Republic of the Philippines

Province of Davao del Norte

CITY OF TAGUM

BEFORE THE 5TH CITY COUNCIL

EXCERPT FROM THE MINUTES OF THE 19TH REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD
OF THE CITY OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON NOVEMBER 15, 2010 AT THE SP
SESSION HALL.

PRESENT:
Hon. ALLAN L. RELLON, MPA, City Vice Mayor (Presiding Officer)
Hon. DE CARLO L. UY, Member
Hon. ROBERT L. SO, Member
Hon. JOEDEL T. CAASI, Member
Hon. OSCAR M. BERMUDEZ, Member
Hon. ALAN D. ZULUETA, Member
Hon. GETERITO T. GEMENTIZA, Member
Hon. TRISTAN ROYCE R. AALA, Member
Hon. FRANCISCO C. REMITAR, Member
Hon. CYRIL LEONARD L. MURING, Member (SKF Representative)
ON OFFICIAL BUSINESS:
Hon. MARIA LINA F. BAURA, Member
Hon. NICANDRO T. SUAYBAGUIO, JR., Member
ON SICK LEAVE:
Hon. ALFREDO R. PAGDILAO, Member (ABC Representative)

CITY ORDINANCE NO. 454, s-2010

“AN ORDINANCE REVISING MUNICIPAL ORDINANCE NO. 23, SERIES OF 1991, “AN ORDINANCE
REGULATING THE NOISE POLLUTION GENERATED BY ALL MOTOR VEHICLES WITHIN THE
MUNICIPALITY OF TAGUM AND PROVIDING PENALTIES FOR VIOLATION THEREOF.”

BE IT ENACTED by the Sangguniang Panlungsod of Tagum in session assembled, that:

Section 1. The Municipal Ordinance No. 23, series of 1991, “An Ordinance regulating the
noise pollution generated by all motor vehicles within the Municipality of Tagum and providing
penalties for violation thereof”, which read as follows:

“An Ordinance regulating noise pollution generated by all motor vehicles within the Municipality
of Tagum and providing penalties for violation thereof.”

BE IT ENACTED by the Sangguniang Bayan of Tagum, Davao in session assembled, that:

SECTION I. The provisions of this ordinance shall be applicable to all motor vehicles
within the entire territory and jurisdiction of the Municipality of Tagum and shall be enforced by
the PNP Tagum Station thru its Traffic Division.

SECTION II. Owners/Operators of all motor vehicles shall be required to install

functional mufflers/anti-noise devices in their vehicles to reduce noise pollution.

SECTION III. The Traffic Division of the Philippine National Police in coordination with the
Land Transportation Office shall be empowered to examine and check all motor vehicles
covered by this ordinance.

SECTION IV. Information dissemination to all drivers and owners must be done from the
time of the approval of this ordinance up to the time of its effectivity as stated in Section VII of
this ordinance.

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(Excerpt from the Minutes of the 19th Regular Session/November 15, 2010) Page 2
CITY ORDINANCE NO. 454, s-2010, cont’d:

SECTION V. Penalty Clause.

Violations of the provisions of this ordinance shall be treated in accordance with the
following:

a. First Offense - warning

b. Second Offense - a fine of P100.00
c. Third Offense and Subsequent Offenses - a fine of P500.00or imprisonment of
not more than ten (10) days or both at the discretion of the court.

SECTION VI. Repealing Clause

Any ordinance or parts thereof inconsistent with the provisions of this ordinance are
hereby repealed and/or superseded accordingly.

SECTION VII. Effectivity

The provision of this ordinance shall take effect on January 1992.

IS HEREBY REVISED TO READ AS FOLLOWS:

“AN ORDINANCE PROHIBITING NOISE POLLUTION CAUSED BY ALL MOTORCYCLES WITHIN THE
TERRITORIAL JURISDICTION OF THE CITY OF TAGUM AND PROVIDING PENALTIES FOR VIOLATION
THEREOF.”

ARTICLE 1 – TITLE OF THE ORDINANCE

Section 1. This ordinance shall be called, “An anti-Noise Pollution Ordinance caused by
all Motorcycles of the City of Tagum.”

Section 2. Definition of Terms – For purposes of this ordinance the following words/phrases
as used in this ordinance shall mean:

a. Drag Pipe – a modified muffler device attached to a motorcycle with a long straight
cylindrical barrel that merged roundedly at each end into the pipe to accelerate the
noise from the exhaust of an internal combustion engine.
b. Muffler/Silencer – a device to reduce or absorb the noise from the exhaust of an internal
combustion engine.
c. Modified Muffler – a device attached to a motor vehicle which was changed in the form
or character and varies from its intended purpose on which a sound booster and other
sound emitting device is installed in order to increase noise and for other purposes.
d. Modified Motorcycle – a motorcycle in which the manufacturer’s design was altered
such as handle bars, plastic covers and mufflers.
e. Noise – shall mean any unnecessary, discordant, loud or blaring sound which annoys,
disturbs, distracts or offends the senses at short or long intervals or that which exceeds
eighty (80) decibels.
f. Traffic Enforcers – any person or persons duly authorized by the City Mayor to man the
smooth flow of traffic within the territorial jurisdiction of the City of Tagum.

