EPUBLIC OF THE PHILIPPINES INGGUNIANG PANLUNGSOD CITY OF PARANAQUE. 7 Council ORDINANCE nol? -06 . SERIES OF 2016 (73 ) PROPONENTS: COUN. EDWIN R. BENZON COUN, RICARDO L. BAES, JR_ ANORDINANCE AMENDING CERTAIN PROVISIONS OF CITY ORDINANCE NO. 05-04, SERIES OF 2004 ENTITLED “AN ORDINANCE ENACTING THE PARANAQUE CITY TRAFFIC CODE SUBJECT TO EXISTING LAWS AND APPLICABLE RULES AND REGULATIONS” WHEREAS, City Ordinance No. 05-04 Series of 2004 otherwise known as "An Ordinance Enacting the Parafiaque City Traffic Code Subject to Existing Laws and Applicable Rules and Regulations" took effect on March 17, 2005; WHEREAS, in order to create a culture of traffic discipline among motorists not influenced by the visibility of traffic enforcers on the road but by reason of the operation of an effective 24-hour no contact apprehension program, the City of Parafiaque will implement said no contact apprehension program wherein the registered owner shall be accountable for traffic violations committed in the City’s roads; WHEREAS, in order to effectively promote and enforce said culture of traffic discipline among motorists and accountability of owners of motor vehicles plying the streets and roads of the City of Paraiaque, in the instance that the apprehended driver is not the registered owner of the vehicles used when the taffic violation was committed, the registered owner shall be solidarily liable to the penalty/ies imposed by the PTMO (Parafaque Traffic Management Office) against the driver violating the traffic rules and regulations mentioned herein in consonance with the principle of quasi-delict based on Article 2170 of the Civil Code of the, ; Philippines, as amended; et EF WHEREAS, the Parafiaque Traffic Management Office and the Office of the City Mayor are proposing an amendment by addendum of the same City Ordinance through the imposition of "no contact traffic apprehension policy", WHEREAS, to ensure that the "no contact traffic apprehension policy” shall be fairly and equitably implemented, an appropriate body that will address controversies relating to such policy shall be created. NOW, THEREFORE: BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the Sangguniang \ \ Panlungsod ina session assembled that Section 1. This ordinance shall be known as, “AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CITY ORDINANCE NO. 05-04, SERIES OF 2004 ENTITLED “AN ORDINANCE ENACTING THE PARANAQUE CITY TRAFFIC CODE SUBJECT TO EXISTING LAWS AND APPLICABLE RULES AND REGULATIONS” Section 2. Section 10, Article IV, pressribing the rule on Obedience to Traffic Control Signals is hereby amended by adding pay 3 which shall read as follows 2eh 17-06 (Giese eee ORDINAXCE NO,__ SERIES OF 2016 - AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CITY ORDINANCE NO 0! ‘SERIES OF 2001 EXTTILED" AN ORDINANCE ENACTING THE PARANAQUE CITY TRAFFIC CODE SUBJECT 10 EXISTING LA\ ‘AND APPLICABLE RULES AND REGULATIONS, (3) A no contact traffic apprehension policy ("the Policy” for brevity) shall be strictly observed in all roads within the City of Parafiaque. (a) The Policy pertains to the sending of an Ordinance Violation Receipt (OVR) to the address of the registered owner of a vehicle that violates any provision of this Ordinance even without being apprehended by a traffic enforcer. S (b) The City Government shall cause the installation of Traffic Enforcement Cameras in intersections and motorways within the City of Parafiaque. The "Traffic Enforcement Cameras” are electronic devices that automatically take high speed, high resolution photos of vehicles that will beat a red light or enter a "yellow box" after a traffic light has tumed red, be over the speed limit, make wrong turns, travel against the flow of traffic, violate Section 85 of the Traffic Code (also known as the truck ban), encroach upon or stay on a pedestrian lane near an intersection, or commit other violations of the Traffic Code. Speed cameras are devices used to measure the speed of moving objects; (c) Only ‘Traffic Enforcement Cameras and speed cameras conforming to intemationally accepted standards such as those already being successfully used and tested in the US, Canada, Europe, Australia, and other foreign countries shall be installed within the City of Parafiaque; (d) The Traffic Enforcement Camera system and speed cameras to be installed within the City of Parafiaque, shall continuously monitor the traffic situation in the intersections or Z in any other areas where they shall be operated on a 24/7 basis. Any vehicle entering the intersection after the traffic light