republic of the philippines province of ilocos sur city of

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1 Republic of the Philippines Province of Ilocos Sur CITY OF VIGAN OFFICE OF THE SANGGUNIANG PANLUNGSOD THIRD CITY COUNCIL ORDINANCE NO. 04 Series 2009 AN ORDINANCE ENACTING THE ENVIRONMENT CODE OF THE CITY OF VIGAN CHAPTER I GENERAL PROVISIONS SECTION 1. TITLE - This ordinance shall be known as the Environmental Code of the City of Vigan. SECTION 2. RATIONALE. The City of Vigan, like many cities in the Philippines and around the world, is facing significant environmental challenges. These challenges include among others, poor air quality, deteriorating soil and water quality, rapidly declining agricultural and fishery resources, and questions about the long term sustainability of land and water resources. The Comprehensive Environment Plan (CEP) and this Code are Vigan’s commitment to take the remaining steps needed to make the city clean and green. The ultimate goal of the CEP and this Code is to put the City on a path towards long term environmental sustainability. This code is enacted pursuant to the provisions of 1987 Philippine Constitution, particularly Article II – Section 16, which mandates the state to protect and advance the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature; Republic Act No. 7160, also known as the Local Government Code of 1991, particularly Sections 2(a), 2(c), 3(d), 3(e), 3(f) up to 3(m), 5(a), 16, 17, 26, and 27, 33, 34, 35, 36, 129, 186, 289, thereof; including Sections 389(b) (9), 444 (b) (3) (vii), 455 (b) (3) (v), and 465 ( b) (3) (v), which mandates the Municipal Mayor, City Mayor, and Provincial Governor, respectively, to adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources as well as Section 447 (a) (1) (vi), Section 458 (1) (vi), and Section 468 ( a) (1) (vi), which provide for the authorities of the Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang Panlalawigan, respectively, to protect the environment and impose appropriate penalties for acts which endanger the environment such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources, products and endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of euthrophication of rivers and lakes, or of ecological balance, and to institute sustainable development and management of the environment and natural resources; the 1987 Philippine Constitution, Article I – National Territory, Article II Section 15, right to health of the people, Section 16, right to a balanced and healthful ecology, Sections 13, 14, 18, 22 and 23, Rights of various sectors: youth, women, labor, indigenous communities, NGOs and POs/associations to participate in nation building, Article XII – National Economy and Patrimony Sections 2-5, Article XIII Land Reform and Natural Resources Section 6 & 7; Presidential Decree 1151 & 1152 – Philippine Environmental Policy & Philippine Environment Code of 1977 respectively to promote specific environmental policies and programs on environmental protection and management, and prescribing environmental quality standards.

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Page 1: Republic of the Philippines Province of Ilocos Sur CITY OF

1

Republic of the Philippines

Province of Ilocos Sur

CITY OF VIGAN

OFFICE OF THE SANGGUNIANG PANLUNGSOD

THIRD CITY COUNCIL

ORDINANCE NO. 04

Series 2009

AN ORDINANCE ENACTING THE ENVIRONMENT CODE OF THE CITY OF VIGAN

CHAPTER I

GENERAL PROVISIONS

SECTION 1. TITLE - This ordinance shall be known as the Environmental Code of the City of

Vigan.

SECTION 2. RATIONALE. The City of Vigan, like many cities in the Philippines and around

the world, is facing significant environmental challenges. These challenges include among

others, poor air quality, deteriorating soil and water quality, rapidly declining agricultural and

fishery resources, and questions about the long term sustainability of land and water resources.

The Comprehensive Environment Plan (CEP) and this Code are Vigan’s commitment to take the

remaining steps needed to make the city clean and green. The ultimate goal of the CEP and this

Code is to put the City on a path towards long term environmental sustainability.

This code is enacted pursuant to the provisions of 1987 Philippine Constitution, particularly

Article II – Section 16, which mandates the state to protect and advance the right of the people to

a balanced and healthful ecology in accordance with the rhythm and harmony of nature;

Republic Act No. 7160, also known as the Local Government Code of 1991, particularly

Sections 2(a), 2(c), 3(d), 3(e), 3(f) up to 3(m), 5(a), 16, 17, 26, and 27, 33, 34, 35, 36, 129, 186,

289, thereof; including Sections 389(b) (9), 444 (b) (3) (vii), 455 (b) (3) (v), and 465 ( b) (3) (v),

which mandates the Municipal Mayor, City Mayor, and Provincial Governor, respectively, to

adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other

resources as well as Section 447 (a) (1) (vi), Section 458 (1) (vi), and Section 468 ( a) (1) (vi),

which provide for the authorities of the Sangguniang Bayan, Sangguniang Panlungsod, and

Sangguniang Panlalawigan, respectively, to protect the environment and impose appropriate

penalties for acts which endanger the environment such as dynamite fishing and other forms of

destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources,

products and endangered species of flora and fauna, slash and burn farming, and such other

activities which result in pollution, acceleration of euthrophication of rivers and lakes, or of

ecological balance, and to institute sustainable development and management of the environment

and natural resources; the 1987 Philippine Constitution, Article I – National Territory, Article II

Section 15, right to health of the people, Section 16, right to a balanced and healthful ecology,

Sections 13, 14, 18, 22 and 23, Rights of various sectors: youth, women, labor, indigenous

communities, NGOs and POs/associations to participate in nation building, Article XII –

National Economy and Patrimony Sections 2-5, Article XIII Land Reform and Natural

Resources Section 6 & 7; Presidential Decree 1151 & 1152 – Philippine Environmental Policy &

Philippine Environment Code of 1977 respectively to promote specific environmental policies

and programs on environmental protection and management, and prescribing environmental

quality standards.

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This code is enacted pursuant to the “earth summit” Forum from which Philippine Agenda 21

emanates where the rights of human being, the center of concerns for sustainable to a “healthy

and productive life in harmony with nature.”

SECTION 3. POLICY - It is hereby declared as a continuing policy of the state:

(a) To protect and advance the right of the people with the balance and helpful ecology in accord with the rhythm and harmony of nature;

(b) To create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other;

(c) To fulfill the social, economic and other requirements of present and future generations and;

(d) To ensure the promotion of health and protection of life and environment. (e) To recognize the adopting of generally accepted principle of international law as part of

the law of the land and adheres to the policy of cooperation and amity with all nations.

SECTION 4. MANDATE - The City Government is committed to a clean and green city

where cultural heritage is preserved. The City recognizes that the foundation of sound

environmental programs is a well informed and involved citizens in decisions affecting the

environment. Environmental laws and the provisions of this code shall be fully, strictly and fairly

enforced.

In pursuing this mandate, it shall be the responsibility of the City Government, in

cooperation with concerned government agencies and civil societies and other entities, to use all

practicable means, consistent with other essential considerations of national policy, in promoting

the general welfare to the end that the City may:

(a) Recognize, discharge and fulfill the responsibilities of each generation as trustee and

guardian of the environment for succeeding generations;

(b) Assure the people of a safe, decent, healthful, productive and aesthetic environment;

(c) Foster the widest utilization of the environment without degrading human life, health

and safety nor creating conditions adverse to agriculture, commerce, industry ,and local

culture;

(d) Preserve important historic and cultural aspects of the City’s heritage;

(e) Attain a rational and orderly balance between population and resource use;

(f) Sustain the utilization of renewable and non-renewable natural resources, and;

(g) Encourage the people to contribute in the preservation and enhancement of the

environment.

SECTION 5. GOVERNING LAWS. : The pertinent provisions of this Code shall be governed

by, but not limited to, the following laws:

1. 1987 Philippine Constitution; 2. United Nations Convention on International Trade in Endangered Species of Wild

fauna and flora;

3. United Nations Kyoto Protocol to the UN Framework Convention on Climate Change;

4. United Nations Law of the Seas; 5. Republic Act 7160, Local Government Code of 1991; 6. Presidential Decree No. 1152, Philippine Environment Code; 7. Republic Act 7586, National Integrated Protection Areas System Act of 1992; 8. Republic Act 9003, Ecological Solid Waste Management Act with IRR

9. Republic Act 8749, Philippine Clean Air Act with IRR 10. Republic 8435, Agriculture and Fisheries Modernization Act of 1997 11. Republic Act 8550, Philippine Fisheries Code of 1998 12. Republic Act 7942, Philippine Mining Act of 1995 with IRR 13. Republic Act 7076, Small-Scale Mining Law of 1991 14. Republic Act 6969, Toxic Substances and Hazardous and Nuclear Waste Control Act

of 1990

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15. Republic Act 9275, An Act Providing for a Comprehensive Water Quality

Management and other Purposes

16. Republic Act 9147, Wildlife Resources Conservation and Protection Act

17. Republic Act 3571, An Act to prohibit the cutting, destroying or injuring of planted or growing trees, allowing plants and shrubs or plants of scenic value along public

roads, in plazas, parks, school premises or in any other public ground;

18. Republic Act 9513, Renewable Energy Act of 2008 19. Presidential Decree No. 856, Code of Sanitation of the Philippines 20. Presidential Decree 1067, Water Code of the Philippines as Amended;

21. Presidential Decree No. 705, as amended (Revised Forestry Code of the Philippines)

22. Presidential Executive Order No. 263 (Community Based Forest Management

Strategy)

23. Presidential Decree No. 1586, establishing an Environmental Impact Statement

System Including Other Environmental Management Related Measures and for Other

Purposes

24. Presidential Decree 979, Providing for the revision of Presidential Decree no. 600 governing marine pollution

25. Presidential Decree 984, National Pollution Control Decree of 1976 26. Presidential Decree 1198, Requiring all individuals, partnerships, corporations

engaged in exploration development and exploitation of Natural Resources or in the

Construction of infrastructure projects to restore or rehabilitate areas subject thereof

or affected thereby to its original condition.

27. DENR Administrative Order No. 30, Series of 1992 entitled “Guidelines for the

Transfer and Implementation of DENR Functions Devolved to the Local Government

Units”

28. Executive Order 247, Series of 1995 entitled “ Prescribing Guidelines and

establishing a regulatory framework for the prospecting of biological and genetic

resources, their by – products and derivatives for scientific and commercial purposes,

and for other purposes”

29. Executive Order 446, Series of 1997, Mandating the Phase-out of leaded gasoline as

one of the means of solving air pollution.

30. Provincial Ordinance No. 1, Series of 2004, Environment Code of Ilocos Sur 31. Other applicable laws and DENR administrative orders consistent with the purposes

and intent of this code.

SECTION 6. RESOURCE MANAGEMENT FRAMEWORK. The City Government of

Vigan shall adopt a Resource Management Framework in accordance with applicable national,

regional, provincial and city development plans for the effective implementation of this code.

SECTION 7. RULES OF CONSTRUCTION. - In construing the provisions of this Code, the

following rules of construction shall be observed unless otherwise inconsistent with the manifest

intent of the provisions or when applied they would lead to absurd or highly improbable results.

a. General Rule. All words and phrases shall be construed and understood according to

the common and approved usage of the language; but technical words and phrases and

such other words in this Code which may have acquired a peculiar or appropriate

meaning shall be construed and understood according to such technical, peculiar or

appropriate meaning.

It is hereby ordained that should there be ambiguity of words, phrases, sections, articles

and/or chapters herein, the same shall be construed in favor of the environmental

protection and concern.

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b. References. All references to the “Chapters”, “Articles” or “Sections” are to chapters,

articles or sections in this Code unless otherwise specified.

SECTION 8. DEFINITION OF TERMS - As used in this Code, the following words and

phrases shall be defined as follows:

a. Advertisement - any public announcement or notice of a business, product,

profession or activity.

b. Aramang - small, pinkish shrimp found seasonally in salty waters belonging to Acetes

species.

c. Agricultural waste - refer to waste generated from planting or harvesting of crops,

trimming or pruning of plants, animal manure and waste or run-off materials from farm

or fields.

d. Animated Sign - any sign that uses movement or change of lighting to depict action or

create a special effect or scene.

e. Artificial Reefs - refer to all forms of substitute sanctuary for marine products in the

sea waters of Vigan made by marginal fishermen, cooperatives, civic groups or

government agencies such as but not limited to tire reefs, “payaos”, floaters and the like.

f. Banner - any sign of lightweight fabric or similar material that is securely mounted to a

pole or a building. National flags, local flags, or the official flag of any institution or business shall not be considered banners.

g. Banner (Commercial) - any banner on which appears any commercial message.

h. Banner (Noncommercial) - any banner containing no commercial message.

i. Bannasi - is an indigenous trap and it is shaped “W” with the arms curled inwards. A

later version of the fish trap uses screen wire as materials.

j. Beacon - any light with one or more beams directed into the atmosphere or directed at

one or more points not on the same zone lot as the light source; it also includes any light with one or more beams that rotate or move.

k. Billboard - a flat surface or board usually located outdoors on building walls or

independently erected by wood or steel structure, on which advertisements or announcements are posted.

l. Bio-degradable/compostable - refer to any solid waste that is recognizable as part/s of plants or animals that can undergo composting process, including, but not limited to:

(i) Food waste/kitchen waste, peelings, leftovers, vegetable trim, fish/fowl/meat/animal entrails/innards cleanings, soft shells, seeds, etc. (ii) Agricultural/garden waste, leaves, weeds, flowers, twigs, branches, stems, roots, inedible seeds/fruits etc.

