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Republic of the Philippines

CITY OF VALENZUELA
Metropolitan Manila

SANGGUNIANG PANLUNGSOD
* Exceryts lron the minutes of the 15b Regular Se$ion ot dle 60 City Council ot Valqzuela held on Nownfut 11, 2013 at 2:U
P.M. at he City Counc,l's Sessior lril,, ?d Hoor, Legidative Bullding, Valenzuela City Hall, K.ruhatan, Valenzuela City, lleto
Manila.

ORDINANCE NO.96
Series of 2013

AN ORDINANCE REGULATING THE \

INSTALLATION AND DISPLAY OF


BILLBOARDS IN THE CITY OF VALENZUELA.
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Authored by Councilor KIMBERLY ANN D.V. GALANG,


Councilor ANTONIO R ESPIR.ITU, Councilor ROVIN ANDREW M. FELICIANO,
Councilor CORAZON A. CORTEZ, Councilor MARLON PAULO C. ALEJANDRINO,

Y Councilor IENNIFER PINGREE-ESPLANA, Councilor LORENA NATMDAD-BORJA,


Councilor LAILANIE P. NOLASCO, Councilor CRISSHA M. PINEDA,
Councilor RAMON L. ENCARNACION and Councilor CRISTINA MARIE M. FELICIANO

WHEREAS, Section 458, (3J (iv) of the Local Government Code provides the basis
for the power of the Sangguniang Panlungsod to regulate the display of and fix the license
fees for signs, signboards, or billboards at the place or places where the profession or
business advertised thereby is, in whole or in part, conducted;

WHEREAS, the Local Government Code of 1991 empowers the local government
units to prescribe reasonable limits and restraints on the use of properry and to regulate
the putting up of signs, signposts and awnings within the territorial iurisdiction of the
city/municipality;

WHEREAS, all billboards shall be subject to Chapter 20 and Rule V of the National \
Building Code (PD 1096) and its implementing rules and regulations and such other
pertinent rules and regulations;

WHEREAS, Ordinance No. 009, Series of 2004 regulates the installation and display
of streamers, billboards and advertising signs along maior and secondary thoroughfares,
avenues, stree! roads, parks and open spaces in Valenzuela City;

WHEREAS, the unregulated construction, placement and display of billboards


constitute a public nuisance detrimental to the health, safety, convenience and welfare of
the residents ofthe city;

WHEREAS, the proliferation in number, size and manner of outdoor advertising


unreasonably distracts operators of motor vehicles and promotes confusion with regard to
traffic lights, signs, or signals or otherwise interferes with the effectiveness of traffic
regulations and is therefore way users.

3
Republic of the Philippines
CITY OF VALENZUELA
Metropolitan Manila

Page No. 2 SANGGUNIANG PANLUNGSOD


Ordinance No. 96
Series of2013

WHEREAS, there is a need to regulate all billboards within the terri


jurisdiction ofthe City of Valenzuela to prot€ct the public investrnent in streets, highways,
and other public improvements; prevent confusion, and impairment of the visibility of
motorists and pedesfians; and in order to protect and improve the public healttr, safety,
I and general welfare;
)
NOW THEREFORE, be it
ORDAINED, as it is hereby ORDAJNED, by the
1
Sangguniang Panlungsod ng Valenzuela in session duly assembled the following;

SECTION L. TITLE - This shall be known as the "BILLBOARD REGULATION


E ORDINANCE OF VALENZUELA CITY",

SECTION 2. DEFINITION OF TERMS -


BILLBOARDS - An attention-getting device utilizing the ever
evolving various technologies in signage design
and use; or a display panel for posting
advertising materials consisting of a support
srudure, which is usually composed of metal
and/or reinforced concrete frames, a display or
message area, a lighting system and related
components. The term also refers to dl types of
identification, description, illustration, images, \
pictures, display or device which is affixed to or
represented directly or indirectly upon a support
structure or land and which directs attention to a
product, place adivity, person, institution,
business, idea or belief.

For purposes of this Ordinance, a device or panel


-\
shall be considered a billboard if its height
exceeds three (3) meters and up to a maximum 4..
of twenty five (25) meters.