has tumed red shall automatically trigger the Traffic Enforcement Cameras. On the other hand, speed cameras would then automatically take pictures of vehicles moving beyond the maximum speed limit, ‘The driver and the vehicle that enters an intersection after the traffic light located thereon has tumed red, or breaks the speed limit, makes wrong turns, travels against the flow of traffic, violates the truck ban, swerves, travels out of line, or commits other violations of the Revised Traffic Code, shall be known henceforth as a “Traffic Enforcement Camera Violator”, (e) A series of photographs and video images showing the Traffic Enforcement ‘Camera Violator prior to the violation as well as the vehicle's progression through the intersection of on any road covered by a Traffic Enforcement Camera or speed camera shall be recorded and shall be accepted as evidence of such -violation. The PTMO shall keep records of such violations for at least two (2) years but cases against the registered owners of ‘Traffic Enforcement Camera Violators should be filed within two (2) years from the date of the commission of the said offense. The PTMO's records shall be provided to the Philippine National Police (PNP) or to the National Bureau of Investigation (NBI) in relation to any. criminal investigation where such evidence may be needed: i (®) The Traffic Enforcement Cameras and speed cameras shall be calibrated in such a way that they will record the license plate of the Traffic Enforcement Camera Violator as well as the date, time of day, and the time elapsed when the said violation was committed, | (g) The PTMO and/or the City Engineering Office may install traffic lights and clearly mark legible stop lines and "yellow boxes” in all intersections that will be equipped wil ‘Traffic Enforcement Cameras, as well as other traffic signs where the Traffic Enforcement Cameras and speed cameras shall be installed or situated; (h) The yellow warning sign of traffic lights to be installed on the said intersections shall be set at least three (3) seconds before the signal light turns red. Traffic signs shall be placed il in strategic areas within Ahe City of Paraflaque advising motorist of the city-wide coverage of the Trefij Enforcement Camera and speed cameras system; aenail 17-06 ee 4) A motorist who drives past the stop line before the traffic control signal applicable to him turns red is not a Traffic Enforcement Camera Violator; executing a complete stop, may drive his vehicle and enter the intersection and turn right G) Where expressly allowed by a traffic sign to turn right anytime with care, a motorist, after ( with care even if the traffic signals applicable to him has turned red; \ (&) The OVR shall be appended to the Notice of Violation, and addressed to the registered Sx) owner of the vehicle of the Traffic Enforcement Camera Violator within seven (7) days from the date the Ordinance Violation occurred. Photographic evidence of such violation shall also be attached to the OVR. The Land Transportation Office (LTO) shall also be furnished with a copy of the said ticket and photographic evidence. laws, rules and regulations. (1) The filing and safe-keeping of these records shall be in compliance with all the pertinent Sn. (m)The “MOTOR VEHICLE REGISTRATION ALERT (MVRA)" System — The City Government of Parafiaque shall link up with the Land Transportation Office (LTO) in the implementation of its “Motor vehicle Registration Alert (MVRA) system and remit to the said agency its share in all revenues generated therefrom. Such shares shall be transmitted by the City Government of Parafiaque to the LTO before the end of every fiscal year, provided, that the details of the income sharing scheme as well as the manner by which ‘ the MVRA shall be implemented shall be embodied in a Memorandum of Agreement duly executed by and between the LTO and the City Government of Paranaque, in accordance with law. The provisions of the said Memorandum of Agreement shall be deemed an integral part of this Ordinance (a) The PARANAQUE TRAFFIC ADJUDICATION BOARD (PTAB) is authorized to receive all complaints pertinent to the violations caught by the traffic enforcement cameras as indicated in the OVR i Jurisdiction, The PTAB shall hear and decide cases involving violations of all traffic rules and regulations, including violations caught and recorded by traffic enforcement cameras, within the City of Parafiaque. Such cases shall include: a Complaints against the behavior of any employee assigned to or supervised by the PTMO; b. Complaints on the