(iii) animal waste, manure, carcasses etc.

m. Biological Diversity - means the variability among living organisms from all sources

including terrestrial, marine, and other aquatic ecosystem and the ecological complexes

of which they are part, this includes diversity within species between species and

ecosystems (n)

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n. Buffer Zone - refers to an area delineated by law to provide the authenticity of setting

and protection of the core zone as defined above. It includes the Govantes River in the north,

the wooded area across the Mestizo River on the east, the area between Abaya Street and

Diego Silang Street on the south; includes the Vigan Central School but excludes the New

Public Market; includes the Vigan Cemetery and some traditional timber houses on both

sides of the southern end of Quezon Avenue; excludes the heavily rebuilt Mabini and

Bonifacio Streets, the area on both sides of West Bonifacio Street; the area on both sides of

P. Gomez Street until Burgos Street; both sides of J.P. Rizal Street and ends at the north bank

of the Govantes River.

o. Building Marker - any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

p. Building Sign - any sign attached to any part of a building, as contrasted to a freestanding sign.

q. Bukatot -it is a passive net with “V” shaped arms that serve as leaders and a purse that

serve as a catchment for aquatic resources.

r. Cadastral Survey - refers to all surveys made of extensive areas consisting of several lots

for cadastral registration proceedings, agricultural development, or for any purpose pursuant

to the provisions of pertinent land laws.

s. Canopy Sign - any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

t. Changeable Copy Sign - a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance.

u. Carbureted Two-Stroke Engines- a kind of engine that burns a combination of oil and

fuel, and which produces more toxic fumes and irritant in the air thereby causing more

pollution in comparison to a Four-Stroke Engine.

v. Carbureted Four-Stroke Engine- a kind of engine that separates oil and fuel, and which

emits less toxic fumes and irritants in comparison to Carbureted Two-Stroke Engine.

w. Cease and Desist Order - refers to an Order issued by the Pollution Adjudication Board

requiring respondents to refrain from further operating their establishment, machines,

equipment or other facilities generating or causing pollution.

x. City Fishing Vessel - refers to fishing vessel using three (3) gross tons or less.

y. City Waters - include not only streams, lakes and tidal waters situated within the

territorial limits of the City, not being the subject of private ownership and not comprised

within national parks, public forests, timber lands, forest reserves or fishery reserves, but also

marine waters included between two lines drawn perpendicular to the general coastline from

points where the boundary lines of the City touch the sea at low tide and a third line parallel

with the general coastline and fifteen (15) kilometers of marine waters between them, the

third line shall be equally distant from opposite shores of the respective municipalities,

pursuant to Section 131(r) of the Local Government Code of 1991.

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z. Coastal Area/Zone – is a band of dry land and adjacent ocean space (water and

submerged land) in which terrestrial processes and uses directly affect oceanic processes and

uses, and vice versa. Its geographic extent may include areas within a landmark limit of one

(1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water

ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit

of 200 meters isobath to include coral reefs, seagrass beds ad other soft bottom areas. (n)

aa. Collection - shall refer to the act of removing solid waste from the source or from

communal storage point.

bb. Collection Schedule - refer to the designated time and day of garbage collection in a

route.

cc. Collection equipment - refer to the vehicle used in the gathering of stored solid waste set

out for collection.

dd. Commercial Fishing - fishing beyond the City Waters with a radius of fifteen kilometers

(15 kms.) from the shoreline with the use of fishing boat more than three (3) gross tons.

ee. Commercial Hog Raising - the raising of swine or sow exceeding thirty (30) heads for

breeding or fattening purposes.

ff. Commercial Message - any sign wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

gg. Commercial Poultry Raising - the raising of broiler or layer chicken exceeding One

Thousand (1,000) heads for egg or meat production.

hh. Communal Forest - refers to a tract of forest land set aside by the Secretary of the

DENR for the use of the residents of a municipality from which said residents may cut,

collect and remove forest products for their personal use in accordance with existing laws

and regulations

ii. Community Environment and Natural Resources Office (CENRO) - refers to the

DENR office headed by a Community Environment and Natural Resources Officer which is

responsible for the implementation of DENR policies, regulations, programs, projects and

activities in the community level.

jj. Community-Based Forestry Project - refers to DENR developmental projects involving

local communities which include the Integrated Social Forestry Project, family and

community contract reforestation, Forest Land Management Agreement (FLMA),

Community Forest Program and other similar projects.

kk. Contract Reforestation - the implementation of reforestation activities, including

establishment, maintenance and protection of forest plantations and nursery preparations,

through written agreements with the private sector such as families, communities and

corporations and/or with the public sector like local government units (LGUs) and other

government agencies (OGAs). It shall also include contracts for surveying, mapping and

planning, comprehensive site development and monitoring and evaluation and other activities

involved in or related reforestation.

ll. Composting - refer to the controlled decomposition of organic matters or bio-degradable

solid wastes by micro-organism, mainly bacteria, fungi and activators, into a humus-like

product.

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mm. Core Zone - shall refer to the L-shape configuration encompassing the two (2) plazas,

Burgos and Salcedo and the formal buildings around on the north and north-west end; the

entire Mestizo district centered on four (4) main streets: Gov. A. Reyes Street, Plaridel Street,

Crisologo Street and V. delos Reyes Street bounded by Diego Silang Street on the southern

end.

nn. Cutting of Trees- the permanent removal and extinction of trees already planted or

growing, including the centuries-old trees that are treasured legacies of ancestors which are

part and parcel of Vigan’s rich heritage.

oo. Damaging a Tree- any act of cruelty of a person or persons that will cause harm and

injury to a tree without justifiable cause or logical reason.

pp. Deconcentration - refers to increased and further delegation of functions responsibilities

and authority and field offices. This also involves the deployment of personnel from the

central office and bureaus to the field offices in order to perform the increased functions and

responsibilities.

qq. Deep Well – an underground source of water from beneath shallow impermeable strata.

rr. Destruction of a Tree - an act of a person or persons in destroying a tree without

justifiable reason and due regard for its importance in environmental protection.

ss. Devolution - refers to the act by which the national government confers and transfers

powers and authority, performed by its agencies, together with the corresponding personnel,

equipment, assets, liabilities, records and other appurtenances, to the various LGUs to

perform specific functions and responsibilities.

tt. Direct Injection Retrofit Technology – a technological alteration to an existing

Carbureted Two-Stroke Engine which replaces the carburetor with an in-cylinder fuel

injector, providing for significant reductions in tailpipe smoke and harmful emissions, as well

as increased fuel economy, as compared to carbureted engines.

uu. Disposal - refer to the discharge, deposit, dumping, spilling, leaking or placing of any

wastes into or in any land and water.

vv. Ecotourism refers to a nature-based activity managed by the local community with

government support whose primary goals are conservation and enhancement of natural

resources while providing economic benefits to the local community

ww. Election Propaganda - shall include pamphlets, leaflets, cards, decals, stickers or other

handwritten or printed materials, cloth, paper or cardboard posters, whether framed or posted,

urging voters to vote for or against any particular candidate or political party.

xx. Emission – refers to the act of passing into the atmosphere an air contaminant, pollutant,

gas stream and unwanted sound from a known source

yy. Environment – refers to the quantity, quality and sustainability of renewable and non-

renewable natural resources, including the ambient environment such as the atmosphere,

climate, sound and odors that are critical determinants of the quality of life. In a broad sense,

it shall include the total environment of man such as economic, social, cultural, political and

historical factors.

zz. Environment and Natural Resources Officer (ENRO) - refers to the LGU official who

may be appointed by the concerned Local Chief Executive and who shall be directly

responsible for the planning and implementation of the devolved DENR functions to the

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LGUs, pursuant to Section 484 of the Local Government Code of 1991. It shall refer to the

Vigan City ENR Officer of this Code.

aaa. Environmental Compliance Certificate (ECC) - refers to the

license/permit/authorization which DENR issued in favor of proponents, projects of which

have been reviewed, evaluated and finally approved by DENR pursuant to PD 1586 as well

as Proclamation No. 2146 otherwise known as Environmental Impact Assessment System.

bbb. Environmentally Critical Areas (ECA) – refer to those socially, ecologically and

geologically sensitive areas declared by law or valid proclamation as:

(i) Areas of natural parks, watershed reserves, wildlife preserves and sanctuaries;

(ii) Areas set aside as scenic/aesthetic and potential tourist spots;

(iii) Areas which are the habitat of endangered species;

(iv) Areas possessing unique historic, archaeological or scientific interests;

(v) Areas traditionally occupied by indigenous communities in relation with R.A.

8371;

(vi) Areas with critical slopes;

(vii) Areas frequently visited by natural calamities;

(viii) Prime agricultural lands;

(ix) Recharge areas of acquifers

(x) Water bodies;

(xi) Mangrove areas;

(xii) Coral reefs;

(xiii) Mossy and virgin forests;

(xiv) River banks and;

(xv) Swamplands and marshlands

ccc. Environmentally Critical Projects (ECP) – these include heavy industries, resource

extractive industries, fishery projects, major dams, power plants, roads and bridges.

I. Heavy Industries

a. Non-Ferrous metal Industries b. Iron and Steel Mills c. Petroleum and Petro-chemical industries including oil and gas d. Smelting plants

II. Resource Extractive Industries

a. Major Mining and Quarrying Projects b. Forestry Projects (Logging, Major Wood Processing projects, introduction

of fauna (exotic animals in public/private forests, forest occupancy,

extraction of mangrove products, grazing)

c. Fishery projects (Dikes for fishpond development project) III. Infrastructure Projects

a. Major dams b. Major power plants c. Major reclamation projects d. Major roads and bridges

IV. Golf Course Projects

ddd. Environmental Impact Assessment (EIA) – the process of predicting the likely

environmental consequences of implementing projects or undertakings and designing

appropriate preventive, mitigating and enhancement measures.

eee. Environmental Impact Statement (EIS) – the document(s) of studies on

environmental impacts of a project including the discussion on direct and indirect

consequences upon human welfare and ecological and environmental integrity. The EIS may

vary from project to project but shall contain in every case all relevant information and

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detailed about the proposed project or undertaking and including environmental impacts of

the project and the appropriate mitigating and enhancement mechanism.

fff. Establishments - refer to any structure or building used principally in conducting

ones trade, business, or profession.

ggg. Fishing Boat - includes all kinds of boat such as but not limited to bancas, sailboats,

motorized bancas, or any other type of watercraft, whether licensed or not, used for fishing

purposes.

hhh. Fishing with the use of fine meshed nets - means fishing with the use of nets whose

mesh size is less than three (3) centimeters when stretched between two opposite knots.

iii. Fishery - is the business of catching, taking, handling, marketing and preserving fish or

other fishery/aquatic products, the fishing grounds and the right to fish or take such product

therefrom.

jjj. Fish and Fishery Aquatic Products - fish includes all fishes and other aquatic animals

such as crustaceans (crabs prawns, shrimp and lobsters), mollusk (clam, mussels, scallops)

oysters, snails and other shell fishes.

kkk. Fish Coral or “Baklad” – a stationary wire or traps devised to intercept and capture

fish, consisting of rows or stakes bamboo mating or wire/netting with one or more enclosures

usually with easy entrance but difficult exit, and with or without leaders to direct the fish to

the catching chambers or purse.

lll. Fish Pen - fish enclosure made up of closely woven bamboo screens, nylon screens, or

other materials attached to poles staked to the water area for the purpose of growing and/or

culturing fish to various sizes.

mmm. Fish Cage - a stationary or floating fish enclosure made of synthetic net,

wire/bamboo screens or other materials set in the form of an inverted mosquito net (“hapa”

type) with or without cover with all sides either tied to post stalked to the water bottom or

with anchored floats aquaculture purposes.

nnn. Fisherfolks - people directly or personally and physically engage in taking and/or

culturing or processing fishery and/or aquatic products.

ooo. Fishpond - a land base facility enclosed with earthen stone materials to impound water

for growing fish.

ppp. Flag - any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

qqq. Foreign-Assisted Projects - refers to DENR projects which are wholly and/or partially

funded by foreign sources.

rrr. Freestanding Sign - any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure.

sss. Green Sea Turtle – a sea turtle common in tropical or subtropical seas.

ttt. Ground Water – a subsurface water that occurs beneath a water table insoils and rocks

or in geological formations. (n)

uuu. Hazardous waste - shall refer to solid waste or combination of solid waste which

because of its quantity, concentration, or physical, chemical or infectious characteristics may:

cause, or significantly contribute to an increase in mortality or an increase in serious

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irreversible, or incapacitating reversible, illness; or pose a substantial presence of potential

hazard to human health or the environment when improperly treated, stored, transported, or

disposed of, or otherwise managed.

vvv. Homeowner- refers to the owner, lessee, or any person who holds any title or interest in

a house or similar structure.

www. Initial Environmental Examination (IEE) - refers to the document required of

proponents describing the environmental impact of and mitigation and enhancement

measures for projects or undertakings located in an Environmentally critical area, including

areas outside the coverage of the Philippine Environmental Impact Assessment System.

xxx. Incidental Sign - a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking "entrance", "loading only", "telephone", and other similar directives.

yyy. Ipon - newly zygote fish, scientifically known as Sycyopterus Lachrymosus.

zzz. Irrigation Well – a well that utilizes water for growing agricultural crops.

aaaa. Leachate - refer to the liquid produced when waste undergo decomposition that can

contaminate the water supply or source.

bbbb. Litter materials – include, but not limited to cigarette butts, cigarette packs,

candy/food wrappers, carton/paper/plastic bags, masticated chewing gum, fruit seeds and

remains, among others.

cccc. Local Water Utility Suppliers - any district, city, municipality, province, investor-

owned public utility or cooperative corporation which owns or operates a water system

serving an urban center in the Philippines, except that said term shall not included the

Metropolitan Waterworks and Sewerage System (MWSS) or any system operated by the

Bureau of Public Work as successor to the Wells and Springs Department of the National

