Ordinance No. 019-2011 (Smoke Free Ordinance) PDF
Ordinance No. 019-2011 (Smoke Free Ordinance) PDF
Ordinance No. 019-2011 (Smoke Free Ordinance) PDF
Province of Albay
CITY QF TAtsACO
Present:
Hon. Reynaldo B. Bragais City Vice-Mayor & Presiding Offrcer.
Hon. Luis Renir B. Burce Member,
Hon. Sheina Marie C. Onrubia Member,
Hon. Oscar R. Rocha Member,
Hon. Lourdes Belangel Berces Member.
Hon. Ronnel Rocha Borromeo Temporary Chairman & Member,
Hon. Noel L. Que Member,
Hon. Leona P. Martirez Member,
Hon. Alfredo C. Adalla, Sr. Member,
Hon. Karen C. Matza Member, &
Hon. Leticia B. Saba (Pres., LMB) Member.
On Official Business:
Hon. Nestor T. San Pablo Member
Late:
Hon. John Gio Ong Bongao (Pres., SKCF) Member
Absent:
NONE
Section 1. Title - This Ordinance shall be known as "THE SMOKE FREE ORDINANCE
OF TABACO CITY''
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Republic of the Philippines
Province of Albay
CITY OF TABACO
Section 2. Purpose - It is the purpose of this Ordinance to safeguard public health and
ensure the rvell being of all its constituents by protecting them from the harmful effects of
smoking and tobacco consumption.
Section 3. Coverage - This Ordinance shall apply to all persons, whether natural or
juridical, u,hether resident or not, and in all places. found the territorial jurisdiction of Tabaco
Cifv.
Section 4. Definition of Terms - As used in this Ordinancs, the terms below shall have
the meanings ascribed to them in this section. Any words or terms not defined shall be given their
plain and customary meanings, unless the context requires otherwise, and shall be interpreted in a
manner consistent with the purpose and spirit of this Ordinance.
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Republic of the PhilipPines
Province of Albay
CTTV OF TABACO
o Within the buildings and premises of public and private hospitals. medical,
dental and optical clinics, health centers, nursing homes. dispensaries and
laboratories.
. Public conveyances and public facilities including airport and ship terminals
and train and bus stations, restaurants and conference halls, except for
separate smoking areas.
. Food preparation areas. Food preparation areas shall include areas rvhere
food or beverage is actually manufactured or prepared. \
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Second-Hand Smoke means the smoke cmitted from the burning end of a cigarette
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or from other tobacco products usually in cornbination with the smoke exhaled bv the
smoker.
Smoking means being in possession or control of a lit tobacco product regardless of
whether the smoke is being actively inhaled or exhaled.
l. Tobacco Products means product entirell,'or partly made of the leaf tobacco as raw (
material which are manufactures to be used for smoking, sucking, chewing or
snuffing, such as cigarettes and cigars.
m. Workplace means any place used by people during their emplo)'ment or work, (frr,/
u,hether done for
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Republic of the Philippines
Province of Albay
CITY OF TABACO
places commonly used by the workers in the course of their rvork (for example,
corridors, elevators, stainvells. toilets, lobbies, lounges). Vehicles used in the course
of work are considered workplaces.
Section 5. Prohibited Acts. The following acts are declared unlawfirl and prohibited by
this Ordinance.
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w The person in-charge shall be held similarly liable for the above acts if they are found to
have allowed, abetted or tolerated the same.
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Duties and Obligations of Persons-in-Charge. Persons in charge shall:
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Republic of the Philippines
Province of AIbay
CTTV OF TABACCI
least, a 'No Smoking" sign must be posted at the entrance to the area. The ..No
Smoking" sign shall be at least 8x16 inches in size and the international No Smoking
s),mbol shall occupy no less thanT0To of the signage's. the remaining lower 30o% of
the signage's shall show the following information:
Remove from the places where smoking is prohibited all ashtrays and any other
receptacles for disposing of cigarette refuse.
d. Establish internal procedure and measures through which this ordinance shall be
implemented and refused rvithin the area of u,hich he or she is in charge, including,
but not limited to, warning violators and requesting them to stop smoking, and if they \ t
to comply, asking them to t
refuse leave the premises, and if they still refuse to
comply, reporting the incidents to the City Health Officer and the nearest peace
officer. \
Ensure that all the employees in the establishment are aware of this Ordinance and
g.
establishment during regular business hours
compliance with this Ordinance.
For all signage's r
for the purpose of inspecting
In ex'treme cases, may provide an outdoor smoking area provided that the following
guidelines, annual fees and application requirements shall have been evaluated and
complied:
l. Filing fee of Php 500.00 to be paid upon filing of the application.