nature of infractions imputed to the violator; and c. Complaints on the penalties imposed ii Composition. ~ The Chairman, Members, Secretariat and the Technical Working Group shall be appointed by the Mayor while the Chairman on the Committee on Public Order and Safety, Traffic Management and Illegal Drugs shall be the Vice- Chairman. iii, Procedure, — The PTAB shall formulate the procedure for filing cases and for the conduct of its proceedings, subject to the approval of the City Mayor. However, the PTAB must ensure that the complaint filed before it is in writing, signed by the complainant and duly notarized. No fee or charge shall be imposed for the filing of such complaint. =~ pant to Section 124 of Ordinance No. 05-04, decisions of the PTAB shall be inal iv. Honorarta. - The Chairman, Vice-Chairman, Members, Secretariat and the Technical Working Group shall be entitled to a monthly honorarium at a rate to be determined Jj by the/City Mayor, to besourced from the Tr: Development Trust Fund /\ ( {4Ve NO.___ SERIES OF 2016 -_ AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CITY ORDINANCE NO 05.08 ED" AN ORDINANCE ENACTING THE PARARAQUE CITY TRAFFIC CODE SUBJECT 10 EXISTING LAW: Section 3. PENALTY FOR VIOLATION OF RED LIGHT CAMERA - Registered owners of vehicles found violating the red-light camera system shall be fined Three Thousand pesos (Php 3,000.00) for the violation. In cases of multiple violations, the additional penalty/ies under the Traffic Code of the City of Parafiaque shall be imposed. Section 4. IMPLEMENTING RULES AND REGULATIONS — Upon consultation ith the stakeholders, the City Traffic Management Office shall formulate the applicable 4 \\ implementing rules and regulations of this Ordinance within (90) ninety days after its effectivity subject to the approval of the Sangguniang Panlungsod. Section 5. TRUST FUND - The proceeds of the fines collected for violation of this ordinance shall be placed in a Trust Fund. The following guidelines shall be observed: a) The City Treasurer is hereby authorized to create and establish a Trust Fund intended for the Paranaque Traffic Management Office; b) That all money, payments, or any funds derived from the violations of the The Traffic Enforcement Cameras; ‘ c) That the funds as afore-stated shall be treated as a Special Account and which shall be in the nature of a Trust Fund, to wit, it shall be called as “Traffic Development Trust Fund”. wit: 1. Radio and communication devices and equipment, 2. Traffic signages, markers, reflectors, paint or any system of signs; 3. Barricades, barriers, cones, posts or any traffic and safety devices, 4. Electronic or digital Instruments. ‘d.) The proceeds of the Trust Fund shall be utilized for the purpose of purchasing the following materials that are pertinent for the implementation of this ordinance namely * Section 6, IMPLEMENTING OFFICE - The City Traffic Management Office shall be the implementing office of this ordinance. They shall also be responsible for documentation and liquidation of the proceeds of the Trust Fund subject to applicable rules and regulations of the 6 Commission on Audit and other applicable laws. Section 7. REPEALING CLAUSE- Any resolution, ordinance or any part hereof which is found inconsistent with the provisions of this ordinance are hereby repealed and or modified accordingly. Section 8. SEPARABILITY CLAUSE - If any part of this ordinance is declared invalid for any reason whatsoever, such declaration shall not in any way affect other parts or sections of this ordinance. Secti 9, EFFECTIVITY CLAUSE - This ordinance shall take effect upon the approygl of the corresponding IRR of this ordinance and compliance of the publication ments as mandated by the law. Zs j Enacted this 2 day of _ april , 2017, at the City of Paraflaque | CERTIFIED TRYB AND CORRECT: \ CHARLAW ANGELQ L. RONQUILLO Acting City Council Secretary a,races 17-06 PAGE SCE NO.___SERIES OF 2016 - AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CITY ORDINANCE NO 0544 SERIES OF 2004 ENTITLE ENACTING THE FARARAQUE CITY TRAFFIC CODE SURIECT 10 EXISTING LAWS. ‘SPONSORED BY: EDWIN RB iC: L. BAES, JR City Councilor ity Councilor CONCURRED BY: JOHN RYAN (A YLLANA achat |AVA-TAN City Councilor, Z /-City Codnejlor MERLIE S,ANTIPUESTO Cee Councifor City Councils Vowla (0 da los. MARITESS B. DE ASIS A. VIVLAFUERT. City Councilor Cify Councilor ir BUSTAMANTE-MENDOZA BRIL) “ INCIONG City ilo - ESPLANA PABLY C. GABRIEL, JR. City Councilor tvacation leave CHRISTOPHER V. AGUILAR Liga President ATPESTED B JOSE E! ce L. OLIVA! City Mayor