Naga regulates road use and maintenance; penalizes violators

An ordinance that imposes stiffer penalties against violators of the efforts implementing the road clearing of all illegal constructions, structures and obstruction from public roads, road side, street side and other public passage ways has taken effect on September 1, 2022.

Ordinance No. 2022- 064A authored by City Councilors Melvin Ramon G. Buenafe and Antonio B. Beltran has been approved by City Mayor Nelson Legacion on August 26, 2022. The same was published in Bicol Mail last September 1, 2022.

The ordinance cited the following purposes: To regulate the use and maintenance of roads, sidewalks, streets and setbacks in order to reclaim public roads and rid them of illegal and/or private obstructions or encroachments and to facilitate the safe convenient use thereof.

It also penalizes any act that results in any road obstruction as defined under section 4 of the ordinance, willingly or wittingly refusing to abate or remove existing road obstruction as defined under section 4 of the ordinance.

For fines and penalties, the ordinance provides as follows: For ambulant vendors, transient peddlers, and illegal structures of businesses; First Offense – Warning/Reprimand and Notice to Vacate/Demolish/dismantle obstruction;

Second Offense: Fine of Php 200.00 for ambulant vendors or transient peddlers and Notice to Vacate/Demolish/dismantle obstruction; Fine of Php 1,000.00 for other business owners and Notice to Vacate/Demolish/ dismantle Obstruction;

Third and Succeeding Offenses: Fine of Php 500.00 for ambulant vendors or transient peddlers and Notice to Vacate/Demolish Obstruction, and confiscation of good and Fine of Php 2,500.00 for other business owners, Notice to Vacate/Demolish Obstruction, and Issuance of Cease-and-Desist Order or Revocation of Business Permit;

For illegally parked vehicles are: Drivers or operators of illegally-parked vehicles shall be penalized in accordance with Section 147 of the existing Transport and Traffic Code Ordinance or Ordinance No. 93-049.

Failure to post a clear and visible sign indicating on-going construction or repair along a public road or sidewalk will be fined with Php 2,500.00; and Failure to acquire permits before undertaking excavations of any manner along public roads, streets, or alleys will be fined according to Section 147 of Naga City Ordinance No. 93-049, with the exception of those covered under the DPWH Department Order No. 2 series of 2011 regarding diggings/excavations on national roads.

Also, failure to provide protective roofing above sidewalks or public roads adjacent to any construction will be fined with Php 2,500.00 and destroying or tampering any sign or notice that indicates hazard to pedestrian safety will be fined with Php 2,500.00 and In the event that a violator cannot pay the fine imposed pursuant to the ordinance’s provisions, the violators be made to undergo subsidiary imprisonment or punishments otherwise imposed at the discretion of the court;

The ordinance further provides that conviction of persons for any violation under this Ordinance shall not bar his prosecution for any other offenses or violations which may have been committed concurrently with the commission of any of the offense for which he was convicted for or series of acts which constituted the offense of violation of which he was convicted.