2. Inspection fee of Php l-000.00 to be paid pnor to inspection.
3. Processing fee of Php 1,000.00 to be paid upon approval of the application and
release of pertinent documents such as the Certificate of Inspection of Building
Officials and Certificate of Approval rvith the Citv Health Officer of the
designated smoking area.
The smoking area shall not be located in entrances, exits or close to any place
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Only applications with the following complete requirements shall be
evaluated:
1. Proposed location of the smoking area;
2. Barangay clearance;
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3. Business permit.
Section 7. Personal Liable. The following persons shall be liable under this Ordinance:
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a. Any person or entity
hereof. If-the offi lSa
its any of the prohibited acts stated in Section
ration, parhrership or any judicial person, the
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Republic of the Philippines
Province of Albay
CITV OF TABACS
enumerated in Section 5. or who othenvise fail to fuIfiIl the duties and obligations
enumerated in Section i6 hereof.
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Republic of the Philippines
Province of Albay
CITY OF TABACO
e. Minors caught selling tobacco products rvill be subiected to the counseling by the
CSWDO and appropriate community service for One (l) day but not more than
Seven (7) days.
Section 9. Citation Ticket System. Violators of this Ordinance shall be informed of their
violation and the penalt-v associated which such violation by means of a Citation Ticket System
with the folloi,ving guidelines:
a. Official booklets of Citation Tickets shall be issued b.v the City Treasurer's Office to
duly authorized enforcers rvithin Ninety (90) calendar days of the effectivity of this
Ordinance.
A Citation Ticket shall be issued to the person/s liable for anv violation of this
Ordinance upon finding of the violation b1" duly authorized enforcers.
A Citation Ticket shall contain the follorving information:
l) A checklist of the violations under this Ordinance.
2) The fines associated with each violation. \
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3) Due date for compliance with the obligations imposed by the ticket.
When a Citation Ticket is issued to a violator, the violator shall report to the Citv
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Treasurer's Office within Three (3) regular business da1's after such issuance. where
he or she shall either pay.' the fine imposed or render community service under
Section 8 (e) hereof.
The City Treasurer's Office shall keep a duplicate of all Citation Tickets issued to t
violators as rvells as all other records of violations of this Ordinance.
Section 10. Smoking Cessation Program. The Crty Health Officer, with the assistance
of the Health Education and P Offrger and the CSO representative designated under
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Section 16 hereof, shall develop Smoking Cessation Program and encourage the
f ilities which may be ablelo provrde for
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participation public pnvate ableTo provide its
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Republic of the Philippines
Province of Albay
CITY OF TABACO
requirements. Smoker rvho are willing to quit and/ or those found violating this Ordinance may be
referred to the Smoking Cessation Program and its facilities.
ENFORCBMENT
Section 11. Smoke Free Task Force. A Task Force shall be created to aid in the
implementation, enforcement and monitoring of this Ordinance as well as to conduct educational
awareness campaigns, information dissemination programs, and capacity building programs, that
City Treasurer
Environment and Natural Resources Officer (ENRO)
. LigaNg Mga Barangay President \
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Other member/s identified by the City Health officer whose specific function in the r
Local Government and role in the effective implementation of tobacco control may
be considered invaluable. \
Task Force shall not include as a member any person or entity connected in any way to the
tobacco industry
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Section 12. Duties and Responsibilities of the Task Force. Other than One (l)
Ordinance and
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Two (2) deputizing enforcers under ion 13f to 16 hereof, Task Force shall have the
following ive duties and
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Republic of the Philippines
Province of Albay
CITY OF TABACO
2) Assign a hotline or any other number to which violations of this Ordinance mav
be reported by telephone call of by SMS and a person to operate the line and
record the reports.
3) Serve as the overall coordinator among all the City Officer involved in the
implementation of this Ordinance.
4) Make tobacco control, including the implernentation and enforcement of this
Ordinance, a part ofthe health program to be proposed for ftinding by the general
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Republic of the Philippines
Province of Albay
CITY OF TABACO
hereof-
5) Assist in evaluating the performance of the Task Force and the effectiveness of
the implementation and enforcement of this Ordinance.
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Assist in inspection and torinil violation of the Ordinance on its owrr or r,lith
any member of the T
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Republic of the Philippines
Province of Albay
CITY OF TABACO
3) Conduct periodic monitoring of air, water, soil quality and other studies pertinent
2) Coordinate rvith all Barangay Chairperson and the PNP in monitoring violations
of the Ordinance within their jurisdiction;
3) Provide the necessary coordination among the Barangay Heath Workers,
Kagawads and Tanods and other enforcers for the implementation of activities
pertinent to the Ordinance.
4) Assist in the facilitation of referral for the Smoking Cessation Program at the
Barangay Level.
