ORDINANCE NO.

___________________

AN ORDINANCE PROHIBITING THE PASSAGE OF ALL CARGO

TRUCKS (TRUCK BAN) IN CERTAIN ROADS/BRIDGES AT
SPECIFIED PERIODS AS PROVIDED HEREIN, INCLUDING THE
PARKING THEREOF AND THE STOPPING TO LOAD OR UNLOAD
CARGOES, AND PROVIDING A PENALTY FOR VIOLATION
THEREOF.

WHEREAS, Article 2, Section 5 of the Constitution, provides that: “The maintenance of

peace and order, the protection of life, liberty, and property, and promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of democracy”;

WHEREAS, Section 16 of RA 7160, otherwise known as the Local Government Code,

provides that:

“Every local government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance, and those which are essential
to the promotion of the general welfare. Within their respective territorial
jurisdictions, local government units shall ensure and support, among other
things, the preservation and enrichment of culture, promote health and safety,
enhance the right of the people to a balanced ecology, encourage and support the
development of appropriate and self-reliant scientific and technological
capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and
order, and preserve the comfort and convenience of their inhabitants.”

WHEREAS, Silay City, being a highly-populous area, the number of cargo trucks and
other big vehicles that are plying its major thoroughfares continue to increase thereby causing
more traffic congestion;

WHEREAS, the City Government of Silay wishes to alleviate and improve the traffic
problem within the major thoroughfares of Silay as an effective measure of traffic control
management.

WHEREAS, the increase in activity of these heavily loaded trucks within Silay City will
likewise increase the risk of fatal accidents, not to mention the damage caused to public
roads/bridges and structures;

WHEREAS, the bulk and size and their sheer number does not only worsen traffic but
also poses threats to health, property, and safety of the residents of Silay City due to spillage and
abandonment of hazardous loads or cargo on public roads/bridges by these heavily loaded trucks.

WHEREAS, in legitimate exercise of its autonomy and police power, and in

consideration of the general welfare of its residents, the City Government of Silay sees it
imperative to prohibit the passage of all cargo trucks (truck ban) in certain roads/bridges at
specified periods as provided herein, including the parking thereof and the stopping to
load or unload cargoes, within the territorial jurisdiction of Silay City;

NOW, THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG

PANGLUNGSOD OF THE CITY OF SILAY, BY VIRTUE OF THE POWERS VESTED
IN IT BY LAW, IN ITS REGULAR SESSION ASSEMBLED, THAT:

SECTION 1. TITLE. This Ordinance shall be entitled:

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 “AN ORDINANCE PROHIBITING THE PASSAGE OF ALL CARGO TRUCKS
(TRUCK BAN) IN CERTAIN ROADS/BRIDGES AT SPECIFIED PERIODS AS
PROVIDED HEREIN, INCLUDING THE PARKING THEREOF AND THE STOPPING
TO LOAD OR UNLOAD CARGOES, AND PROVIDING A PENALTY FOR VIOLATION
THEREOF”

SECTION 2. DEFINITION OF TERMS. As used in this Ordinance, the following

terms shall mean:

a. Cargo Trucks - motor vehicles, principally intended for carrying cargo, to include
other vehicles such as lorries, vans, tankers or other delivery vehicles, whether loaded
or empty, having a gross/increase capacity weight of more than 10,000 kilograms.

b. Light Trucks - motor vehicles, principally intended for carrying cargo, to include
other vehicles such as vans, dump trucks, and other delivery vehicles, whether loaded
or empty, having a gross capacity weight of more than 4,500 kilograms but less than
10,000 kilograms.

c. Truck Ban – shall mean the prohibition of the passage of cargo trucks in certain
roads/bridges at specific periods as provided herein, including the parking thereof and
the stopping to load or unload cargoes.

d. Regulated Roads/Bridges – shall refer to any alley, street, roads/bridges, or any

thoroughfare wherein the truck ban shall be enforced as provided herein.

e. Regulated Period – shall refer to the period within which the truck ban shall be
enforced as provided herein.

SECTION 3. REGULATED ROADS/BRIDGES. It shall be unlawful for cargo/light

trucks to enter and pass, and to park as well as load or unload cargoes at the following regulated
roads/bridges, to wit:

a. All City Roads, including but not limited to, Rizal Street, starting from Bangga
Buenavista, Brgy. Guinhalaran, up to Bangga (Crossing) AIDSISA, Brgy. Lantad,
Silay City;
b. J. Pitong Ledesma Street, Starting from Corner Bacolod-Silay Airport Access Road
(BSAAR) up to Corner Rizal-McKinley Streets, Silay City;
c. Imbang Bridge, along AIDSISA Road, Brgy. E. Lopez, Silay City;
d. Malibog Bridge, along AIDSISA Road, Brgy. E. Lopez, Silay City.

