|Title:||AN ORDINANCE REVISING, AMENDING ORDINANCE NO. 8, SERIES OF 1976 AND CODIFYING THE NEW TRAFFIC RULES AND REGULATIONS IN ANGELES CITY.|
|Author:||Rivera, Bonifacio, Aguas, Indiongco and Morales|
|Approved Date:||March 27, 2012|
WHEREAS, the Sangguniang Panlungsod, as the legislative body of the city shall enact ordinances intended to promote the general welfare of the city and its inhabitants which in Paragraph 1, sub paragraph II and Paragraph 5, sub paragraph V and VI under Section 458 of the Local Government Code provides:
(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot. Violence, rebellion or sedition and impose penalties for the violation of said ordinances.
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this code, and in addition to said services and facilities, shall:
(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use, regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places;
(vi) Regulate traffic on all streets and bridges, prohibit encroachments of obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places.
WHEREAS, Republic Act No. 4136 otherwise known as the Land Transportation and Traffic Code was enacted on June 4, 1964 which is a statute enacted for the purpose of controlling the registration and operation of motor vehicles including the licensing of owners, dealers, conductors, drivers and the implementation and use of standard specification of traffic signs and symbols, road markings and other related traffic rules and regulation and similar matters;
WHEREAS, under Section 10 of the Letter of Instructions No. 1482 – Directing the Legalization of “COLORUM” Motorized Tricycles states that;
SECTION 10. Limits of Operations. Generally, tricycles are authorized to operate on any road within the municipality. However, they are prohibited to operate along the national highway or on any road which allows maximum speed of more than 40 KPH, especially on well paved, high speed roads, unless special tricycles/bicycles lanes on the shoulder are provided, except to cross.
WHEREAS, RA10084 provides that no driver of a single motorcycle driver may drive without a helmet;
Section 1. TITLE – This ordinance shall be known as the TRAFFIC CODE OF ANGELES CITY.
Section 2. SCOPE OF ORDINANCE – The provisions of this code shall be applied to the following,
2.a. Drivers of motor vehicles, whether private owned or public utility;
2.b. Drivers of animal-drawn vehicles and manually operated vehicles or carriage;
2.c. Owners and/or operators of motor vehicle;
2.d. Associations or organizations of drivers, owners and/or operators of motor vehicles or animal-drawn vehicles;
2.e. Pedestrian, passengers and other persons whose business or occupation is connected, either directly or indirectly with the conduct of motor vehicles, roads or streets; and
2.f. Motor vehicles, animal-drawn vehicles, manually operated carts, carriage, stands or any form of vehicles or conveyance which travels or occupies any portion of the road or street.
Section 3. DEFINITION OF TERMS – the following terms shall be understood in the sense indicated hereunder:
3.a. “ACTMB” Angeles City Traffic Management Board also mean the BOARD;
3.b. “ACTEIO” Angeles City Traffic Education and Information Office;
3.c. “ACTEO” Angeles City Traffic Engineering Office;
3.d. “ACTEMO” Angeles City Traffic Enforcement and Management Office;
3.e. “City Limit Vehicles” are type of public utility vehicles plying exclusively within the routes of Angeles City;
3.f. “Colorum” is a private vehicle operated for public utility purposes without the benefit of a valid and existing special permit, provisional authority or franchise;
3.g. “Drivers” includes all persons driving a motor vehicle, animal-drawn vehicles, carriage, stand, push cart and other similar vehicles;
3.h. “Federation of Jeepney Operators and Drivers Association in Angeles City” is the federation of jeepney operators and drivers associations operating within the city limit;
3.i. “Illegally Parked Vehicles” – refer to those which are parked (attended or unattended in areas prohibited by this Ordinance for parking purposes or those designated by the Traffic Enforcement Group (TEG) as “No Parking” areas or zones;
3.j. “Motorized Tricycle Operator’s Permit (MTOP)” is the document granting a franchise or license to operate issued to a person, natural or juridical, allowing him/her/it to operate a tricycle-for-hire over route specified herein;
3.k. “Motor Vehicles” are all vehicles using public or private roads, streets, alleys, highways, thoroughfares, avenues, exits and all forms of passages, if propelled by motor engine other than muscular power. “Animal-drawn vehicles” are those moved or mobilized by muscular power;
3.l. “Moving Traffic Violations” refers to infraction of traffic rules and regulations committed by the driver/operator, e.g. no parking, no loading/unloading and other obstruction to the traffic flow;
3.m. “Non-Moving Traffic Violations” refers to infraction of traffic rules and regulations on the use of motor vehicle, particularly public transportation such as but not limited to Colorum, out of line, no Mayor’s Permit, color scheme, body number, panel route, road worthiness of the motor vehicle and other similar violations.;
3.n. “Owner and/or Operator” is one who owns a vehicle whether or not it is registered under his name or who gives commends or directions to such vehicles;
3.o. “Outside City Limit Vehicles” refer to all public utility vehicles with point of origin outside Angeles City jurisdiction.