BILLBOARD OWNER - any individual, partnership or corporation


applying with the City Government for the
placement and display ofa billboard. This term
shall extend to anyone deriving any rights over
the original billboard applicant and shall include
lessee, assignees, Eansferees and any
successors-in-interest
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Republic of the PhiliPPines
CITY OF VALENZUELA
Metropolitan Manila

SANGGUNIANG PANLUNGSOD \
Page No. 3
Ordinance No. 96
Series of 2013

WALL. M OU N TED BI LLBO ARD - a type of billboard which is affixed to or


represented directly upon a wall of a building or
I
structure"

SECTION 3. COVERAGE - This Ordinance hereby regulates the installation and


display of billboards in the City of Valenzuela and provides for penalties for violations ot_ i'
yl the same and shall cover existing and proposed billboards within the City's jurisdiction.

SECTION 4.
AUTHORIZED BILLBOARD SIZES - Only billboards with sizes of r
either 6.00 meters bY 8.00 meters or 8.00 meters by 12 meters up to two hundred twenty
five (225) square meters shall be allowed depending on the location, the stability of
upright supports and its compliance with the setback requirements and zoning
classification of the site.

E Only wall mounted billboards with frame shall be allowed but the same shall not
exceed 8.00 meters by L2 meters in size.

SECTION PROHIBITION UNDER THE NATIONAT BUILDING CODE - AII


5.
private commercial billboards installed oyer or across and along public thoroughfares,
center islands and street rights-of-way, whether it be National Road or Secondary Road are
strictly prohibited pursuant to Rule V of the lmplementing Rules and Regulations of the
National Building Code of the Philippines [P'D. 1096)'

SECTIoN6.REQUIREMENT'FoRISSUANCEoFBILLBoARDPERMITAND
REGUI,ATED ACTMTIES - No billboard permits shall be issued by the City Government
unless the following requirements are complied with by the billboard owner/applicant:

a. Billboard structures equipped with electrical devices shall have an electrical


wiring plan conforming to the latest provisions of the Philippine Electrical code
duly signed by a professional Electrical Engineer;
b. ln areas near electrical distribution facilitiesincluding that of any power

s substations and power lines, the minimum horizontal distance measured from
thepropertylineabuttingtheRoadRightofway[RRow]andalladioining
propertiestothenearestbaseofthesignstructureshallbetheheightofthe
structure Plus three meters;
c. Submission of a signed structural plan, structural computation and design
analysis duly signed by a Iicensed structural engineer; and
\
d. certification of the billboard owner/applicant ensuring the stability of the
upright supports of the billboard and its compliance with the setback
requirements and zoning classification of the City for the area where the
lboard be constructed;
4
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Republic of the Philippines


CITY OF VALENZUELA
Metropolitan Manila
Page No. 4
SANGGUNIANG PANLUNGSOD
Ordinance No. 96
Series of 2013

e. Written undertaking by the billboard owner, its contractor, lot owner and r
building owner if applicable that the billboard, its structure and its construction
methodology fully satisS the safety standards required thereof and that the )

public is protected and safe from the same and towards that end they shall all be
lointly and severally liable for whatever harm and iniury may befall to any , I
person or property by reason thereof.
,-
All billboard owners or applicants shall observe the following requirements
regulations, to wit:
f. lmmediately lower the advertising materials (tarpaulin and the likes) ;16r".u ;, ,t----1-
notification of an inclement weather bringing unpredictable wind surge and
when Philippine Atmospheric, Geophysical and Astronomical Services
Administration issues a typhoon bulletin (signal #1) in the area where the
billboard is located;

C. Shut off all neon and high wattage lightings of the billboard at 11:00 o'clock in
V, the evening in relation to Section 18 of Presidential Executive Order No' 774
entitled 'Organizing the Presidential Task Force on Climate Chonge";
h. Conduct routine maintenance work to ensure stability of the sign or signboard
struCtureineveryoccurrenCeoftyphoon,strongwindandearthquake;and
i. Ensure that the billboard, its structure and its construction methodology, is
compliant with the safety standards under existing laws and regulations;

i. Ensure that the billboard shall not cause undue hazard or danger to the public;

k Provide accurate translation in English or in Filipino of foreign text in the


advertisement appearing on the billboard; and
l. Shall not construct billboard without securing permit from the City Covernment

Any violation of this provision shall be a ground for denial of application of permit
or revocation of existing permil Further, the City Government may confiscate and/or
abate those billboard and advertisement which are in violation or not compliant with this
provision.