SECTION 4. REGULATED PERIOD. Cargo/Light trucks shall be banned from

entering and/or passing regulated roads/bridges and to park as well as load or unload cargoes
thereat from:

a. CARGO TRUCKS - Monday to Sunday;

b. LIGHT TRUCKS - Monday to Friday, from 6:00AM to 8:00AM, and
from 4:00PM to 6:00PM.

SECTION 5. EXEMPTIONS. Trucks belonging to the following entities shall be

exempted from the truck ban, to wit:

a. Those which are registered in the name of any government office, agency, or unit
including the Armed Forces of the Philippines, the Philippine National Police, the
Bureau of Fire Protection, the Bureau of Jail Management and Penology, Philippine
Postal Corporation, and other motor vehicles duly marked as such, as well as
emergency vehicles such as, but not limited to, fire trucks, ambulances, and the like;

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 b. Emergency crew trucks of utility companies, if undertaking installation, repair, or
maintenance operations of their utility services;
c. Light trucks carrying perishable goods, provided that, a prior truck ban permit
exemption has been secured from the Traffic Authority Board of Silay City (TABS).
d. Cargo Trucks which are granted exemptions, if the circumstances so warrant, but
subject to the regulated periods and routes designated by the Traffic Authority Board
of Silay City (TABS).

SECTION 6. POSTING OF SIGNS. Upon effectivity of this Ordinance, appropriate

signs shall be posted at all entry points and/or outlets of such regulated road, informing the
motorists concerned about the regulations herein contained.

SECTION 7. PENAL PROVISION. Any person who violates the provisions of this
Ordinance shall be punished in accordance with the following schedule of fines and penalties:

First Offense – a Fine of One Thousand (P1,000.00) Pesos

Second Offense – a Fine of Three Thousand (P3,000.00) Pesos

Third Offense - a Fine of Five Thousand (P5,000.00) Pesos

and/or imprisonment of not less than Seven
(7) days but not more than One (1) month,
at the discretion of the court.

In addition to the above-stated penalties, a penalty of One (1) month suspension of

Franchise, Business or Mayor’s Permit shall be imposed to the juridical person/entity who owns
the vehicle used in violating this Ordinance.

In all cases, the vehicle used in violating this Ordinance shall be towed and impounded
by the traffic authorities and shall only be released after the payment of the
corresponding fines/penalties as well as the necessary towing and storage/impounding fees.

Violation of this Ordinance is without prejudice to any act that the violator may have
committed which is punishable under the Revised Penal Code and other pertinent law, rules and
regulations.

SECTION 8. SALE OF UNCLAIMED IMPOUNDED VEHICLES. All motor

vehicles impounded by law enforcement officers in violation of this Ordinance, which, after a
period of three (3) months from the date of its seizure have remained unclaimed or whose real
owners could no longer be determined or established because the original numbers of the motor
engine or chassis numbers could no longer be determined and restored, are considered as
abandoned motor vehicles and shall be sold and disposed of by the City Treasurer in a public
auction; Provided, that, in all cases before any public auction is effected, there shall be published
once a week for three (3) consecutive weeks in a newspaper of general circulation within the
province or in the place where it was seized or impounded, a description of the motor vehicle
intended to be auctioned with a notice that after the lapse of one month from the date of the last
publication, should no person file a claim for the recovery of the same, said motor vehicles will
be sold at public auction; Provided, finally that the date and place of the public auction to be
conducted by the City Treasurer or his authorized representative shall already be fixed in the last
publication aforementioned.

SECTION 9. PROCEEDS OF THE SALE. After the public auction, the proceeds shall
be applied to answer for charges including storage and cost of publication and related expenses
incurred in connection therewith; provided, that, the remainder, if any, shall form part of a Trust
Fund that will be used to defray the cost of operations of the Silay City Government’s traffic
management unit who shall determine how the trust fund is to be utilized in furtherance of this
Ordinance.

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 SECTION 10. SHARING OF PROCEEDS FROM THE ADMINISTRATIVE
PENALTIES. The amount of the corresponding penalty paid by a violator to the City Treasurer
shall be apportioned where the equivalent of ten per cent (10%) shall accrue to the apprehending
officer or deputized enforcer as an incentive. The remainder of the proceeds from penalties
collected as payment by violators, after deducting the amounts that shall accrue to the
apprehending officers or deputized enforcers, shall form part of the abovementioned Trust Fund.

SECTION 11. IMPLEMENTING RULES AND REGULATIONS. The Office of the

City Mayor is hereby authorized to issue implementing rules and regulations which are
necessary to carry out the purpose herein above stated.

SECTION 12. SEPARABILITY CLAUSE. If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 13. REPEALING CLAUSE. All ordinances inconsistent with any provision
of this Ordinance are hereby repealed or modified accordingly.

SECTION 14. EFFECTIVITY CLAUSE. This Ordinance shall take effect immediately
upon the date of its approval.