Waterworks and Sewerage Authority.

dddd. Lot Survey - refer to the survey of specific lots particularly private lands.

eeee. Lumberyard - refer to an area or space principally for the storage of lumber and other

construction materials, whether open space or inside a building for “bodega” or warehouse

type of storage, for purposes of the owner to sell or offer to sell the same, or for using the

same in a construction business.

ffff. Mangroves - a community of intertidal plants including all species of trees, shrubs,

vines or herbs found on coast swamps or border of swamps (i.e. “bakawan”, “kandaruma”).

gggg. Marginal Fishermen - refers to persons engaged in subsistence fishing which shall be

limited to the sale, barter or exchange of marine products caught by themselves and/or

members of their immediate family, and whose annual net income from such fishing does

not exceed Fifty Thousand Pesos (P50,000.00) or the poverty line established by NEDA for

the particular region or locality, whichever is higher.

hhhh. Marquee - any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

iiii. Marquee Sign - any sign attached to, in any manner, or made a part of a marquee.

jjjj. Minerals - refers to all naturally occurring inorganic substance in solid, gas, liquid, or

any intermediate state excluding energy materials such as coal, petroleum, natural gas,

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radioactive materials, and geothermal energy.

kkkk. Mineral Land – refers to any area where mineral resources are found;

llll.. Mining Areas- refers to a portion of the contract area identified by the contractor for

the purpose of development, mining, utilization, and sites for support facilities or in the

immediate vicinity of the mining operations.

mmmm. Mining Operation – refers to mining activities involving exploration, feasibility,

development, utilization, and processing.

nnnn. Mineral Resource – refers to any concentration of minerals/rocks with potential

economic value.

oooo. Modified 3-Compartment Septic Tank - this is a proposed model type of septic tank

in which the usual second compartment called the leaching chamber is further subdivided

into two (2) compartments in order that the percolating liquid (as water) will be free from

unhygienic odor and undissolved solid wastes; thus yielding a more efficient and hygienic

system of waste disposal.

pppp. Monument Sign - a freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

qqqq. National Integrated Protected Areas System (NIPAS)- is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible as provided in RA 7586, otherwise known as the NIPAS Act of 1992.

rrrr. Non-biodegradable/Recyclables - refer to any solid waste materials retrieved from the

waste stream and free from contamination that can still be converted into suitable beneficial

use or for other purposes, including, but not limited to:

(a) Metals, tin cans, aluminum, iron, lead, copper, silver, etc.;

(b) Glasses, bottles, cullets (broken glass), sheets (shards), mirrors, bulbs, etc. ;

(c) Plastics, polyethylene (bags), polypropylene (straws), jute sacks/containers,

polyurethane (foam mattress), polystyrene (Styrofoam), polyvinyl (pipes, tubes,

linoleum), polyacetate (fibers, rayon cloth);

(d) Rubber (natural and synthetic tires, goods, etc.;

(e) Papers, dry papers card boards, etc.;

(f) Dry processed fibers; cloth, twine etc.;

(g) Dry leathers, skin, feathers, etc..;

(h) Hard shells;

(i) Bones, rocks and ceramics; and other materials as may be determined by the National

Solid Waste Management Commission.

ssss. Nonconforming Sign - any sign that does not conform to the requirements of this code.

tttt. Non-Resident - a person dwelling or having an abode or entity which does business or

maintain an office outside of the city.

uuuu. Open spitting and nose blowing - reckless spitting and nose blowing without proper

usage of any material or hand to cover the mouth or nose posing unsightly and/or unhygienic

effect on the environment.

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vvvv. “Otoshi-Ami” or “Lambaklad” - is an impounding net in the form of a huge heart-

shaped compound, fixed and held in place. It is maintained in form either by stakes or by a

combination of floats or buoys and weight or anchors.

wwww. Pennant - any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

xxxx. Persons - include not only natural persons but also juridical one such as associations,

partnerships, cooperatives and/or corporations.

yyyy. Portable Sign - a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, but not including trailer signs (as herein defined); signs converted to A- or T-frames; menu or sandwich board signs; spring board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of a business. zzzz. Production Forest – refers to areas with slope form 0-50 percent, developed to supply commercial timber and on-timber products such as bamboo, rattan, horticulture crops, (e.g. fruit.nut trees), mangrove, gums and resins, spices, fiber trees, vines, palms or combination thereof.

aaaaa. Projecting Sign - any sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall. bbbbb. Protected Area – refers to identified portions of land and water set aside by law by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation as provided in RA 7586, the National Integrated Protected Area System (NIPAS) Act of 1992. ccccc. Protection Forest – refers to areas regardless of slope which are highly erodible or too rocky for establishment of production forests, developed for the primary objective of establishing vegetative cover to prevent erosion, conserve and produce water and nurture wildlife. ddddd. Public consultation - refers to a process of information dissemination and gathering

of opinions from the public to ensure that their concerns are integrated into the process of

environmental impact assessment.

eeeee. Public official - any person who by direct provision of the law, popular election or

appointment by competent authority, shall take part in the performance of public functions in

the Government of the Philippines, or shall perform in said government or in any of its

branches public duties as an employee, agent or subordinate official, of any rank or class.

fffff. Public parks/plazas/grounds/roads - all government-owned land within the

jurisdiction of Vigan City, including the Plaza Burgos, Plaza Salcedo, Plaza Encarnacion,

Filipino-Spanish Friendship Park at Mira Hills, Provincial Capitol/Jail/Library, Gabriela

Silang General Hospital, Fr. Burgos House/National Museum, Barangay halls/plazas/multi-

purpose halls (“ermitas”), national/provincial/city/Barangay roads, and other public

properties.

ggggg. Public places - refer to roads, parks, pavements or streets, sidewalks, public

buildings, and other places where the public in general have a right to be.

hhhhh. Public utility vehicle - refer to tricycles, jeepneys, mini buses, buses and other

vehicles offering service to the public with compensation that ply the streets of Vigan City.

iiiii. Quarrying - the process of extracting, removing and disposing quarry resources found

on or underneath the surface of private or public land.

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jjjjj. Quarry resources - refers to any common rock or other mineral substances as the

Director of Mines and geosciences Bureau may declare to be quarry resources such as, but not

limited to andesite basalt, conglomerate, coral sand, diatomaceous earth, diorite, decoative

stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks,

rhyolite,, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic

glass: Provided , That such quarry resources do not contain metals or metallic constituents

and/or other valuable minerals such as kaolin, feldspar, bull quartz, quartz or silica, sand and

pebbles, bentonite, talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica,

precious and semi-precious stones, and other non-metallic minerals that may later be

discovered and which the Director declares the same to be of economically workable

quantities, shall not be classified under the category of quarry resources.

kkkkk. “Rama” - it is an indigenous fish aggregating device made of locally available

materials like twigs, sticks, boulders and stones where the materials are filed together to

create a haven to fish, crabs and shrimps.

lllll. Recreation Forest – refers to a tract of public forest land, forested or non-forested and

may contain both production and protection forest, developed for the additional or primary

purpose of providing non-destructive recreational pursuits such as but not limited to

camping, bush walking, bird watching, mountaineering and nature observations/studies.

mmmmm. Recycling - refers to the treating of used or waste materials through a process of

making them suitable for beneficial use and for other purposes and includes the process by

which solid waste materials are transformed into new products in such manner that the

original products may lose their identity and which may be used as raw materials for the

production of other goods and services.

nnnnn. Resident - a person dwelling or having an abode or an entity which does business or

maintain an office in the city for a continued length of time.

ooooo. Residential Sign - any sign that contains no commercial message, except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the City’s zoning ordinances.

ppppp. Resource Recovery - refers to the collection, extraction or recovery of recycled

materials from solid waste for the purpose of recycling, generating energy or producing

product suitable for beneficial use.

qqqqq. Re-use - refers to the recovery of materials intended to be used again either for the

same or different purpose without altering their physical and chemical characteristics.

rrrrr. Roof Sign - any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Roof signs as defined under this code are not permitted.

sssss. Roof Sign, Integral - any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.

ttttt. Scavenging - refers to the act of collecting stored waste discharge with the purpose of

getting recyclable materials.

uuuuu. Schools - all educational institutions in Vigan City, such as the Divine Word

College, Ilocos Sur National High School, Nan Chong School, University of Northern

Philippines, Vigan Seminaries, all public elementary schools and day care centers in the

barangays, and all other private schools.

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vvvvv. Scoping - refers to the stage in the EIA System where information and assessment

requirement are established to provide the proponent with a scope of work for the EIS.

wwwww. Segregation - refers to solid waste management practice of separating different

materials found in solid wastes in order to promote recycling and reuse of resources and to

reduce the volume of waste for collection and disposal.

xxxxx. Segregation at source - refers to a solid waste management practice of separating, at

the point of origin, different materials found in solid waste in order to promote recycling and

reuse of resources and to reduce the volume of waste for collection and disposal.

yyyyy. Sign - any device used for the purpose of advertisement or propaganda, and shall

include signboards, billboards, streamers, posters and other forms or advertisement or

propaganda printed on any material and attached to any post, tree, wall fence, or other

structure along a public street or alley within the City of Vigan;

zzzzz. Small scale fishing - fishing utilizing boats of three (3) gross tons or less, or using

gears not requiring the use of boats.

aaaaaa. Solid Waste - this refers to any formed or shaped substances that are disposed into

the septic tank, catch basin and sewerage system. These solid wastes are in the form of

human excreta, left over foods, and other types of trash which may cause clogging of canals

and the sewerage system as a whole. It also refers to all discarded household, commercial

waste, non-hazardous industrial and institutional waste, street sweepings, construction debris,

agricultural waste and other non-hazardous/non-toxic solid waste which can be divided into

under three (3) categories, namely Biodegradable/compostable, non-

biodegradable/recyclables and special wastes/non-recyclables.

bbbbbb. Solid Waste Management - refers to the discipline with control on generation,

segregation, storage, collection, transfer, processing and disposal of solid waste in a manner

that is in accord with the best principles of public health, economics, engineering,

conservation, aesthetics and other environmental considerations and that is also responsive to

public attitudes.

cccccc. Solid waste generator - refers to a person, natural or juridical, who last uses a

material available for disposal or recycling.

dddddd. Source reduction - refers to the reduction of solid waste before it enters the solid

waste stream by methods such as products design, material substitution, material re-use

packing restriction.

eeeeee. Special waste - refers to solid wastes from residential and commercial sources that

comprise of bulky wastes, including but not limited to consumer electronic goods, batteries,

oil and tires; and household hazardous wastes such as paints, thinners, household batteries,

lead-acid batteries, spray canisters and the like. These wastes are usually handled separately

from other residential and commercial wastes.

ffffff. Springboard Sign - a temporary sign that moves upon springs and which otherwise meets the specifications for a PORTABLE SIGN as defined herein.

gggggg. Store - an establishment with selling as the principal activity and purpose.

hhhhhh. Store space - the inside area of a store where merchandise are displayed and

stocked within the volume of capacity of the available area inside; it excludes the space

outside the store.

iiiiii. Streamer - is defined the same as a pennant for purposes of this code.

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jjjjjj. Superlight - also called magic light. A type of light using halogen or metal halide

bulbs which may be located above sea surfaced or submerged on the water. It consists of a

ballast/regulator, electric cable and socket. The source of energy comes from a generator,

battery or dynamo coupled with the main engine.

kkkkkk. Surface Water – all water which is open to the atmosphere and subject to surface

runoff.

llllll. Suspended Sign - a sign that is suspended from the underside of a horizontal plane

surface and is supported by such surface

mmmmmm. Temporary Sign - any sign which is not permanently mounted and displayed for a period not to exceed sixty (60) days.

nnnnnn. Town proper of Vigan - the area of the City presently comprising Barangay I to

IX, bounded on the north by the Govantes River, on the East by the Mestizo River, on the

west by the boundaries of Barangay VII and Ayusan Norte and Barangay IV and Ayusan

Norte, and on the south by the creek and boundaries of Barangay IX and Tamag, and

Barangay VIII and barangays Tamag and Paoa.

oooooo. Trailer Sign - any sign designed to be transported by means of wheels, whether or

not the wheels remain attached, located on the ground and permanently attached thereto and

which is usually a two-sided sign and including any single or double surface painted or poster

panel type sign or any variation, thereof.

pppppp.Transfer station - shall refer to those facilities utilized to receive solid waste

temporarily store, separate, convert, or otherwise process the materials in the solid waste, or

to transfer directly from smaller to larger vehicle for transport to its final destination, to

composting plant, material recovery facility or dumpsite/landfill.

qqqqqq. Transient - a person who stays briefly in the City.

rrrrrr. Vigan Heritage Village - the area of the city’s core and buffer zones as described,

delineated and provided with boundaries in the Vigan Master Plan Map Business Center,

Catholic Cemetery, Plaza Maestro, and the ancestral houses and ancestral lands, among

others.

ssssss. Wall Sign - any sign attached parallel to, but within six (6) inches of a wall, painted

on the wall surface of, or erected and confined within the limits of an outside wall of any

building or structure, which is supported by such wall or building, and which displays only

one (1) sign surface.

tttttt. Waste Management – includes both solid and liquid wastes

uuuuuu. Watershed – is a land drained by a stream or fixed body of water and its tributaries

having a common outlet for surface runoff. This include small watersheds with an area of

10,000 hectares and below; medium scale watershed with area of more than 10,000 hectares;

and large scale watersheds with area above 50,000 hectares.

vvvvvv. Waterways - these are man-made or natural structures which convey water wastes,

rain water and flood into the streams tributary into the bigger bodies of water like rivers,

lakes and sea. The man-made structure waterways refer to the canals that are built for the

flow of water wastes.

wwwwww. Water wastes - these refer to the liquid wastes which are the products of

washing or liquid wastes that undergo the process of separation of substances from solid to

liquid as in the process of digestion in the septic tank system.

