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new parking amendments

Discussion in 'Dumaguete City' started by alex, Feb 15, 2016.

  1. alex

    alex DI Forum Patron Highly Rated Poster

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    1. WHEREAS, the City of Dumaguete enacted Ordinance No. 25, Series of 1996, as amended, providing for Parking Restrictions and Parking Prohibitions in the streets of Dumaguete City;

      WHEREAS, despite the restrictions and prohibitions of parking on certain streets of Dumaguete City, violations continued unabated due, among others, to the very low penalties imposed under the traffic ordinance of Dumaguete City;

      WHEREAS, it is the policy of the City of Dumaguete to introduce a regulated parking system in areas so designated by the City, so as to improve and enhance traffic flow and distribute equitably the limited parking spaces available;

      WHEREAS, pursuant to the provisions contained in Republic Act 7160, otherwise known as the Local Government Code of 1991, the City Government of Dumaguete is empowered to regulate the use of streets, alleys, and other public places and improve and maintain the same, regulate the use of parking spaces, as well as designate areas to be occupied by public and private vehicles when not in use;

      NOW THEREFORE, on motion of Councilor Danilo T. Leon, duly seconded by Councilor (s) ______________, the City Council in session assembled.
      RESOLVED, AS IT IS HEREBY RESOLVED, to enact the following Ordinance:

      ORDINANCE NO. ___
      Series of 2015
      “AN ORDINANCE AUTHORIZING THE TRAFFIC ENFORCERS OF DUMAGUETE CITY TO IMMOBILIZE ANY MOTOR VEHICLE VIOLATING PARKING RESTRICTIONS AND PARKING PROHIBITIONS OF THE CITY OF DUMAGUETE, INCREASING ITS PENALTY AND FOR OTHER PURPOSES”
      Be it ordained by the Sangguniang Panlungsod of Dumaguete, that:

      SECTION 1. - POLICY. - It is the policy of the government of the City of Dumaguete to immobilize any motor vehicle violating the Parking Restrictions and Prohibitions of City Ordinance No. 25, as amended, otherwise known as the Traffic Adjustment Scheme of 1996 of Dumaguete City, in order to have a smooth flow of vehicular traffic in all streets in the City of Dumaguete at all times.

      SECTION 2. – IMMOBILIZATION OF VEHICLES. – Any vehicle found violating any provision of any existing ordinance of the City of Dumaguete which prohibits regulates or restricts the parking vehicles shall be immobilized by clamping any tire of the said violating vehicle with the use of Denver boot vehicle immobilizer or any other special gadget designed to immobilize motor vehicles. For this particular purpose, any traffic enforcer of the City (regular PNP Personnel or Traffic Management Office Personnel) is hereby authorized to immobilize any violating vehicle as hereinabove provided.

      SECTION 3. – PENALTIES. - Any motor vehicle owner or driver violating any ordinance on parking prohibitions, regulations and/or restrictions, as may be provided under Ordinance No. 25, as amended, or any other existing ordinance, shall be penalized an administrative fine of Five Hundred Pesos (PhP500.00). The vehicle immobilizer may not be removed or released without its owner or driver paying first to the City Treasurer of Dumaguete City through the Traffic Violations Office. Receipt of such payment must be presented to the concerned personnel of the TVO responsible for the release of the immobilized vehicle.
      3.1. Any person who tampers or tries to release an immobilized or clamped motor vehicle by destroying the denver boot vehicle immobilizer or other such special gadgets, shall be liable for its loss or destruction and shall be prosecuted for such loss or destruction under pain or penalty under the Revised Penal Code and any other existing ordinance of the City of Dumaguete for the Criminal Act, in addition to his/her civil liabilities under the Civil Code of the Philippines, provided that any such act may not be compromised nor settled amicably and extra-judicially.
      3.2. Any immobilized vehicle which is unattended and constitute an obstruction to the free flow of traffic or hazard thereof shall be towed to the impounding area and shall be released only in accordance with Section 3 hereof.
      3.3. Any person who violates any provision of this ordinance shall, upon conviction, be penalized with imprisonment of not less than one (1) month nor more than six (6) months or of a fine of not less than Two Thousand Pesos (PhP2,000.00) nor more than Five Thousand Pesos PhP5,000.00), or both such imprisonment and fine at the discretion of the court.

      SECTION 4. – SEPARABILITY CLAUSE. – Any provision or portion of this ordinance found to be violative of the constitution or invalid shall not impair the other provisions or parts thereof which shall continue to be in force and in effect.

      SECTION 5. - REPEALING CLAUSE. - Ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed and/or modified accordingly.

     
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  2. DavyL200

    DavyL200 DI Forum Luminary ★ Global Mod ★ ★ Moderator ★ Highly Rated Poster Showcase Reviewer

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    Now let's see it implemented soon!
     
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  3. Nutz2U2

    Nutz2U2 DI Member Showcase Reviewer

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    PLEASE. PLEASE. PLEASE.

    I can just imagine the shocked look on peoples faces.

    I remember it happened to me ONCE is Sydney - BUT NEVER AGAIN.

    PLEASE. PLEASE. PLEASE.

    :tongue::whistling::wtf:
     
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  4. expatron

    expatron DI Forum Patron

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    • It would seem to be expensive to import 3,000 Denver clamps and 50 tow trucks. How about issuing every officer an ice pick? This would be a big boom for the tire companies....:biggrin::biggrin:
     
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    Last edited: Feb 15, 2016
  5. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I got the company vehicle in Afghanistan booted for parking next to a tent once. Took 12 hours, a ton of paperwork and an *ss chewing from a O-6 to get it removed. Needless to say I never parked next to a tent again.

    On topic: I hope they implement the wheel boot part but make the process to get it removed as painful and time consuming as possible that involves going back and forth to multiple government offices (on opposite sides of town preferably).

    Question: does the LTO even possess wheel boots?
     
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  6. DaveD

    DaveD DI Senior Member Showcase Reviewer Veteran Navy

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    I like but, it's not worth the paper it's written on if not enforced. I will believe it when I see it.
     
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  7. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    Are any of the ordinances ever Enforced?
     
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  8. DaveD

    DaveD DI Senior Member Showcase Reviewer Veteran Navy

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    only when they want to which is not very often from what I have seen in my limited time here.
     
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  9. DavyL200

    DavyL200 DI Forum Luminary ★ Global Mod ★ ★ Moderator ★ Highly Rated Poster Showcase Reviewer

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    And the answer is the lto does not have enough enforcers even if they had clamps and I'm sure there would be a lengthy seminar how to use them before they were let loose with the clamps.
    I noticed an article in one of the local rags recently asking where were the 119 new lto officers were!
     
  10. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I think the loss of face they have been getting on social media and the local news about the parking problem might be enough to get them to enforce this one (if they actually have the proper tools). I guess we'll see.
     
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