SECTION 7. PROHIBITED ACTS AND ADVERTISING DIATENAI,S - ThC fOIIOWiNg


acts shall be prohibited under this Ordinance:
a. No billboard shall be located in a position that obstructs or obscures the view of

s b.
vehicular or pedestrian traffic in such a manner as to endanger the safe
movement thereof;

No billboard shall be constructed as to unduly obstruct the natural view of the


landscape, distract, or obstruct the view of tlre public as to constitute a traffic
hazard, or otherwise defile, debase or offend aesthetic and cultural values and
Republic of the Philippines
CITY OF VALENZUELA
Metropolitan Manila

SANGGUNIANG PANLUNGSOD
\
Page No. 5
Ordinance No. 96
Series of 2013

c. No billboard shall be erected or maintained upon or above the roof of any


building or structure unless certified to be structurally sound by a Licensed
Structural Engineer as approved by the City Engineer;
d. No part or foundahon or support ofany billboard shall be placed on, in, or over
any public property, including public rights-of-way, or any utility or drainage
easement, or upon telephone or utility poles, or natural features such as trees
r)
and rocks; t

e. No billboard shall be constructed on a lot where it obscures or shades


windows or doorways of adjacent buildings;
f. No billboard shall be permitted which, because of its size, shape, or location, may
obscure or obsruct the view of vehicular or pedesEian traf;Ec or be confu
wit}l any authorized raffic conrol sign, signal, or device; and

h, g. Except in cases of wall-mounted billboards, which shall be subiect to tle


provisions of this ordinance, no billboard shall be erected within a One Hundred
Meter [100m) radius from the nearest property line of any commercial or
residential establishmen! whetler inhabited or noL

The following signs and advertising materials shall be prohibited under this
Ordinance:

a. Dazzling signs and neon signs;


b. Advertisement of cigar and cigarettes, tobacco, liquor and prohibited drugs;
c Exhibit or graphic display of sexuality and nudity that is offensive to public
morals;
d. Adverfisement of birth control devices or birth control medicines, formulated
milk for infants under 1 year old, underwear and other sensitive products; and
e. other signs that will pose danger and nuisance to the motorist or may cause
inconvenience to the general public; and
a
I f. All other prohibited advertising materials under existing laws are hereby also
prohibited under this Ordinance.

SECTION a, TRANSITION PERIOD - Existing billboard owners shall be given a


period of one year from the effectivity of this ordinance to comply and conform with the
requirements, regulation and prohibition under this ordinance. After the one-year period,
this Ordinance shall be enforced in ful! effect.

Existing billboards on roof top or on top of buildings prior to the effectivity of this
Ordinance shall not be covered by the prohibitions mentioned in Section 7(c). However, no

?
sign building permits shall be issued to billboard owners without submission of
cerEification of onitoring and preventive maintenance repoG and certification from
1

Republic of the Philippines


CITY OF VALENZUELA
Metropolitan Manila I

SANGGUNIANG PANLUNGSOD
Page No. 6
Ordinance No.96
Series of 2013
N

licensed structural engineer regarding the stability and integrity of billboard frame.
Billboard owners shall also comply with the standard size mentioned in Section 4 of this N
Ordinance.