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xxxxxx. Wells – any artificial opening or excavation in the ground where groundwater flows.

yyyyyy. Window Sign - any sign, pictures, symbol, or combination, thereof, designed to

communicate information about an activity, business, commodity, event, sale, or service, that

is placed inside a window or upon the window panes or glass and is visible from the exterior

of the window.

CHAPTER II

ENVIRONMENTAL MANAGEMENT AND ADMINISTRATION

Article A – VIGAN CITY ENVIRONMENT AND NATURAL RESOURCES OFFICE

(VCENRO)

SECTION 9. The Vigan City Environment and Natural Resources Office (VCENRO) shall

oversee the implementation of this code and shall coordinate the implementation of programs

and projects as well as the rules and regulations of environment and natural resource

management of the city under the supervision of the local chief executive.

SECTION 10. DUTIES AND RESPONSIBILITIES OF VCENRO. The VCENRO being the

lead implementing agency shall:

a. Formulate measures for the consideration of the Sangguniang Panlungsod and to provide assistance and support to the city mayor in carrying out measures to ensure

the delivery of basic services and provision of adequate facilities relative to

environment and natural resources services as provided for under Section 17 of the

Local Government Code of 1991;

b. Develop plans and strategies and implement the same, particularly those which have to do with environment and natural resources programs and projects which the city

mayor is empowered to implement and which the Sangguniang Panlungsod is

empowered to provide under the Local Government Code of 1991;

c. Establish, maintain, protect and preserve communal forests, watersheds and other water resources, tree parks, water resources, mangroves, greenbelts, commercial

forests and similar forest projects like industrial tree farms and agro-forestry projects;

d. Provide extension services to beneficiaries of forest development projects and render assistance for natural resources related conservation and utilization activities

consistent with ecological balance;

e. Coordinate with government agencies and non-governmental organizations in the implementation of measures to prevent and control land, air and water pollution with

the assistance of the DENR;

f. Provide assistance to the barangays in the implementation of their respective environmental protection and management programs and projects;

g. It shall be the lead agency in the implementation of the Comprehensive Environmental Plan of Vigan (CEP) which contains programs, strategies, activities,

policy guidelines on the sustainable management of solid waste, agriculture and

fisheries, water resources, pollution control and mitigation and biodiversity;

h. Prepare and produce an annual environment report to the city mayor, city council and environment council;

i. To identify protected areas within the territorial jurisdiction of the City of Vigan in

consonance/relation with the Environmental Critical Areas defined under this code;

j. Supervise the operation of the Material Recovery Facility - Composting Plant of the

city. (MRF Board Ordinance)

Article B- LOCAL SPECIAL BODIES

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I. Environment and Natural Resources Council of Vigan

SECTION 11. Environmental and Natural Resources Council of Vigan -(Ordinance No. 4,

Series of 1999) - It is hereby recognized that an Environmental and Natural Resources Council

of Vigan which shall be co-terminus with the term of elected officials of the city is created and

shall be composed of the following:

Chairman City Vice Mayor

Vice Chairman Vigan City Environment and Natural Resources Officer

(VCENRO)

Members 1. Chairman, Committee on Environment of the City Council

2. Chairman, Committee on Agriculture of the City Council

3. City Planning and Development Officer

4. Chairman of the City Agriculture and Fisheries Council

5. Director of the Center for Sustainable Development of the

University of Northern Philippines

6. General Education Supervisor of Science of the City Division

Office (Department of Education)

7. Community Environment and Natural Resources Officer of

DENR

SECTION 12.POWERS AND FUNCTIONS – The following are the powers and functions of

the members of the Environment and Natural Resources Council:

a) It shall recommend the establishment, protection and maintenance of tree parks,

green belts, mangroves, similar forest developmental projects and other tourist

attractions;

b) It shall recommend to the Sangguniang Panlungsod to legislate the imposition of

appropriate penalties for acts which endanger the environment such as dynamite

fishing and other forms of destructive fishing, illegal extraction and transport of

forest products, smuggling of natural resource products and endangered flora and

fauna and commission of others as penalized under PD 705 (Forestry Code), as

amended by Executive Order No.277, Series of 1987( Amendments to the Forestry

Code);

c) It shall recommend to the Sangguniang Panlungsod legislative measure for the

enhancement and protection of the Local Water Supply;

d) To recommend the enforcement of pollution control and environmental protection

laws, rules and regulations;

e) To recommend the issuance of an Environmental Compliance Certificate (ECC)

for projects and under KALAKALAN 20;

f) To adjudicate cases involving complaints against environmental laws under

Kalakalan 20;

g) To recommend apprehensions and testing of smoke belching vehicles and the

collection of appropriate fees and charges;

h) To recommend the implementation of a solid waste disposal and other

environment management system and service related to general hygiene and

sanitation; such as sewerage and household disposal;

i) To recommend rules and regulations for the abatement of noise and other form of

nuisance as defined by law;

j) To recommend the implementation of a cease and desist order issued by the

Pollution and Adjudication Board;.

k) To recommend the enforcement of mining laws, subject to the police standards and

guidelines of the DENR;

l) To recommend the conduct of cadastral and lot surveys;

m) To recommend the cancellation of Mayor’s Permit to any establishment that

habitually violates environmental laws, rules, regulations and policies of the city

government;

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n) It shall recommend the formation of a Pollution and

Adjudication Board to be chaired by the Mayor, DENR Officer and a lawyer with

a minimum of five years experience in the practice of law;

o) To recommend to the Sangguniang Panlungsod the enactment of ordinances on all

matters relative to the protection, conservation maximum utilization, appreciation

of appropriate technology enhancement and other matters related to the

environment and natural resources;

p) It may solicit funding from multi-lateral non-governmental organizations,

foundations and other agencies to augment its finances for its operations.

q) To come up with environmental plans, programs, projects and to oversee its

implementation;

r) To exercise oversight powers in the implementation of environment-related

programs of the city.

s) Establish linkages in local, national, international agencies, non-government

organization, academes and residents for research, network building, data-banking,

policy advocacy and livelihood development aligned with environmental issues

and concerns

II. City Solid Waste Management Board

Section 13. CITY SOLID WASTE MANAGEMENT BOARD (Ordinance No. 5, Series of

2002)- This Board shall composed of the following:

a) Chairman - City Mayor

b) Chairperson of the Committee on Environment - Representative of the

Sangguniang Panlungsod

c) Chairperson of the Committee on Health and Sanitation

d) President of the Association of the Barangay Councils in the City

e) President of the Sangguniang Kabataan Federation

f) A representative from NGOs whose principal purpose is to promote

recycling and the protection of air and water quality

g) A representative from the recycling industry h) A representative from the manufacturing or packing industry, and i) A representative of each concerned government agency possessing relevant

technical and marketing expertise as determined by the Board.

j) VCENRO k) City Health Officer l) City General Services Officer m) City Agriculture Officer n) Chairman - City Agriculture and Fisheries Council o) Provincial Agriculturist

Secretariat: City Planning and Development Office

SECTION 14. DUTIES AND RESPONSIBILITIES - The City Solid Waste Board shall have

the following duties and responsibilities:

a) To develop the City Solid Waste Management Plan that shall ensure the

long-term management of solid waste, as well as integrate the various

solid waste management plans and strategies of the barangays in its area of

jurisdiction. In the development of the Solid Waste Management Plan, it

shall conduct consultations with the various sectors of the community;

b) To adopt measures to promote and ensure the viability and effective

implementation of solid waste management programs in its component

barangays;

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c) To monitor the implementation of the City Solid Waste Management

through its various political subdivisions and in cooperation with the

private sector and the NGOs;

d) To adopt specific revenue-generating measures to promote the viability of

its Solid Waste Management Plan;

e) To convene regular meetings for purposes of planning and coordinating

the implementation of the solid waste management plans of the respective

component barangays;

f) To review every two (2) years or as the need arises the City Solid Waste

Management Plan for purposes of ensuring its sustainability, viability,

effectiveness and relevance in relation to local and international

developments in the field of solid waste management;

g) To develop the specific mechanics and guidelines for the implementation

of the City Solid Waste Management Plan;

h) Recommend to appropriate local government authorities specific measures

or proposals for franchise or build-operate-transfer agreements with duly

recognized institutions, pursuant to RA 6975 to provide for either

exclusive or non-exclusive authority for the collection, transfer, storage,

processing, recycling or disposal of city solid waste. The proposals shall

take into consideration appropriate government rules and regulations on

contracts, franchises, and build-operate-transfer agreements;

i) To provide the necessary logistical and operational support to its

component cities and municipalities in consonance with subsection (f) of

Section 17 of the Local Government Code;

j) To coordinate the efforts of its component barangays in the

implementation of the City Solid Waste Management Plan;

k) To appoint any person or Barangay Official as Deputized Solid Waste

Management Officer (DSWMO) to assist in the implementation of the

provisions of this code who shall undergo an orientation-seminar on the

provisions of this code and Solid Waste Management Training prior to

their appointment

l) To define the powers, functions and responsibilities of DSWMO and

formulate its guidelines and procedures in appointing DSWMO.

(Ordinance No. 14, Series 2003)

m) To formulate plans, policies and implement the same for the effective and

efficient marketing of the organic fertilizer produced by the Vigan City

Material Recovery Facility (MRF)-Composting Plant after all

requirements shall have been complied for its marketing operation.

n) To oversee the laboratory testing and conduct of demonstration farm of

the organic fertilizer product ensuring the quality of the product for

market;

o) To determine the price and marketing niche of the organic fertilizer

product with the end of establishing a competitive and stable price of

fertilizer in the city and taking into consideration the production cost of

the said product;

p) To propose the appropriation of additional funds for the operation of the

MRF Composting Plant when needed. (MRF Composting Plant Board

Ordinance- Ordinance No. 22, Series of 2005)

III. CITY ECOLOGICAL TREE PARK PROJECT MANAGEMENT TEAM AND

TASK FORCE

SECTION 15. CITY ECOLOGICAL TREE PARK PROJECT MANAGEMENT TEAM

AND TASK FORCE (Ordinance No. 3, Series of 2005). The City Mayor shall create and

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supervise a Project Management Team and Task Force to undertake the City Ecological Tree

Park at Barangay Raois, which shall be composed of the following:

Chairman - City Mayor

Vice Chairman - City Vice Mayor

Assistant Vice Chairman - SP Chairman, Committee on

Environment and Sustainable Development

Secretariat - City Planning and Development Office

(CPDO)

Finance - Offices of the City Treasurer,

Accountant, Budget Officer

Task Force - Office of the Vigan City

Environment and Natural Resources Officer,

- City Agriculture Officer,

- City Engineer,

- General Services Office,

Park Warden

Members - Barangay Raois Chairman and

Council members

- Project site landowner

- Representative of the Metro Vigan Water District Pumping Station

- Participating farmers

- NGOs,

- Schools

- Volunteers

- Concerned national/provincial government agencies/offices

SECTION 16. OBJECTIVES - The Project Management Team shall endeavor to achieve

the following goals:

a. Main Objective:

Establish the tree park primarily to provide remedial measure for watershed

ecology at the eastern barangays of Vigan City and to contribute to the anti-flooding

projects, programs and activities of the barangay, city provincial and national

governments for the City of Vigan.

b. Specific Objectives:

i. Negotiate with the project site landowner and lessee, Metro Vigan Water

District, for an agreement with the Vigan City Government that the land shall be

used solely for the Ecological Tree Park, to undertake this project that will be

beneficial to all parties under an equitable profit-sharing system and dedicated to

the citizens adversely suffering from the recurrent depletion of agricultural water

supply during dry season and recurrent floods during rainy season.

ii. Survey the project site and submit a proposed budget and land use plan to

devote areas for tree planting with eco-trails, lot parcels to allow for multi-sector

participation and an area for rest and relaxation, and a park warden to maintain

and safeguard the eco-tree park on a daily basis.

iii. Determine the species of trees to be planted that will consider anti-flood/pro-

watershed characteristics, income/livelihood generating potentials, and prospects

to make the project a tourist destination, considering the panoramic view of the

river, Quirino Bridge and the Cordillera Mountains.

iv. Initial activities shall include land development and preparations; soil testing

for the species of trees that will be suitable; acquisition of planting materials and

equipment; construction of a tree nursery and other infrastructure; planting

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SANGGUNIANG

PANLUNGSOD

CITY MAYOR

Project Chairman

Vice Mayor

Project Vice Chairman

SP Committee Chair on Environment

and Natural Resources

Project Assistant Chairman

Proj. Mgt. Team Members –

Brgy. Raois Chairman &

Council Members; Project

Site landowner;

participating farmers, NGOs

schools, volunteers

Task Force –

Offices of

the City

Agricultural

Officer, City

Engineer,

Gen.

Services,

CPDO

Secretariat

Tourism

Officer

City Treasurer

Budget Officer

Accountant

Finance

NGAS/s Fund

Sources/Equipment/Technical

Assistance/media ILOCOS SUR GOVT

schedules; coordination and implementation with participating sectors; proper

supervision, communication and regular reports, maintenance, harvesting,

marketing for income generation, among others.

v. Request for fund and equipment support, technical assistance, planting

materials and other needs not available from the Vigan City Government.

vi. Conduct information campaigns through letters and the mass media to

invite/encourage multi-sector participation and donors in a well

coordinated and organized manner to motivate more involvement from

NGOs schools and civic-minded residents, etc.

vii. Study the feasibility and implement livelihood generating and tourism

destination components to optimize the potentials and sustainability of the

project.

viii. Adopt other objectives that help ensure the sustainability and success of

the project.