Section 13. Enforcement on Individuals. Members of the PNP shall apprehend and
issue Citation Tickets against persons caught smoking in places where such is prohibited. They
shall forward copies of the tickets they issue violators to the City Treasurer's Office regularl_v, at
least trice a week.
Section 14. Enforcement on Public Conveyances. Members of the PNP andlor persons
duly deputized by the Task Force shall inspect public conveyances during their regular hours of
operation and shall issue Citation Tickets upon discovery of any violation of this Ordinance. They
shall fonvard copies of the tickets they issue violators to the City Treasurer's Office regularly, at
least tnce a week.
Section 15. e3nforcement of Establishments. Ninety (90) calendar days after the
effectivity of this Ordinance, an inspection team composed of representatives &om the City
Heallh Office, the Engineer's Office, the Treasurer's Office, and the Permits and License Office,
shall conduct inspection of establishments and buildings to determine their compliance r,vith the
provisions of this Ordinance.
Regular inspection shall the fter conducted at least once every month or
simultaneously r.vith other regular done by the Task Force, whichever is more
frequent, duri normal hours of ope establishment
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Republic of the PhiliPPines
Province of AlbaY
CITY OF TABACO
The inspection team shall issue Citation Ticket against the establishment upon finding of
non-compliance with or any violation of this Ordinance. A Citation Ticket may be issued for each
Re-inspection of the establishment shall be done on any day after the issuance of the
Citation Ticket, but in no case more than Ten (10) calendar days after such issuance. If the
establishrnent fails to comply with the obligations stated in the Citation Ticket upon re-inspection,
the inspection team shall recommend the suspension of the license to operate of the
In the course of inspection, the inspection team may apprehend individual violators and
request the assistance of the PNP in doing so.
Section 16. Civilian Participation in Enforcement. Within Thirty (30) calendar days
from the effectivity of this Ordinance, the City Health Officer shall designate, with the approval \
of the Offrce of the City Mayor, Non-Governmental Organization/s (NGOs) to discharge the
duties and responsibilities enumerated in Section 12 (g) hereof.
The Task Force may deputize qualified civilians to serve as enforcers of this Ordinance.
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Any person can file with the Task Force a report of or complaint for any violation of this
Ordinance.
INFORMATION CAMPAIGN
Section 17. Information Dissemination. Within Sixty (60) calendar days of the
Tabaco; and
3) Conduct lectures brief bers of the PNP members of the provisions of this
In coordination rvith the Permits and Licenses Office. give a cop-v of this Ordinance
and its primer to all cxisting establishments that are licensed to operate and open to
the public, as well as to those appll.ing for a ner,v license to operate.
In coordination r,vith the Information Office, give a copy of this Ordinance and its
primer to all public utilit-v vehicle operators in the Citv of Tabaco.
d. In coordination rvith the Information Office. give a copr. of this Ordinance and its
primer to all public and private schools of all level situated in the City of Tabaco.
hereby allocated. Every year thereafter. at least Three Hundred Thousand Pesos (Php 300,000.00)
shall automaticallv be included in the Annual Budget of the Cit.v Government of Tabaco for the
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implementation and enforcement of this Ordinance. based on the Cit1, Government plans and
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Republic of the Philippines
Province of Albay
CITY OF TABACO
a. Costs of printing copies of this Ordinance. the Citation Tickets, and Information,
Education and Communication Materials pertaining to tobacco control;
b. Costs of inspection and enforcement by the Smoke-free Task Force, including
allowances for meals and transportation, the amounts of rvhich shall be set by Offrce
of the City Mayor:
c. Incentive or reward for private citizens r.vho report violations of this Ordinance;
d. Instihrtion and operating expenses of the smoking cessation program and facilit.v:
e. Olher expenses associated with the implementation and enforcement of this
Ordinance.
Section 21. Repealing Clause. all Ordinance contrary to or inconsistent with this
Ordinance are hereby repealed or modified accordingly.
Section 22. Separability Clause. if any part or provision of this Ordinance is declared
urconstitutional or invalid" the same shall not affect the validity of the other parts or provisions \
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hereof.
Section 23. Effectivity Clause. This Ordinance shall take effect Fifteen (15) days after
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its publication in a newspaper of local or general circulation or posting in at least Two (2)
conspicuous places in Tabaco City.
APPROVED.
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LOURDES BELANG
Proponent
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Republic of the Philippines
Province of Albay
CITY OF TABACO
At'%'',
LEoNA p. tvlndrmaz REN C. MATZA
Co-Proponent Co-Proponent
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RONNE RocFrA n,fifnonreo
Tempora Choirman rl (he Se.ss i on
ATTESTED:
APPROVEDT
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City Mayor
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