3.p. “Parking” a motor vehicle or any vehicle is said to be parked when it is brought to a stop and it remains inactive in that place for a period of at least 15 minutes;
3.q. “Passenger” is any person who rides or boards in a motor vehicle or in any conveyance whether he pays or not;
3.r. “Pedestrian” is any person who walks, crosses, or travels on a road, street or the like;
3.s. “Pick-up area” an area where a motorized tricycle temporarily waits for passengers which is not the designated terminal.
3.t. “Special Trip” – a trip from one zone to another zone
3.u. “Stalled Vehicle “ – refer to any motor vehicle and its attachment which for any cause is unable to proceed under its own motive power and is on a public, street or thoroughfare in Angeles City.
3.v. “Tricycle-for-hire” is a motor vehicle composed of a motorcycle fitted with a single wheeled sidecar or a motorcycle with a two wheel cab operated for transport services to the general public for a fee;
3.w. “Towing” is the removal of a private/public motor vehicle, such as jeepneys, mini-buses, motor cycles, tricycles, trucks, cars and the like;
3.x. “Zone” is a contiguous land area such as a barangay or a municipality, where a tricycle-for-hire may operate without a fixed origin and destination. These shall be from Zones 1,2,3,4 and 5 only.
Section 4. CREATION OF THE ANGELES CITY TRAFFIC MANAGEMENT BOARD (ACTMB) - There shall be a policy making body which shall enact/approve guidelines, rules, and regulation for the effective implementation of the Traffic Code. The body shall be known as the ANGELES CITY TRAFFIC MANAGEMENT BOARD (ACTMB) which shall be composed of the following:
Chairman - City Mayor
Vice Chairman - Chairman on Public Transportation and Utilities, SP
Members - Chairman of Peace and Order, SP
- Chief, Public Transportation and Regulatory Office
- Chief, Angeles City Traffic Enforcement & Management Office
- City Director, Angeles City Police Office
- City Planning and Development Coordinator
- City Engineer
- Representative from the Accredited Federation of Public
Utility Jeepneys and Motorized Tricycles Association
4.b. Powers, Duties and Functions of the ACTMB
4.b.1. Enact policies and guidelines with respect to the determination of location and placement/installation of signages, such as: No Parking Zone, One Way Street, Loading and Unloading Bay, Traffic/Road Signs and Markings, Traffic Lights and other Signals;
4.b.2. Determine when and where to open line and route for Public Utility Jeepneys, School Shuttle Service, Mini Buses and other public utility vehicles other than Motorized Tricycles and recommend the same to the Sangguniang Panlungsod;
4.b.3. Regulate the entry of trucks and / or enact policies and regulations regarding Truck Ban.
4.b.4. Recommend to the Sangguniang Panlungsod the increase in number of MTOP to be issued in a three- year policy based on City Ordinance No. 296, Series of 2011;
4.b.5. To fix the amount of fines for the violation of the prohibited acts as stated under Section 12 of this ordinance.
4.b.6. Enact policies and guidelines which shall implement the Motor Vehicles Volume Reduction Scheme either by Color Coding or Odd-Even Scheme to improve further the traffic flow in the city;
4.b.7. Determine the amount of storage fee per day for all impounded motor vehicles;
4.b.8 Exercise such other powers and perform such other duties and functions as may be prescribed by law.
4.c. Meetings - The ACTMB shall regularly meet once a month. The Chairman, may however, hold special meeting at his discretion.
4.d. Review Policies of the ACTMB. The Sangguniang Panlungsod has the power to review, revise or approved or disapproved the policies within 15 days. Inaction shall result to an automatic approval.
4.d.1. All executive orders, resolutions and decisions passed and approved by the ACTMB are subject to review, alteration and nullification by the Sangguniang Panlungsod.