SECTION 17. PROJECT MANAGEMENT STRUCTURE:

SECTION 18. ACCOUNTABILITY AND TRANSPARENCY – The Project management

Team shall observe transparency in all operational and financial aspects of the Vigan City

Ecological Tree Park and shall be accountable in ensuring the achievement of its objectives in

the form of accomplishment reports and press releases citing the project’s fund management, its

contribution to anti-flood control, clean and green program, eco-waste management and tourism

promotion.

SECTION 19. CONSERVATION AND PROTECTED AREA -The Project Management

Team shall be responsible for the declaration of the Vigan City Ecological Tree Park at Barangay

Raois as a protected and conservation area.

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CHAPTER III

LAND RESOURCE MANAGEMENT

SECTION 20. OBJECTIVES. The City Government shall adopt strategic management

framework and principles for the sustainability of the City’s land resources which aims:

a) To provide a rational, orderly and efficient acquisition, utilization and

disposition of land and its resources in order to derive therefrom

maximum benefits without endangering such resources;

b) To encourage the prudent use and conservation of land resources in order

to prevent the imbalance between the nation’s needs and such resources;

c) To ask for the cooperation of landowners, residents, Barangay officials

and all government officials and employees with offices in Vigan City to

consciously involved in observing and helping implementation of this

Code through the proper use of land resources in the respective areas of

responsibility.

SECTION 21. INCORPORATING THE SUSTAINABLE DEVELOPMENT PRINCIPLE

IN LAND USE PLANNING. The Comprehensive Land Use Plan of Vigan shall be based on

the principle of sustainable development to:

a. Promote the efficient acquisition, utilization and disposition of land as a

limited resource through the rational allocation and delineation of different

uses according to their highest and best use, and prevent premature and

wasteful development by delineating areas where certain activities can or

cannot be undertaken.

b. Identify the Intrinsic value and use limits of environmentally critical areas

such as those included in the National Integrated Protected Areas System,

the network of Protected Agricultural Areas, critical terrestrial and aquatic

ecosystems for preservation, conservation and rehabilitation;

c. Identify, conserve and protect areas of ecological, aesthetic and historical

significance;

d. Provide an efficient settlement pattern for better access to basic services

and prevent population habitation and high risk activities from taking

place in environmentally critical areas and;

e. Influence the public and private sectors in the proper use, management and

disposition of land. (n)

SECTION 22. REGULATORY PROVISION. All land use activities shall be undertaken in

full harmony with the comprehensive land use plan and zoning ordinance of Vigan City,

ensuring the most suitable use and that all extraction activities do not affect or hamper the

productivity of adjoining activities promoting equitable access to the resources.

The following industries shall be located at safe distances as determined by competent

authorities or as prescribed by pertinent national laws from bodies of water, coastal zone,

parks/recreational areas, watershed, schools and residential areas:

a. Pollutive/non hazardous industries

b. Pollutive/hazardous industries

c. Highly pollutive/ non hazardous industries

d. Highly pollutive/hazardous industries

e. Pollutive/extremely hazardous industries

f. Highly pollutive/extremely hazardous industries

g. Non pollutive/extremely hazardous industries

CHAPTER IV

FOREST RESOURCES MANAGEMENT

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SECTION 23. OBJECTIVES. The City Government shall adopt strategic forest resources

management framework and principles of ecologically sustainable development which aims:

1. To maintain a forest resource information system such as but not limited to maps, inventory and directory of forest areas and prescribe guidelines to protect, conserve

and propagate endemic/indigenous flora and fauna species subsequently identified,

2. To establish production, protection and recreational forestry programs and projects, 3. To manage and maintain seedbank and produce seedlings for forest and tree parks; 4. To establish, manage, protect, rehabilitate, preserve, maintain and develop, communal

forest, tree parks, mangroves, greenbelts and tree farms;

5. To encourage cooperation among landowners and residents to plant and conserve the trees within their property as part of their involvement in environmental protection

and heritage conservation.

6. To encourage cooperation among Barangay officials and all government officials and employees with offices in Vigan City to be consciously involved in observing and in

implementing this Code through tree planting and the conservation of trees in their

respective areas of responsibility.

SECTION 24. GENERAL PROVISIONS:

1. Destroying or mere possession of any plants both living and non-living considered endangered or threatened pursuant to existing laws shall be banned and prohibited;

2. Tree planting and reforestation shall be a continuing priority of the city, with priority

areas for the planting:

a. Within 20 meters of either side of the rivers or stream;

b. Areas identified with historical value; c. Areas of high biodiversity d. Eroded slopes e. All open spaces within the city, specially in residential and commercial areas

including street islands, promenades , parking area peripheries and in wide

sidewalks as maybe suitable.

3. In coordination with CENRO (DENR), the city shall adopt a program to number all trees within the city jurisdiction. The tallying shall be applicable to all trees that are maturing

age and shall reflect classification of trees by species, a basic description of their location

and information on ownership. This shall be part of a broader resource inventory and

monitoring program of the city that will aid local authorities in enforcing the ban on

cutting trees;

4. Mangrove Conservation and Rehabilitation. Mangrove rehabilitation and reforestation in all suitable sites shall be conducted in order to preserve and regain nursery grounds for

fishes. Mangrove reforestation is hereby declared a community responsibility and the

cutting of mangroves in rehabilitated areas is hereby prohibited;

5. Regulation of flora outside National Integrated Protected Areas System (NIPAS) areas, including industries and businesses engaged in their propagation and development, such

as orchidaria and nurseries, except export and import; provided, that such businesses and

industries are registered with the DENR for monitoring purposes, pursuant to Section

3.2(b), DENR Administrative Order No. 30, Series of 1992.

SECTION 25. REGULATING THE CUTTING OF TREES (Ordinance No. 8, Series 2005)

a. No person, group of persons or entity shall cause the cutting of trees, damaging or destruction of trees which are located in public plazas, public parks, public

grounds, public roads, schools and within the heritage village without the prior

written approval from the appropriate department of the City Government of

Vigan in addition to other permits or license issued by other concerned local or

national agencies;

b. It is unlawful for any person to cut, gather, collect, or remove timber or other

forest products from any forest land, or timber from alienable and disposable

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public lands, or from private lands, without any authority under a license

agreement, lease, license or permit;

c. No person/s shall be authorized to cut tree/s without necessary Tree Cutting Clearances issued by the VCENRO. Only tree/s that at the present moment

endanger the live and properties and for reason of public safety specially during

the occurrence of natural disaster shall be exempted from acquiring Tree Cutting

Clearances/Permit.

SECTION 26. DEVELOPMENT OF PRODUCTION FOREST. The city government shall

provide financial assistance for the purpose of promoting private investments in the development

of commercial forest-based enterprises.

SECTION 27. MANAGEMENT OF PROTECTION FOREST. Measures shall be adopted to

actively share responsibility in ensuring the perpetual existence of all endemic native plants and

animals. Protection forest shall be managed properly for sustained water production, coastal

habitat protection, conservation and preservation of waterways, forest-based recreation,

biodiversity conservation, scientific and educational research.

SECTION 28. DEVELOPMENT OF RECREATIONAL FOREST. The City Government, in

partnership with Non-government organizations and other private entities, shall endeavor the

establishment of a forest recreation projects such as forest parks, botanical garden, orchidaria and

camping grounds.

SECTION 29.FOREST PROTECTED AREAS.

The City Government in collaboration with the DENR and other agencies shall identify and

declare as protected areas, reserves, natural parks, wildlife sanctuary and landscapes, located

within the territorial jurisidriction of the City of Vigan which maybe found outside the mantle of

NIPAS Act of 1992

SECTION 30. RULES AND GUIDELINES IN THE CUTTING OF TREES (Ordinance No.

8, Series of 2005). To ensure and optimize the implementation of this provision, the following

rules, regulations and guidelines are hereby prescribed:

a) The Vigan City Environment and Natural Resources Office shall have overall responsibility in the implementation of the provisions of this Code under the supervision

and guidance of the City Mayor, Chief of Police, Barangay councils, School Officials,

NGOs, land owners and residents with trees, and other appropriate government agencies

and private and religious sectors.

b) The Vigan City Environmental and Natural Resources Office shall be mainly responsible in the monitoring, coordinating, reporting, and the charging of violators with the

assistance of concerned Local Government Unit/National Government Agencies officials,

in cooperation with all concerned sectors herein mentioned.

c) The Vigan City Environmental and Natural Resources Office shall perform all other tasks and responsibilities to ensure a successful and sustainable implementation of this Code

under the leadership of the Mayor assisted by all concerned sectors.

d) That in coordination with the Community Environment and Natural Resources Office (CENRO) and the City Government of Vigan, shall mutually cooperate in undertaking

an accord which shall embody the following:

i. In the issuance of permit to cut trees, the CENRO shall require strict compliance

with all pertinent existing rules and regulations as well as the production of

documentary requirements;

ii. The CENRO, upon receipt of any application for permit to cut tree/s, shall

immediately furnish a copy of that application to the City Government;

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iii. The CENRO shall closely coordinate with the City Government in the

inspection/verification of the reason cited in the application;

iv. The City Government shall give a favourable recommendation before the CENRO

can issue any permit to cut any tree/s.

e) The use of unregistered or unlicensed power saws/chain saws and similar tree felling equipment shall be banned and prohibited, unless a current and valid license or permit the

use thereof as issued by the City Mayor, Provincial Government or the DENR. (n)

SECTION 31. REGISTRY OF CENTURY OLD TREES.

a) The Vigan City Environment and Natural Resources Office shall establish and maintain “Registry of Existing Trees, circa Spanish and American Era in a computer data-base and

index card monitoring and recording system in printed copies, according to Barangay,

name/address/telephone number of owner, the tree species, estimated age of the tree (or

simply “Spanish era” or “American era”), and remarks (information provided by, etc.).

b) The Vigan City Environment and Natural Resources Office shall be supported and assisted by all concerned officials of the Vigan City Government in implementation of

the provisions of this Code through a public information campaign with registry forms

and letters for the following sectors:

i. Archbishop’s Residence

ii. Association of Barangay Councils

iii. Citizens with Centuries-old-trees

iv. Farmer’s Federation

v. Fr. Jose Burgos House/National Museum

vi. Hotels/restaurants with Centuries-old trees

vii. Ilocos Sur National High School

viii. League of Barangay Council Members

ix. Leona Florentino House

x. Media

xi. Filipino- Spanish Friendship Park (Mira Hills)

xii. Plaza Maestro

xiii. Provincial Capitol

xiv. Provincial Jail

xv. Sangguniang Kabataan

xvi. SVAHAI

xvii. University of Northern Philippines

xviii. Vigan Chapters of United Architects of the Philippines (UAP)

xix. Department of Education, Division of City Schools, Vigan

xx. Immaculate Conception Minor/Major Seminaries

xxi. Vigan Post Office

xxii. All other concerned sectors

SECTION 32. SELLING OF BAMBOO SHOOTS (Ordinance No. 6, Series of 1989) - It shall

be unlawful for any person to sell bamboo shoots within the City of Vigan, irrespective of

whether he is the owner or not.

However, it shall not be unlawful for any person to gather bamboo shoots which he/she is

the owner thereof provided that such gathered bamboo shoots will be exclusively used by

him/him for family consumption.

CHAPTER V

WATER RESOURCES MANAGEMENT

For purposes of this code, water resources shall be classified as Groundwater and Surface

Water.

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SECTION 33. OBJECTIVES: The City Government shall adopt an integrated water resources

management framework anchored on a stated national water resources policy, which aims:

1. To promote environmental strategies, use of appropriate and modern economic instruments and of control mechanisms for the protection of water resources;

2. To adopt measures for the proper appropriation, control and conservation of the water resources in the city;

3. To ensure the availability and sustainability of a clean and safe water resources of Vigan through a comprehensive management program;

4. To encourage the citizenry, institutions and agencies to take an active participation and cooperation to all efforts pertaining to the protection and

rehabilitation of the water resources in the City of Vigan;

5. To Initiate a water conservation program for all household and commercial establishments in the City to abate potential impact of a water shortage;

6. To present a balanced approach between resource development for economic purposes and the protection of water quality, ecosystems and other public

welfare benefits;

7. To ensure that developmental decisions are based on sound economic, environmental and social assessment;

Article A. GROUNDWATER PROTECTION AND MANAGEMENT

SECTION 34. REGULATORY PROVISIONS FOR WATER SUPPLIERS. For the

protection and sustainability of the groundwater resources of the city, any institution or company

supplying water which maintain wellheads within the City of Vigan shall be required to comply

with the following:

a) To Install well protection in their respective wellheads;

b) To construct flood barriers to control flood water and waterborne diseases from contaminating the drinking water system;

c) To fence off an area of at least 50 meters around each wellhead to exclude animal foraging, large scale livestock farming and other intrusive land uses;

d) To conduct regular quality and quantity monitoring of water supply;

e) To install chlorine pump alarms for maintenance purposes;

f) To submit a detailed hydrogeologic study and environmental impact assessment to the City Government before a permit is issued for the drilling of new wells or any

further development of existing ones.

