets.
BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED:
SECTION 1. This Ordinance is entitled - "AN ORDINANCE REGULATING THE SALE OF OXALIC ACID IN ALL BUSINESS ESTABLISHMENTS".
SECTION 2. PROHIBITION OF SELLING OXALIC ACID - All sari-sari stores, market vendors, sidewalk vendors, and other establishments located within the territorial jurisdiction of Quezon City are prohibited from selling oxalic acid except in authorized retail outlets or business establishments.
SECTION 3. REGULATION OF SALE OF OXALIC ACID - All commercial establishments within the territorial jurisdiction of Quezon City which are authorized to sell oxalic acid are hereby mandated to maintain a registry of names and addresses and the purchaser must present valid Identification Card. The Chief of the Business Permit and Licensing Office or his representatives are hereby granted visitorial power over all establishments engaged in selling oxalic acid to ensure the implernentation of this Ordinance.
SECTION 4. PENALTIES
| a). | Any person found guilty for violation of any of the provisions of this Ordinance shall be penalized either by imprisonment of not less than one (1) month but not more than three (3) months or a fine of not less than Five Thousand Pesos (P5.000.00) or both at the discretion of the Court; | |
| b). | In addition, If the violator Is a business entity registered with the City Government of Quezon City, the business permit of the said entity shall automatically be cancelled. |
SECTION 5. SEPARABILITY CLAUSE - If for any reason, any provision, section, or part of this Ordinance is declared not valid by a court of competent jurisdiction, such judgment shall not affect or impair the remaining provisions, sections, or parts hereof which shall continue to be in force and effect.
SECTION S. REPEALING CLAUSE - All ordinances, rules and regulations, or parts thereof, in conflict with, or inconsistent with any of the provisions of this Ordinance are hereby repealed, or amended accordingly.
SECTION 7. EFFECTIVITY - This Ordinance shall take effect immediately upon its approval.
ENACTED: September 21, 2015.
| (Sgd.) MA. JOSEFINA G. BELMONTE Vice Mayor Presiding Officer |
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| ATTESTED: | |
| (Sgd.) Atty. JOHN THOMAS S. ALFEROS III City Gov't Asst. Dept. Head III |
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| APPROVED : 04 NOV 2015 | |
| (Sgd.) HERBERT M. BAUTISTA City Mayor |
This is to certify that this Ordinance was APPROVED by the City Council on Second Reading on September 21, 2015 and was PASSED on Third/Final Reading on September 28, 2015.
| (Sgd.) Atty. JOHN THOMAS S. ALFEROS III City Gov't Asst. Dept. Head III |