Sang Gun Ian Draft Ordinance - Mooring Buoys

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SANGGUNIAN DRAFT ORDINANCE NO.

______ - 2011_____ AN ORDINANCE REQUIRING ALL ISLAND RESORTS TO DESIGNATE AND PUT UP A MOORING BUOY FOR ALL TOURISM RELATED BOATS. Authored by: HON. ELEUTHERIUS L. EDUALINO Co-Authored by: HON. FERNNIE MAE C. ASUNCION BE IT ORDAINED by the Sangguniang Panglungsod of Puerto Princesa, by virtue of the powers vested in it by law, in session assembled, THAT: Section 1. Title. This Ordinance shall be known as the Mooring Buoy Ordinance of Puerto Princesa City. Section 2. Scope of Application. This Ordinance shall apply to all island resorts owned by persons, entities or enterprises, government and non-government organizations and instrumentalities to the extent provided in the Ordinance. Section 3. Coverage - All island resorts conducting business in the municipal waters of the City of Puerto Princesa are required to install at least one (1) mooring buoy or additional

mooring buoys that is proportionate to the number of tourist boats arrival on the island and 150 meters away from the lowest tide as designated by the Philippine Coast Guard, CENRO D.E.N.R., and City Planning and Development Office.
Section 4. This Ordinance shall form part of the requirements for the issuance of the Mayors Permit for island resorts. Section 5. The Location of Mooring buoys the possible locations of the mooring buoys based on the studies of the City Planning and Development Office in consultation with the Office of the City Agriculturist and the Philippine Coast Guard are the following:

Section 6. Mooring buoy minimum requirements Section 7. Exemption a. In cases where there are sudden change of weather to bad. big waves or rough seas, in the interest of safety all boats can moor on the island shore line itself.

b. In cases of majority of the tourist guest being senior citizens on a tourist boat can moore on the island itself.
Section 8. Designation of a Loading/Unloading Area Twenty Five percent (25%) of the total beach area shall be designated by the island resort as loading and unloading area. Section 9. Beach Landing Tourist Boats are allowed only to moor on the ten percent (10%) of the total beach area of the island itself on a first come, first serve basis. Once such percentage of the total beach is full, tourist boats must moor on the mooring buoy. Section 10. Flat Boat All island resorts are hereby required to provide a flat boat which can be used to ferry the crew of the boat tourist from the boat tied to a mooring buoy into the island itself. Section 11. Penalties The imposable penalties for non compliance by the island resort owners with the provisions of this Ordinance are as follows: 1st offense a penalty of Php. 1,000.00; 2nd offense a penalty of Php 2,500.00 and suspension of Mayors Permit; 3rd offense a penalty of Php 5,000.00 and revocation of Mayors Permit. Intentional taking, intentional destruction, theft, defacement and all other acts on shall have be penalized with a fine of Php 5,000.00. Section 12. Implementation The City Planning and Development Office shall be tasked with the implementation of this Ordinance in coordination with the City Tourism Office, Philippine Coast Guard, Marina, and CENRO D.E.N.R. Section 13. Maintenance All island resorts shall be tasked with the maintenance of their respective mooring buoys, Section 14. Transitory Provisions - Whenever provisions of this Ordinance are inadequate to a given situation, the applicable provisions of the National Laws and Administrative guidelines shall apply in suppletory capacity. Section 15. Separability Clause - The provisions of this Ordinance are hereby declared to be separable, and in the event that one or more of the provisions hereof are held illegal or unconstitutional by competent authority, the validity of the other provisions shall not be affected thereby. Section 16. Repealing Clause All Executive Orders and other local legislations inconsistent with the provisions of this Code are hereby repealed accordingly. Section 17. Effectivity This Ordinance shall take effect fifteen (15) days following its full publication. SO ORDAINED.

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mooring buoys in violation of the Revised Penal Code and other appropriate special laws

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