SECTION 35. PROTECTIVE MEASURES

a) It shall be declared unlawful for any person or group of persons to construct or build any dwelling house/s within the periphery of 25 meters, nor drill or dig a well or any

source of water supply within a distance of 50 meters of any cemetery within this

city. . (Ordinance No. 6, Series of 1980)

b) No artesian, deep or shallow well shall be constructed within 25 meters from any source of pollution.

c) No person in charged with the management of a public water supply system shall permit any physical connection between its distribution system and that of any other

water supply, unless the latter is regularly examined as to its quality by those in-

charge and found to be safe and potable .

d) The installation of booster pump to boost water direct from the water distribution line of a water supply system where low-water pressure prevails is prohibited. (Code of

Sanitation)

e) No septic tank shall be constructed within a radius of 25 meters from any existing open or closed wells being utilized for drinking purposes.

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f) No person shall drill a well without a permit from the city government, provided that in no case shall groundwater be extracted if this will result to the deterioration of

critically important surface waters; Provided further that the local chief executive

shall reserve the right to revoke any permit for the extraction of groundwater should it

be found to be detrimental to its sustainability or inimical to other higher priority

water uses as maybe recommended by the body concerned in its monitoring.

Before any drilling of well, there shall be a permit fee depending on the intended use:

a. Well for Household purposes P150.00

b. Deep Wells for Water Utilities (Commercial & Industrial) P

5,000.00

c. Irrigation Wells Free subject to the favorable

recommendation of the City Agriculture and Fisheries Council.

g) Any pollution generating industries shall not be constructed within a 100 meter radius from the wellhead drinking water source.

h) The extent of pumping and extraction of groundwater shall take into consideration the possibility of, and shall not cause, salt water intrusions, land subsidence and mining

of groundwater.

i) Unless otherwise allowed, an abandoned well shall be properly plugged to prevent pollution of ground water to conserve the aquifer yield and artesian head and to

prevent poor quality water from one aquifer entering another and also to prevent

accidents.

j) No cemetery shall be constructed within 50 meters radius from existing or proposed closed and open wells being utilized for drinking purposes.

SECTION 36. GROUNDWATER MONITORING. The VCENRO is hereby empowered to

enter any land subject of drilling wells or to take water for the groundwater monitoring program

of the City. He shall also conduct inventory of all existing wells and water pumps to set the limit

in the capacity of the wattage of water pumps in each household. The VCENRO shall submit to

the City Council and other bodies concern stating therein the status of groundwater resources in

the city. It shall also identify anomalies and changes to the monitoring program whenever

necessary.

SECTION 37. WATERSHED AREA. There shall be a watershed area in the City of Vigan as

maybe determined by the Sangguniang Panlungsod in coordination with the DENR which shall

be declared as a protected area. Conservation, protection and management of the watershed

should be considered in all developmental projects and programs utilizing water resources

SECTION 38. WATERSHED PROTECTION (ESTABLISHMENT OF A CITY

ECOLOGICAL TREE PARK) - There is hereby established an ecological tree park declared

as a protected and conservation area in the City of Vigan at Brgy. Raois to serve as water shed,

flood control measures and aesthetic activities/programs.

This shall be limited to the area of and adjacent available vicinities near the pumping

station of the Metro Vigan Water District in the jurisdiction of Barangay Raois near the Abra

river at Banaoang, Santa, Ilocos Sur that recurrently affect the agricultural sector due to the

depletion of water supply during dry season of the year and on the other hand overflows during

heavy rains and causes massive destruction and damages to crops, farm animals, houses, and

other properties in hardly quantifiable terms, including the danger to the lives of the residents

and the paralysis of transportation to and from the City proper that disables farm crops to reach

the public market.

Article B – SURFACE WATER MANAGEMENT

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SECTION 39. PROTECTIVE MEASURES.

b) It shall be prohibited to construct, reclaim or place obstacles or encroachments on rivers, creeks, and other public places within the territorial jurisdiction of the city. The Mayor

shall order the removal and/or demolition of such illegal constructions, reclamations,

obstacles or encroachments on rivers, creeks and other public places in Vigan, Ilocos Sur.

(Ordinance No. 6, Series of 1980)

c) It shall be unlawful for any person to construct or set up any structure temporary or otherwise that will destroy the scenic value of natural water ways or result to the

disruption of water flows; (n)

d) It shall be unlawful for any person or establishment to discharge, wholly or partially, untreated or inadequately treated waste matter or industrial effluents directly into the

bodies of water or through the use of bypass canals and/or pumps or other unauthorized

means. The wastewater effluent standards set by the DENR must be strictly enforced at

all times.

e) No industrial or manufacturing plant shall be operated without control facilities of wastewater treatment system in good order or in proper operation. (n)

f) No industrial or manufacturing plant or source of pollution shall operate beyond the limits of operation of their wastewater treatment facility in order to maintain the effluent

quality within the standards or pertinent conditions required by law and/or as stipulated in

the permit to operate. (n)

g) Disposing or dumping of solid wastes into any waterways in Vigan is strictly prohibited. (n)

h) Residents and owners of residential houses, business establishments and other similar dwelling units are not allowed to dispose human excreta into the waterways. They should

construct their own septic tanks. All human wastes shall be emptied into the septic tank

of each individual house/establishment.

i) In cases where new building and/or establishments, or any dwelling unit are to be constructed, owners of these buildings shall submit a copy of their own septic tank plan

in the City Engineers Office (CEO) for approval. This plan shall be a requirement for the

issuance of building permits. Upon approval such constructed septic tank shall be

inspected before its use to check whether the owner complied with the plan. Inspection

once every year shall be conducted by the CEO to check whether the owners have

complied with the standards including the pumping of septage as the need arises.

For this purpose, possible inclusion of water conservation facilities/structures in

the design and/or construction of buildings and dwellings in urban areas shall be

considered in the issuance of building permits.

j) Draining of rain water directly into the sewerage system of Vigan is strictly prohibited. k) Residents and owners of houses and establishments should construct drainage or canals

intended for water rain to flow within the owner’s property.

l) No person or entity shall develop a stream, lake, marshland or pond or construct a swimming pool or golf course for recreational or commercial purposes without first

securing permit an Environmental Compliance Certificate from DENR.

m) Dumping of tailings and sediments from mining and quarrying operations, as well as farm water carrying pesticide residues is prohibited.

SECTION 40. RIVER REHABILITATION. There shall be a continuing program of dredging

the rivers of the city (Mestizo, Govantes, Pantay and their channels) to ensure that the waters

are habitable to aquatic life, suitable to such other uses as farming, fishing, recreation, and other

related activities for a sustainable source of livelihood for the residents as well as a protection of

the natural heritage of Vigan. (n)

SECTION 41. RIVER BANK PROTECTION.

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a. Planting of trees, mangrove species along designated portions of the bank to sustain

water levels and spring sources, to prevent erosion and thus to protect neighboring

communities’ lives, properties and livelihood activities.

b. Strict enforcement of waste management regulations that free the rivers, creeks and

their banks from the intrusion of any pollutants.

SECTION 42. MONITORING AND IMPLEMENTATION. For a more effective

implementation of these provisions, the VCENRO is hereby empowered to: (n)

a) Remove any fishing nets, attached or otherwise constructed therein to facilitate the flow of water and avoid any form of water disruption;

b) To require whenever necessary the upgrading, repairs and pumping of septage after inspection;

c) For purposes of surface water monitoring, the VCENRO shall submit a report every three (3) years to the Sangguniang Panlungsod and other bodies concern stating therein

the status of the surface water resources in the city.

CHAPTER VI

BIODIVERSITY, FISHERIES AND AQUATIC RESOURCE MANAGEMENT

SECTION 43. OBJECTIVES. The City Government shall adopt a management framework in

the protection of Vigan’s biodiversity, fisheries and aquatic resources which aims:

a) To promote the principles of ecologically sustainable development and protection of the environment;

b) To sustain the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations;

c) To restore and enhance the quality of the environment having regard to the principles of ecologically sustainable development, and to properly weigh both long and short

terms economic, environmental, social and equity considerations in deciding all

matters relating to environmental resources, use, protection, restoration and

enhancement;

d) To protect and preserve its natural heritage which includes all plants and animals

whether endemic or not endemic in Vigan, such as, but not limited to the species

identified in the natural heritage template of the cultural mapping project of the City

of Vigan

Article A – Biological Diversity

SECTION 44. GENERAL PROVISIONS. The City Government shall focus on the

conservation of the biodiversity by undertaking the following: (n)

a) The territorial limits of the City of Vigan shall be declared as sanctuary and

protective for terrestrial wild animals, fouls and marine life. All flora and

fauna listed by the DENR as endangered species and species which are

endemic and unique to the city and species whose existence is considered

endangered and threatened shall be fully protected;

b) Data Bank. There shall be an inventory and mapping of all plants and animals

endemic in the City of Vigan which will serve as a data base. The city shall

involve the technical expertise of academic institutions, research centers,

national government agencies, NGOs and POs in the conduct of such

inventory in order to generate an accurate data base. In the

inventory/documentation, the cultural mapping template for plants and

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animals shall be used. (aside from the, forms prescribe if there is any from the

DENR)

c) Establishment of seedbanks and nurseries in all communities/barangays within the city;

SECTION 45. PROTECTIVE MEASURES. The City Government shall initiate the following:

(n)

a) Promotion of green space such as tree planting and pocket gardens to abate the reduction in the number of historic birds, animals and plant species in the City;

b) The planting of native species such as but not limited to Bigaa and make efforts to link green spaces and promote robust plant population;

c) The Implementation of programs and projects to reduce the use of pesticides and other chemicals that adversely affect soil, water, flora and fauna, in the long term or short term.

d) The trafficking of flora and fauna shall be prohibited, unless the City Mayor and DENR have issued a current and valid permit for the traffic thereof from the source. The hunting

or gathering of endangered or threatened species is prohibited (n)

e) Hunting, destroying or mere possession of any plants, animals or other forest products both living and non-living and other species considered endangered or threatened

pursuant to existing laws shall be banned and prohibited. (n) .

f) Conservation of Wildlife Resources. Measures for the rational exploitation of wildlife

resources shall include but shall not be limited to the following:

a. Prohibit the capture and marketing of threatened wildlife resources;

b. Conserving the threatened species of flora and fauna, increasing their

rate of reproduction, maintaining their original habitat, habitat

manipulation, determining creel limits, population control in relation to

the carrying capacity of any given area, banning of indiscriminate and/or

destructive means of catching or hunting them.

Article B – FISHERIES

I. REGULATING FISHING AND/OR FISHERIES

SECTION 46. USERS OF CITY WATERS - All fishing related activities in the city water

shall be utilized by city fisher folks. Medium commercial fishing vessels are not authorized to

operate within fifteen (15) kilometers from the shoreline and no commercial fishing activities are

allowed within the depth of less than seven (7) fathom.

SECTION 47. LICENSE PERMIT FISHERY GRANT - It shall be unlawful for any person,

to take or catch fish or other aquatic products by means of nets, traps or other fishing gears in the

city waters of Vigan or by means of fishing boats or vessels, three ton gross or less, unless,

provided with the necessary license, permit issued for the purpose by the City Mayor upon the

endorsement of the BFARMC. It shall be likewise, illegal for any person to operate fish corals,

or oyster culture beds, or take or catch “bangus fry” or fry of other species for propagation within

the territorial jurisdiction of the city without first securing a city grant therefore conferred as

provided for by law and this code.

SECTION 48. PERSONS ELIGIBLE FOR FISHING AND/OR FISHERY PRIVILEGES – Under this code, the following are eligible for fishing and/or fishery privileges:

a. Any person who is a Filipino Citizen;

b. Any Cooperative, Partnership, association or Corporation duly registered or

incorporated under the laws of the Philippines, and at least sixty per centum (60%) whose

capital stocks belongs wholly to the citizens of the Philippines.

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SECTION 49. ISSUANCE OF INDIVIDUAL LICENSES - The Sangguniang Panlungsod is

hereby authorized to grant the privilege of erecting fish corals, operating fish pens/cages, oyster

culture beds or catching “bangus fry,” fry or “kawag-kawag” within the definite area or portion

of the City waters to individuals upon payment of license fees provided for in the Vigan Revenue

Code as Amended.

SECTION 50. APPLICATION FOR EXCLUSIVE FISHERY PRIVILEGES - Applications

for any of the exclusive fishery privileges mentioned in the preceding section should be made on

official form duly approved by the Sangguniang Panlungsod.

In case of fish pens/fish cages, the following guidelines shall strictly be implemented:

a) Ten percent (10%) of the total potential area for aqua/marine culture of the city water is allotted for fish pen/fish cage venture areas where the fish cages

are located.

b) Fish pens/fish cage should be at least fifty (50) meters from the shoreline; c) Only floating fish cages (inverted mosquito net) shall be allowed in rivers.

However, fixed cages are allowed for as long as the water depth is more than

1.5 meters during the high tide and 1 meter during low tide.

d) Fish cages shall be operated in rivers one and one half (1 ½) meters apart. e) No fish pen/fish cage shall be constructed fronting the opening/mouth of

fishpond (“padila“) or irrigation supply canal provided that there must be an

expressed or written permission from the fishpond owner affected by the

construction.

f) No fish pen/fish cage shall be constructed within one hundred (100) meters from the river mouth or estuary (“sabangan”).

g) A maximum of 500 square meters size fish pen/fish cage shall be granted to individuals and 2,500 sq.m. to cooperatives/associations in coastal water

provided that no family shall have more than 500 square meters;

h) A maximum of 100 square meters size fish cage shall be granted to individuals and 200 square meters to cooperatives/associations in rivers

provided that, there shall be one fish pen/fish cage to be awarded per family

head or per cooperative/association;

i) The stocking density in coastal water is 50 pieces/sq.m. and 30 pieces/sq.m. in rivers;

j) The amount of commercial feeds is five percent (5%) of the stock’s body weight. The feeds should be supplied using the feeding tray provided for the

purpose;

k) Applicant must have undergone/attended a seminar or training on fish cage/fish pen culture from recognized institutions.

l) No fish cage/fish pen shall be constructed occupying 75% across the river. There shall be maintained a 10 meter navigational space in the middle of

the river in between fish cage/pen on both sides of the river to allow the

passage of fishing vessels and for communal fishing ground;

m) Applicant shall secure an endorsement from the BFARMC where the grant is

located. In the absence of a BFARMC, endorsement from the fishermen

association and/or the punong barangay where the grant is located attesting that

such will not impede free fishing in the communal fishing ground of the city;

p) Applicant shall be a resident of the barangay where the location of the grant applied for is located; and

q) To ensure compliance of all environmental protection, programs and policies of the City, applicant shall secure an endorsement from the Environmental and

Natural Resources Council of Vigan (ENRCV) before the grant can be

deliberated by the Sangguniang Panlungsod.