Upon the expiration of t}le transition period, billboards which do not conform to this

E Ordinance shall be subject to the provisions of Sections 15 hereof.

sEcrIoN 9. APPRowNc AUTfloNry - The city Mayor or his duly authorized


representative upon the recommendation of the Building official shall be the approving
autlority in the issuance of permit/clearance in the installation and display of billboards in
the City ofValenzuela

sEcrIoN lo.
CERTIFIQATE oF usE - prior totheissuanceof certificate of use by
the Building official, the city Engineering ofifice shalr assess all the
deta s pertaining to the
planned billboard, including its dimensions, the lot where the billboard
will tre placed, and
documents ascertai nlng ownership or lease ofthe property for
the construction.

sEcrIoN 11.
TIME AND pENoD oF IN|TALLATIhN - The time and period
of
installation and display ofbiilboard shar be determined
by the approving authority and be
sFictly observed and complied witlr.

sEcrIoN 12. RE0UIRED BILLB,AfrL ,ERMIT INF,R ATI,N -


The folrowing
must be indicated at the bottom right corner of tlre billboard,
written in bold letters not less
than ten (10) centimeters high, readable a ground level:

s 1

2
Name of advertiser and its affiliated billboard associatioU
Contact or telephone number of the private advertiser
if unaffiliated or if
affi liated, the advertiser,s affi liated billboard association.
Immediatery after the lapse or expiration of the permit

I owner/permittee/requesting party shall undertake the appropriate


and dismantling of the billboard. otherwise, the city Engineering
shall undertake the removar of the samu, chirging tJre
the owner/permitee/requesting party concerned.
to install/dispray,
removal disposition
office of valenzuera city
cost/expenses incurred therefor to

SECTION 13. BILLBOARD FEE - The billtroard fee ro be


collected shall depend on
the s ize of installation/display of billboards, which shall be com puted
at ONE HUNDRED
TEN [P110.00) per square meter.

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Page No. 7
Republic of the PhiliPPines
CITY OF VALENZUELA
Metropolitan Manila

SANGGUNIANG PANLUNGSOD
.<, I

Ordinance No. 96
I
Series of 2013

the owner/operator has not changed the subiect of the billboard upon renewal of
If
the permit/clearance, the owner/operator shall be charged only with FIVE HUNDRED
PESOS (P500.00) renewal fee.

If the owner/operator has changed the subject matter, the owner/operator shall be
required to apply for a new billboard certificate ofuse and pay the corresponding fees
therefor.

SECTION l+. IMPLEMENTING OFFICE - The City Mayor thru the Task Force
Disiplina created under Ordinance No. 92, or City Engineering Office or his authorized
representative shall be the authority to enforce the provisions of this Ordinance'

SECTION 15. AUTHONTY TO DENOLISH -The City Mayor thru the Task Force
Disiplina and/or City Engineering Office or his duly authorized represenative is hereby
given autlority to demolish, abate and confiscate dl billboards and materials used for \
installation and consruction of the same, without valid permit and found by tlte latter to be
unsafe, dangerously *treatening and hazardous to the public without any need for a prior
court order, subject to all laws and existing rules and regulation. This authority indudes
entering the premises of the lot or building where the billboard is located to effect said
demolition.

Those billboards with expired permits shall also be covered by this provision. Cost
of removal, abatement and demolition of the billboard under this provision shall be
charged by the City Government to the billboard owners or operators.
s.-
SECTION 16. NOTICE OF REQUIREMENT - The City Mayor thru the Task Force
Disiplina or City Engineering Office or his authorized representative shall issue a written
notice to the billboard owner found to be violating this Ordinance to conform and comply
with the Ordinance within fifteen (15) days from receipt of the same or to remove or
demolish the same at its expense. Non<ompliance with said notice shall cause the Task
Force Disiplina or the Engineering Office, upon prior authority of the City Mayor or his duly
authorized representative, to proceed with the demolition, removal and confiscation of the
subiect billboard.

"v
SECTION 17. ADMINISTRATIVE PENALTY - Any person, corporation, partnership
r entity found violating any of the provision of this
llowing penalties:
shall be meted with the 4
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Republic of the Philippines
CITY OF VALENZUELA \
Metropolitan Manila

Page No. I SANGGUNIANG PANLUNGSOD


--*-a
Ordinance No.96 I
Series of 2013

g FIRST OFFENSE FIVE THOUSAND PESOS (P5,000.00)


N
\.
SECOND OFFENSE EIGHT THOUSAND PESOS (P8,000.00)

THIRD OFFENSE TEN THOUSAND PESOS [P10,000.00) \


FOURTH AND FINAL OFFENSE Demolition of the subject billboard. The cost of
demolition shall also be shouldered by the owner
and the demolished structure shall be confiscated in
favor of the City Government

A surcharge of twenty five percent (2570) ofthe penalty shall be added for failure to
pay within seven [7) days from receipt ofnotice thereof.