ARTICLE II – MOTORCYLE

Section 3 –

a. No motorcycle, motorbike, scooter, modified motorcycle, tricycle whether for private use
or for hire shall use modified muffler, or any device that will increase the noise of said
vehicle. Such vehicle shall be provided at all times with silencers or mufflers that are in
good working condition while operating or traversing the main streets in the City of
Tagum.

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(Excerpt from the Minutes of the 19th Regular Session/November 15, 2010) Page 3
CITY ORDINANCE NO. 454, s-2010, cont’d:

b. No motorcycle, motorbike, scooter, modified motorcycle, tricycle whether for private use
or for hire shall emit a sound of more than eighty (80) decibels at 2000 (rpm) rounds per
minute while plying the streets of the City of Tagum.

c. Every motorcycle with an internal combustion engine shall at all times be equipped with
a muffler which is in good working order and in constant operation to prevent excessive
or unusual noise. The use of an open pipe or drag pipe type muffler is strictly prohibited
within the territorial jurisdiction of the City of Tagum. Its long straight cylindrical barrel
could accelerate a disturbing sound even within the limit of 2000 (rpm) rounds per
minute.

d. Every motorcycle with an internal combustion engine shall at all times not exceed the
speed limit o f 50 (kph) kilometers per hour within the territorial jurisdiction of the city.

e. For precautionary measures, the use of modified motorcycles beyond the sound limit
permitted is hereby prohibited within the territorial jurisdiction of the City of Tagum.
However, as such is being permitted when any individual, group or association of
motorcycle riders will be having an event or celebration promoting their programs. In this
case, the party or its representative will request a permit from the traffic division (3) three
days before the said event or depending on the celebration itself as the case may be;
provided however, that visitors traversing the highways of the city coming from the
neighboring town or cities will be exempt from the full force of this ordinance due to lack
of information.

Section 4- The City Mayor of Tagum or any of his duly authorized representative shall
conduct an inspection of motorcycles once a year plying the streets of the city for purposes of
measuring the sound emitted by such vehicle using an Audio Meter (sound metering device)
and enforcing compliance with the requirements of the proceeding Section of this Ordinance.
An inspection fee of one hundred (P100) pesos shall be paid to the City Treasurer by the
motorcycle owner or operator before issuance of a Certificate of Compliance with a sticker
signifying the compliance thereat which in like manner, the said owner or operator will attach
the same at the body or any portion of the motorcycle thereof for a trouble-free identification
during the regular inspection.

ARTICLE III - PENALTY

Section 5 - The violation of this ordinance shall be treated with the following provisions:

1st Offense - One Thousand Five Hundred Pesos (P1,500.00);

2nd Offense - Three Thousand Pesos (P3,000.00);
3rd Offense - Five Thousand Pesos (P5,000.00) or shall be imprisoned for not less
than thirty (30) days nor more than sixty (60) days or both at the
discretion of the court.

ARTICLE IV - MISCELLANEOUS PROVISIONS

Section 6 – Enforcement – The Tagum City PNP thru its Traffic Division shall be the lead
agency in the implementation of this ordinance in coordination with the Land Transportation
Office. They are clothe with the authority to apprehend and issue Citation Ticket to any person
driving or operating a motorcycle in violation of this ordinance.

Section 7 – Repealing Clause. The provisions of all ordinance, rules and regulations which
are inconsistent with or contrary to the provisions of this ordinance are hereby repealed,
amended or modified accordingly.

Section 8 – Separability Clause. If any provisions or portions of this ordinance is found to

be a violation of the constitution and declared invalid by a court of competent jurisdiction and
provisions or portions thereof which are not so declared, shall remain to be in full force and
effect.

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(Excerpt from the Minutes of the 19th Regular Session/November 15, 2010) Page 4
CITY ORDINANCE NO. 454, s-2010, cont’d:

Section 9 – Effectivity Clause. This ordinance shall take effect upon approval and
publication in a local newspaper of general circulation.

CARRIED AND APPROVED.

ENACTED AND PASSED this 15th day of November, 2010.

I HEREBY CERTIFY to the correctness of the foregoing.

(Sgd) REY A. BUHION

Secretary to the Sanggunian

ATTESTED AND CERTIFIED

TO BE DULY ENACTED:

(Sgd) ALLAN L. RELLON, MPA

City Vice Mayor
(Presiding Officer)

APPROVED:
(Sgd) REY T. UY
City Mayor

(Nov. 24, 2010)

date

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