The Office of the City Agricultural Officer in cooperation with the

BFARMC shall conduct a quarterly inspection to all the City Waters where fish

pens/fish cages have been constructed to avoid fish kill and to prevent water

pollution.

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SECTION 51. TO WHOM TO SUBMIT APPLICATION - All applications shall be

forwarded to the Sangguniang Panlungsod, upon receipt of the application, it shall determine

that the license applied for will not prejudice public interest and that the portion or area for

which an application for lease has been presented is not covered by any subsisting lease.

SECTION 52. CITY CONCESSIONS/LEASES CONCERNING FISHERIES - No lease or

concession granted by the Sangguniang Panlungsod under the authority of an approved

Ordinance pursuant to Republic Act 7160 concerning fishing or fisheries in streams, lakes,

rivers, inland and/or city waters shall be valid and enforceable unless, the Mayor, upon

recommendation of the Sangguniang Panlungsod, approves the same.

SECTION 53. LICENSE/PERMIT - The privilege of taking or catching fish in city waters of

this city with nets, traps, or other fishing gears with or without using, therefore, fishing boats or

vessels three gross tons or less shall be granted under ordinary licenses/permits issued by the

City mayor to any person qualified under Section 40 hereof upon payment of corresponding fees

required as provided for in the Vigan Revenue Code as Amended.

SECTION 54. AUXILIARY INVOICE - All fish and other fishery products must have an

auxiliary invoice prior to their transport from this city to the point of destination upon payment

of P3.00/one thousand pieces of “Bangus Fry” and fry of other fish species. The Barangay

Council where the grant is located shall be given the responsibility to collect the said fee.

SECTION 55. The use of all types of trawls from fishing in the City water is hereby prohibited

based on R.A. 8550 also known as “The Philippine Fisheries Code of 1988. (as amended by Ord.

No. 13, Series of 2003.)

SECTION 56. ABATEMENT OF NUISANCE - The Sangguniang Panlungsod may declare,

prevent or abate any nuisance and for this purpose may by resolution authorize the City Mayor,

the City Engineer or other proper officials or agencies of the City to directly cause the abatement

of public nuisances or nuisance per se in any City water. Provided, that, nothing herein shall be

deemed limit the authority of the City Mayor or other officials or other government agencies,

upon their own authority granted herein or by other laws to deal with such nuisances.

SECTION 57. COLOR CODING - All motorized or non-motorized fishing bancas shall bear

the color yellow and blue as identified by the Provincial Board of Ilocos Sur for purposes of

identifying fisherfolks of the City and from other municipalities poaching within the waters of

Vigan. (a)

SECTION 58. TENURE OF GRANTS - The tenure of grants issued by the Sangguniang

Panlungsod shall be good for a period of three (3) years. The grant shall be non-transferable.

Concessionaire/grantee who is no longer interested to continue with the fishing privileges shall

inform the Sangguniang Panlungsod for proper awarding to any interested person.

SECTION 59. PRIORITY IN THE AWARDING OF FISHERY GRANT - To ensure that

the benefits of our city waters are dispense to the majority, fishermen association and

cooperatives shall be given priority in the award of fishing grants in the City. All applicants of

fishing grants shall be exempted from the payment of the legislative processing fee.

SECTION 60. All owners of existing fish cages or fish pens and other fishery grants shall be

given sixty (60) days to legalize their existence. Provided, that their operation will not prejudice

public interest.

SECTION 61. Special Fishing Privilege to Marginal Fishermen Establishing and

Maintaining Artificial Reefs within the Territorial Sea Waters of Vigan City, Ilocos Sur. (Ordinance No. 8, Series of 1993)

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a. Special Fishing Privilege. The special privilege of sea fishing within the premises of an artificial reef established and maintained by a marginal fisherman or an association

of such shall belong exclusively to him or to the group as the case may be.

If the artificial reef was established and being maintained by civic organizations,

government agencies or persons or entities not engaged in marginal fishing, the

special privilege of sea fishing shall belong exclusively to the beneficiary of the

artificial reef as determined by the aforesaid persons or entities.

Provided, however, that the premises referred to in the first paragraph of this section

shall not go beyond a circumference area of thirty (30) meters from any point of an

artificial reef.

b. Prohibition. No person, natural or juridical is allowed to establish and maintain an artificial reef within a distance of fifty (50) meters from any point of a natural reef

(“Kadilian”).

c. Implementation. The concerned barangay officials, Sangguniang Kabataan Officials, Barangay Tanods are hereby deputized for purposes of implementing this section of

this code.

SECTION 62. DIVISION AND CLASSIFICATION OF CITY WATERS - The City Waters

within the jurisdiction of this city shall be divided and classified as follows: (Ordinance No. 5,

Series of 1976 - Bangus Fry Grounds Zones)

a. Classification/Division of Bangus Fry Ground:

i. Zone 1 – Mindoro Bangus Fry Ground. Situated along the shores of Mindoro

extending south from the boundary limits of the municipalities of Sta. Catalina and Vigan

City on the north up to the boundary limits of Mindoro and San Pedro on the south

ii. Zone 2 - San Pedro Bangus Fry Ground. Situated along the shores of San

Pedro extending south from the boundary limits of Mindoro and San Pedro on the north

up to the boundary limits of the City of Vigan and Municipality of Caoayan on the South.

b. City Government of Vigan Bangus Fry Reservation Area. The government bangus fry

reservation shall be that portion starting from the boundary limits of the Municipalities of

Sta. Catalina and Vigan City on the north, extending southwards measuring 400 meters

which is 1/5 of the whole area earmarked for the gathering of fry. (Ordinance No. 5,

Series of 1976)

II. REGISTRATION AND OPERATION OF MOTORIZED FISHING VESSELS.

(Ordinance No. 01, Series of 2009).

SECTION. 63. REGISTRY OF FISHER FOLK AND THEIR FISHING GEAR – For

purposes of information generation, monitoring and regulation, the City of Vigan thru the City

Agriculture Office shall keep a registry of fisherfolk and/or their organization. Gear types and

specifications shall also be incorporated in the Fisherfolk Registry.

The City Agriculture Office (CAO) shall maintain and update the registry of fisherfolk

and their fishing gears with the assistance of the Barangay/City Fisheries and Aquatic Resources

Management Council (FARMC) and submit the updated registries to the Office of the City

Mayor. The Barangay Councils shall be furnished a copy of the registry to be posted in barangay

halls and in other strategic locations where it shall be open to the public for validation of the

correctness and completeness of the list.

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SECTION. 64. REGISTRATION OF CITY FISHERFOLK AND FISHING GEAR - All

qualified fisherfolk shall be registered with the city through the CAO. All fishing gear and/or

paraphernalia to be used by the applicant fisherfolk shall be registered simultaneously. City

Fisherfolk shall be qualified to secure a license, upon completely filling-up the prescribed

application form. Registered fisher- folk shall carry with them their Certificate of Fisherfolk

Registration (CFR) and license at all times when engaged in fishing operation and present or

surrender the same whenever requested by the PNP Maritime – Group, Barangay/City FARMC,

Bantay Dagat personnel and other duly authorized law enforcers.

a. Qualifications/ Eligibility:

a.) A citizen of the Philippines;

b.) Must be directly or personally and physically engaged in the taking of fishery

and/or aquatic resources from the wild state or habitat with or without the use

of fishing vessels;

c.) A resident of the city for at least six (6) months; and

d.) At least eighteen (18) years of age.

b. Requirements. City fisherfolks shall register to the CAO with the following

documents:

a.) Duly accomplished standard Fisherfolk Registration Form (Annex D);

b.) Community Tax Certificate (CTC) secured from the barangay/city treasurer.

c. Certificate of Fisherfolk Registration (CFR). Upon submission of the

abovementioned requirements, the city shall issue the Certificate of Fisherfolk Registration.

d. Maintenance of Fisherfolk Registry. The City Government of Vigan through the

CAO shall keep a registry of fisherfolk and/or their organization. Gear types specifications shall

be incorporated in the registry of Fisherfolk in as much as the city fisherfolk and his fishing gear

and/or paraphernalia are registered simultaneously.

The City Government shall regularly submit the list of fisherfolk registered and deleted/

canceled from the registry within the first quarter of the succeeding year to the Bureau of

Fisheries and Aquatic Resoruces- Fisheries Information Management System.

SECTION 65. REGISTRATION OF FISHING VESSELS THREE (3) GROSS TONNAGE

AND BELOW – All fishing vessels three (3) gross tonnage and below shall be registered with

the City through the City Agriculture Office (CAO). The CAO shall keep the registry for

purposes of information generation, monitoring and regulation, establishment of identity,

ownership of vessels and maritime safety. Likewise the CAO shall maintain and update the

registry of fishing vessels with the assistance of the Barangay/City FARMC and submit the

updated registries to the office of the City Mayor.

The City Government shall regularly submit the list of fishing vessels registered,

deleted/cancelled from the registry within the first quarter of the succeeding year to the

MARINA Central Office or Regional Office Concerned, the Philippine Coast Guard Station

/Detachment and Department of Agriculture- BFAR. The Barangay Councils shall be furnished a

copy of registry to be posted in barangay halls and in other strategic locations where it shall be

accessible to the public for validation of the correctness and completeness of the list.

a. Eligibility for Fishing Vessel Registration. Only those fishing vessels which are

owned by Filipino citizens (single proprietorship, partnership and/or corporations) and duly

registered or accredited Fisherfolk Associations and cooperatives shall be eligible for

registration.

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b. General Registration Guidelines and Requirements for Issuance of the Certificate of

Number (CN). The applicant shall submit to the CAO the following documents;

a.) Duly accomplished Standard Vessel Registration Form under oath (Annex A);

b.) Duly accomplished Certified Standard Admeasurements and Tonnage Form

(Annex B);

c.) Clearance from the PNP- Maritime Group Headquarters or local PNP

certifying that the fishing vessel is not involved in any criminal offense

d.) Official receipt evidencing payment of corresponding vessel registration fees;

The CAO shall verify and evaluate the submitted documents and upon

finding that the registrant has complied with all the documentary requirements

and has paid the registration fee, it shall process and facilitate the issuance of the

CN (Annex C) subject to the approval of the City Mayor or his duly authorized

representative. The number shall be painted in bold (12 inches in length and 2

inches in width) 4 inches from the upper edge 1 meter from front edge.

c. Issuance of New Certificate of Number (CN). The City shall issue a new CN in

case the fishing vessel change its homeport. A change in homeport may occur in case

the owner/operator decides to change residence or principal office or sells / transfers

ownership of the fishing vessel to a person or entity with domicile in another local

government unit. The city shall upon application for change of homeport issue a

certificate of clearance and shall delete the registration of such fishing vessel/s from

its register.

Under the following instances, no clearance for the change of homeport shall be issued

by the current homeport:

a.) The single proprietorship, partnership, corporation or fisherfolk has no branch

office in the intended homeport;

b.) There is an outstanding safety requirements, which the fishing vessels has to

comply ;

c.) The fishing vessel is involved in a pending criminal or administrative case for

violation of a fishery law or an ordinance or a civil case regarding questions of

ownership.

The new homeport shall issue a new CN upon filing and submission of an application for

the issuance of a new CN supported with the following documents:

a.) Original copy of the CN; and b.) Clearance to change homeport issued by the current homeport

Upon approval of the change of homeport, all records pertaining to the vessel shall be

transmitted by the previous homeport to the new homeport.,

d. Re-issuance of Certificate of Number (CN). The city shall re-issue the CN in the

following instances;

a.) In case the fishing vessel is the subject of sale or transfer of ownership without change

in homeport the city shall re-issue the CN, upon compliance of the new owner to the following

requirements:

a.1. Submission of a duly notarized deed of absolute sale;

a.2. Posting in the barangay or city hall for seven (7) consecutive days giving notice that

the fishing vessel has been sold or transferred to a new owner;

a.3. Affidavit of posting executed by the Punong Barangay or City Mayor that said

notice had been posted in the premises and that there are no oppositors to the fishing

vessel’s sale;

a.4. Original copy of the Certificate of Number (CN).

b.) In case of engine replacement, an application for the issuance of new CN shall be

filed with the current homeport with the following documents:

b.1. The original copy of the Certificate of Number;

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b.2 Official Receipt of the purchase of engine;

b.3 Police Clearance, as a proof that the purchased engine is not a carnapped or a

stolen vessel.

c.) The city shall re-issue a CN when an owner or operator files an application at the

current homeport to change the name of his/her fishing vessel and stating the reason for such.