4.e. Subdivision Offices – There shall be three (3) subdivision offices, these are:
4.e.1. Angeles City Traffic Registration, Education and Information Office (ACTREIO) – The PTRO shall be the office which shall perform the following duties and functions;
4.e.2. Angeles City Traffic Engineering Office (ACTEO) – The ACTEO shall have the following functions, duties and responsibilities:
4.e.3. Angeles City Traffic Enforcement and Management Office (ACTEMO) – The ACTEMO shall have the powers, functions, duties and responsibilities: These are:
4.f. Complaint and Action Center. There shall be created an office under the PTRO, known as the Complaint and Action Center, whose specific task is to receive and validate complaints coming from riding public against erring drivers of public utility vehicles and traffic enforcers. All validated complaints shall be endorsed to the City Legal officer for appropriate legal action.
Section 5. Outside City Limit Policy
5.a. It is prohibited for all Public Utility Vehicles operating outside the city limit of Angeles City to ply around the following major thoroughfares, from 7:00 A.M. to 7:00 P.M., Monday to Friday, except holidays, to wit:
5.a.1. Mac Arthur Highway, from Balibago (Bayanihan Park) to Sto. Domingo
5.a.2. Henson Street (Jake Gonzales Boulevard)
5.a.3 Miranda Street;
5.a.4. Rizal Street;
5.a.5. Magalang Road;
5.a.6. Sto. Entierro Street;
5.a.7. Sto. Rosario Street.
5.b. Exemptions. Only Public Utility Vehicles with emergency or special functions shall be exempted from the prohibitions hereof.
Section 6. Common Terminal System
6.a. There shall be established public transportation common terminals for the public utility vehicles in the five (5) sectors in Angeles City. These are:
6.a.1. South Bound – Essel Park Common Public Terminal located at Barangay Telabastagan, City of San Fernando, Pampanga;
6.a.2. North Bound – Bayanihan Park/SM Public Transport Terminal, Barangay Balibago, Angeles City;
6.a.3. East Bound – Marquee Public Transport Common Terminal, Barangay Pulung Maragul, Angeles City and any other area designated by the Sangguniang Panlungsod.
6.a.4. West Bound – Nepo Mart Complex;
6.a.5. Central Terminal – Within the vicinity of Pampang Public Market, Angeles City or to be determined by the Sangguniang Panlungsod
6.b. There shall be a total of 144 Motorized Tricycle Associations with the same number of terminals in Angeles City, identified as follows:
ZONE I: Barangays Cutud, Pulung Cacutud, Sapalibutad, Pulung Maragul & Balibago.
ZONE II : Barangays Ninoy Aquino, Pandan, Sto. Cristo, Salapungan, Virgen Delos Remedios, Claro M. Recto, Lourdes Sur East, Tabun, Mining, Capaya I & II.
ZONE III : Lourdes Sur, Agapito Del Rosario, Pulung Bulu, Sto. Domingo, Sto. Rosario & San Jose
1.ASTODA- Airland Supermarket TODA
ZONE IV : Malabanias, Anunas, Amsic, Margot & Sapangbato.
2. AMATODA- Amsic Anunas TODA
3. AMP2TODA- Amsic Plaridel 2 TODA
ZONE V : Cuayan, Cutcut, Sta. Teresita, San Nicolas, Lourdes North West, Pampang & Sta. Trinidad.
1.ACNHSTODA- Angeles City National High School TODA
2, ACPM FRONT TODA- Angeles City Pampang Market Front TODA
42.K-HERMINIASTODA- K-Herminias TODA
6..b.1. Such terminals shall no longer increase in number but could be lessen when necessary.
6.b.2. The location of terminals shall be not less than six (6) meters away from the corner of main streets/thoroughfares and not less than three (3) meters from the corner of secondary roads and streets.
6.b.3. Terminal Pick-up Areas may be established upon the recommendation of the Federation of Tricycle Operators and Drivers Association in Angeles City upon the approval of the Angeles City Motorized Tricycle Franchising and Regulatory Board (ACMTFRB);
6.b.4. The establishment of sub-terminals is strictly prohibited.
6.c. Terminals of Public Utility Jeepneys, Mini Buses and Tricycle Operators and Drivers Associations should have loading and unloading bays and urinals. Such terminal facilities shall be designed by the Traffic Engineering Office which should be within the perspective of the Angeles City’s tourism programs.
Section 7. COLOR CODING, BODY NUMBERS AND PANEL ROUTES
7.a. Motorized Tricycles
7.a.1. White – Zone I (Barangays Cutud, Pulung Cacutud, Saplibutad, Pulung
Maragul and Balibago
7.a.2. Yellow – Zone II (Barangays Pandan, Tabun, Mining, Capaya, I & II, Salapungan, Sto. Cristo, Virgen delos Remedios, Claro M. Recto, Lourdes Sur East, and
7.a.3. Red – Zone III (Barangays