SECTION 18. PENAL PROVISIONS - Any person, corporation, parurership or


entity found violating Section 6, (i) and [i) and Sedion 7 , (a), (c) and (d) of t]is Ordinance
shall upon conviction be punished by a fine of FIVE THOUSAND PESOS (P5,000.00) or
imprisonment not exceeding one (1) year or botlr fine and imprisonment at the discretion
o court.

Further, the permits of those establishments found violating this Ordinance shall be
revoked and the billboards and materials used for installation and construction thereof
shall be confiscated.

The same penalty shall be imposed on the Lot or Building Owners or Administrators
who refuse to allow the duly authorized personnel of the City Government of Valenzuela
from entering dreir lot or building premises for inspection of billboards and its structures
and/or dismantling/demolition of the same upon order and under the authority of the City
Mayor.

s\\ SECTION 19 .IMPLEMENflNG RULESAND GUIDELNES - The Engineering OfEcs


upon prior approval by the City Mayor, is hereby directed to issue the Implementing Rules
and Guidelines governing billboards which shall include a billboard assessment
methodolory/system on the basis of elements which may potentially affect road safety
such as locatiorl surroundings and designs of the billboard. This ordinance confirms the
authority ofthe Office ofthe City Mayor to issue "lnterim Guidelines' governing billboards
prior to the enactrnent of this Ordinance and the same, if not contrary to the provisions
hereof, shall form part of this Ordinance.
_t5
SECTION 20, SEPARABILITV CLAUSE - Should any section or provision of this
Ordinance be declared as unconstitutional or invalid, other provisions, which are not
4-
thereby, shall continue to be in full force and effect
Republic of the Philippines
CITY OF VALENZUELA
Metropolitan Manila

Page No. 9
SANGGUNIANG PANLUNGSOD
Ordinance No.96
Series of 2013

SECTION 27,
REPEALING CLAUSE - Except as otherwise provided herein, all

g Executive Orders, Administrative Regulations, City Ordinances, City Resolutions, Barangay


Ordinances, and Barangay Resolutions, which are inconsistent with and contradidory to
any ofthe provisions of this Ordinance are hereby repealed or modified accordingly'

SECTION 22, EFFECTIVIflI -


This Ordinance shall take effect in accordance with
Article 1.14 of the Rules and Regulations Implementing the Local Government Code of 1991,
that is, on the day following its posting at conspicuous places in the City for a minimum
period of three [3) consecutive weeks and its publication in a newspaper of general
circulation within the territorial jurisdiction ofthe City, whichever occurs later.

ENACTED.
NOVEMBER 11, 2013.
VALENZUELA ETROPOLITAN MANIIIT.

HON, AN R ESPIRITU HON. ROSALIE ESTEBAN.CAYCO


Coun or Councilor
Malority Flo Leader Minority Floor Leader

LINO G. MORELOS HON. LORENA TIVIDAD.BORIA


Councilor Co cilor
Assistant Ma! rity Floor Leader

0.- ;
HO DREW M. FELICIANO HON. olltsco
cilor Cou cilor

g
HO .co N A. CORTEZ HON. KIM N D.V. GALANG
oun r Councilor
I

HON. N AU ; C. ALEIANDRINO HON. C *klM, /PINEDA


Coun or Councilor

-:--
H
# E I IN
Councilor
E ON. KRISTI
Co lor
ME T, SY
Republic of the Philippines
CITY OF VALENZUELA
Metropolitan Manila

SANGGUNIANG PANLUNGSOD
Page No, 10
Ordinance No.95
Series of 2013

L. ENCARNACION HON. FELICIANO


Councilor Councilor
(Presideng League of Barangays) (president, of Sangguniang Kabataan)

ATTESTED:

Fllluo c.
Secretary

CERTIFIED CORRECT;

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2
HON,
M.
ng Officer
City Vice Mayor

HON.
GATCHATIAN
Cite
Date Signej:

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Nl 4--

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