However, such application shall not be approved if the fishing vessel is involved in a civil case

regarding question of ownership or in a criminal case for violation of a fishery law or ordinances

of the City.

d). In case of the loss of the Certificate of Registration (CN), the owner shall attached the

following requirements for the re- issuance of a new CN:

d.1 Affidavit of loss;

d.2 Certified photocopy of the original CN

SECTION 66. MARKING, NUMBERING AND COLOR CODING OF FISHING

VESSEL. All duly registered fishing vessels operating in the city waters shall be assigned an

official number and a name. City of Vigan fishing vessels shall be colored yellow and blue with

the yellow color at the first half portion (vertically) and the blue color at rear half portion

pursuant to the Province of Ilocos Sur Ordinance No. 03-08 as embodied in their Resolution No.

071, Series of 2008.

SECTION 67. DELETION AND CANCELLATION OF FISHING VESSEL

REGISTRATION – The Registration of Fishing Vessels shall be deleted and cancelled under

the following circumstances.

a. Loss or decay of the fishing vessel;

b. Involvement of the vessel in a marine/ maritime incident;

c. Transfer of the area of operation of the fishing vessel; and

d. Such other lawful causes.

SECTION 68. MONITORING OF REGISTERED FISHING VESSEL.

In compliance with Executive Order 305, Series of 2004, the City Agriculture Office

(CAO) of Vigan City shall institute a monitoring system to guide them in approving the

registration of fishing vessels.

SECTION 69.FISHING VESSEL REGISTRATION FEES – A Registration Fee of P600.00,

effective for three years, shall be collected from the owner of each fishing vessel of three (3)

Gross Tonnage and below.

Registration fees and penalty charges will accumulate to the general fund of the City of

Vigan.

Fisherfolk and fishing gear registration shall not be viewed as a revenue- generating

instrument but as a basic service. The fisherfolk and fishing gear registration shall be free of

charge.

SECTION 70. TIME AND MANNER OF PAYMENT. The fees herein imposed shall be paid

to the City Treasurer’s Office within the first thirty (30) days of January.

Article C- Aquatic Resource Management

SECTION 71. REGULATING THE CATCHING OF “IPON” AND/OR “ARAMANG.” (Ordinance No. 7, Series of 1993).

a. All persons or entities engaged in the catching of “ipon” and/or “aramang” within the

City waters of Vigan, Ilocos Sur are required to secure an annual Mayor’s Permit

upon payment of the corresponding license fee of Five Hundred Pesos (P 500.00) per

catching gear.

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b. The Mayor may impose reasonable condition in the granting of the aforesaid permit

taking into consideration existing fishery and environmental laws and the public

welfare.

c. No Mayor’s permit shall be issued or renewed to persons or entities known to be

engaged in illegal fishing as provided under existing fishery laws.

d. All members of the barangay councils of Vigan are hereby deputized to assist in:

i. Monitoring and to submit in writing the list of all persons or entities engaged

in the catching of “ipon” and/or “aramang” within the city waters of Vigan, to

the Office of the Mayor with copies furnished to the Office of the City

Treasurer and the Office of the Sangguniang Panlungsod.

ii. Conducting an ocular inspection on the prospective fishing grounds in its area

of jurisdiction before and during “ipon” and/or “aramang” seasons.

iii. Developing, promoting and maintaining harmonious relationships between

fishermen and vendors.

iv. Identifying and reporting to the Mayor and/or the Vigan PNP, persons or

entities engaged in illegal fishing as penalized by existing fishery laws and

regulations.

v. Apprehending of any violators hereof and reporting immediately to the Vigan

City PNP.

e. Payment of Fees i. License fees shall be paid to the Office of the City Treasurer of Vigan

whereby the name of the barangay where the “ipon” and/or “aramang” were

caught be noted by the said office.

ii. License fees shall be paid during the first twenty (20) days of January. For

new licenses, it may be paid anytime before engaging in the catching of

“ipon” and/or “aramang”

iii. A surcharge of twenty (20%) of the license fee shall be impose for late

payment.

f. Sharing System of Collected Fees i. If the persons or entities engaged in catching “ipon” and/or “aramang” are

residents of Vigan, twenty five (25%) percent of the collected fees shall

accrue to the City government and seventy five (75%) percent shall accrue to

the barangay where the “ipon” and/or “aramang” were caught.

ii. If the persons or entities engaged in catching “ipon” and/or “aramang” are

from other towns, all the fees collected shall accrue exclusively to the City of

Vigan.

g. Remittance of Barangay Shares. The City Treasurer shall remit the share of the barangay concerned every first week of February to the Barangay Treasurer.

SECTION 72. ILLEGAL FISHING – This shall govern persons practicing illegal means of

fishing. The following are the prohibited acts: (Ordinance No. 5, Series 1988)

a) It shall be unlawful for any person to practice the illegal means of fishing such as poisoning, the use of electrical gadgets, superlight, the use of dynamite and sodium

cyanide;

b) It shall be unlawful for any person to put up "asar", "bocatot", or "balaong" and to catch "bolidao" and "ludong".

c) The putting up of “Rama” and “Bannasi” shall be prohibited. (a)

SECTION 73. PROTECTION AND CONSERVATION OF PAWIKAN, ITS EGG AND

HABITAT – The City of Vigan prohibits and penalizes the slaughter, killing, buying and selling

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of the green sea turtle, otherwise known as Pawikan, as well as the gathering of its eggs and

destruction of its nesting habitat. The following are prohibited acts;

a) Killing, slaughtering, or destroying the nesting habitat of the green sea turtle. b) Gathering of the eggs of a green sea turtle from its nest. c) Buying or selling, whether for profit or not, of a green sea turtle, or its flesh or

egg.

d) Offering and serving green sea turtle delicacies in any restaurant, food chains, hotels and the likes.

e) Keeping or possessing a green turtle without the necessary permit from the Department of Environment and Natural Resources

SECTION 74. IMPLEMENTATION AND ENFORCEMENT - The City Mayor may create a

special task force for the proper and strict implementation and enforcement of this section when

exigency requires, to put an end to the prohibited activities mentioned herein. All barangay

officials of Barangay Mindoro and San Pedro are mandated to implement this section within

their respective jurisdiction.

SECTION 75. MONETARY REWARD - There shall be a monetary reward in the amount of

P 1,500.00 to any person who shall give information leading to the arrest of anyone caught

violating the prohibition on Section 59 hereof and P500.00 for anyone who accidentally caught a

live green sea turtle or “pawikan”.

a) Monetary rewards shall be charge to the fund under the Annual Development Fund (a)

b) In cases where the sea turtle was accidentally trapped and killed in fishnets or found dead, the same shall be reported to the DENR for its proper disposal.

SECTION 76. REGULATING THE SALE OF ANY FISH SPECIES AND MARINE

PRODUCTS AT THE VIGAN CITY PUBLIC MARKET (Ordinance No. 09 Series of

2008)

a. No fish species and/or marine products caught through illegal means such us but not limited to dynamite fishing, poisoning, etc, shall be

sold at the Vigan Public Market for human consumption.

b. No fish species and/or marine products not inspected and certified safe for human consumption by the Market master be sold at the

public Market.

c. No fish and/ or other marine products that come from other provinces shall be sold at the Vigan Public Market without the

corresponding auxiliary invoice.

CHAPTER VII

COASTAL ZONE MANAGEMENT

SECTION 77. OBJECTIVES. The City Government shall adopt a management framework in

the protection of Vigan’s coastal resources which aims:

1. To conserve, protect and sustain the management of the city’s fishery and

aquatic resources;

2. To alleviate poverty with the provision of supplementary livelihood among city

fisherfolk through upgrading the post-harvest facilities;

3. To improve the productivity of aquaculture within ecological limits;

4. To utilize offshore and deep-sea resources optimally;

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SECTION 78. All zones within the City water or portions thereof shall be covered by applicable

tenurial and/or management rights and the issuance thereof shall be in accordance with law;

provided that the City Mayor and concerned national agencies shall provide adequate measures

for the recognition of customary management use rights.

The City of Vigan shall protect the rights of subsistence to fishermen, especially of local

communities to the preferential use of communal marine and fishing resources, both inland and

offshore. It shall also protect its marine wealth and exclusive economic zone and reserve its use

and enjoyment exclusively to Filipino citizens. (n)

Further, a coastal land use system aimed at attaining a balance of development activities,

infra and ecological stability within the coastal zone of Vigan is hereby adopted. The said plan

will be considered zonation of the coastal strip into best environment uses based on accurate

assessment of the habitats that are affected by development activities in the shoreline.

SECTION 79. REGULATORY ACTS/GENERAL PROVISIONS.

a). It shall be unlawful to gather, extract and/or remove beach resources, pebbles, sand and

gravel and boulders for whatever purpose except those expressly allowed by law;

b.) The construction of tourist facilities directly in the water’s edge where such would result to

the loss or alteration of breeding and nursery grounds of fishes shall be prohibited;

a) The conversion of wetlands into fish/prawn farms and the extraction of freshwater in coastal areas that may result in the intrusion of saline water into the fresh water table shall be

regulated through a system of permits issued by the local government chief executive, subject

to existing national laws, rules and regulations;

b) It shall be prohibited and punishable for any officer, member of the crew or passenger of any ship, boat or sea craft of any kind coming to dispose, dump or throw away garbage or wastes

at any bodies of water within the territorial jurisdiction of the City of Vigan. (n)

c) It shall be unlawful to cut any mangroves, trees and kandaruma along the coast of the city.

d) Pollution and siltation from any activity in the shoreline that may cause destabliziation of marine habitats shall be abated and the pollution firms/individual shall be fined with the

appropriate penalties.

e) All development activities occurring or proposed to be undertaken within the declared coastal zone be subject to an environmental impact analysis to ensure that any negative impacts on

the coastal environment resulting such activities are presented.

f) Pollution of rivers and water bodies shall be prevented and any firm found to be contributing to water quality degradation shall be penalized accordingly.

SECTION 80. PROTECTIVE MEASURES.

a. The City government will support the planting of trees such as coconut and other hardy

species as one of the protective measures in preventing beach erosion;

b. There shall be maintained an adequate mangrove forest resource capable of protecting the

livelihood and well being of the artisanal fishing population, the coastal habitats of marine flora

and fauna. The City government shall establish adequate safeguards and controls on human

activities within the declared mangrove swamps/forest reserves, marine parks and fish

sanctuaries in the City of Vigan;

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c. Biological diversity and heritage items shall not be jeopardized in the utilization, development

and management of city waters. Unique marine features and productive habitats such as, but not

limited to, seagrass beds and coral reefs shall not be destroyed.

d. Collection and extraction of shellfish and other living organisms which involves substrate

extraction shall be regulated as quarrying activity.

SECTION 81. MONITORING AND IMPLEMENTATION. The Local Chief Executive

through the VCENRO shall monitor the quality of the water in the coastal zones in Vigan.

He/She shall undertake a study that will evaluate the probable cause of erosion, including rises in

sea level, increased turbulence from the Abra River or changes to currents in the South China

Sea and thereafter make recommendation for measures to mitigate the effects of wave action or

replenish scoured sand.(n)

CHAPTER VIII

AIR RESOURCES MANAGEMENT

SECTION 82. OBJECTIVES. The City Government shall adopt a management framework in

the protection of Vigan’s air resources which aims:

1. To promote and protect the global environment to attain sustainable development.

2. To protect and advance the right of the people to a balanced and healthful ecology

in accord with the rhythm and harmony of nature.

3. To let the community recognize that a clean air and healthy environment is for

the good of all and should, therefore, be the concern of all.

SECTION 83. GENERAL PROVISIONS.

1. Coordinate with the DENR the conduct of inspection of industrial facilities, including all equipment emitting potential air pollutants, to ensure that such establishments are

complying with established standards.

2. In compliance with the air quality standard set by the DENR, the City Government of Vigan shall subject to environmental inspection, control and banning as may be

appropriate, the erection, use, installation or operation of any machinery plant or

industries that would release air pollutants into the atmosphere which together with

the concentration of existing air pollutants in the city would result to air concentration

greater that the quality standards set by the DENR.

To enforce such, the city government shall periodically seek the assistance of

the DENR in conducting emission tests for all such activities, equipment or plants.

SECTION 84. PROHIBITED ACTS. a) Causing, permitting suffering or allowing the emission of particulate matter from any

source whatsoever including but not limited to, vehicular movement , exportation of

materials, construction, alteration, demolition or wrecking or industry related

activities as loading, storing or handling without giving reasonable precautions to

prevent the occurrence of such condition. Neither shall such person cause of permit

beyond the boundary line of the property from which the emission originates;

b) It shall be unlawful for any person or persons to dump, pile, gather or place any form of trash, garbage and other similar waste materials and burn or set a fire the same on

or along streets, sidewalks, street island, vacant lots, residential areas, public parks,

river banks and other public place within the territorial jurisdiction of the City of

Vigan. Provided however that any burning in relation to cultural, traditional and food

preparation shall be deemed an exemption to this proscription.

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c) Operating a plant or source at capacities that exceed the limits of operation or capability of a control device to maintain the air emission within the standard

limitations as provided under existing national laws, rules and regulations.

d) Any person, intending to build, erect, install or later any chimney, from or through which air impurities may be emitted, shall obtain a prior approval from the mayor.

This requirement shall not apply for a chimney serving a private residence.

e) Causing, allowing or permitting the discharge of air pollutants that cause or contribute to an objectionable odor.

SECTION 85. REGULATION OF CARBURETED TWO-STROKE ENGINES BY

TRICYCLES-FOR-HIRE IN VIGAN CITY (Ordinance No. 8, Series 2006) - The City

Government shall implement an air quality control action by regulating the Tricycles for Hire

presently holding franchises from the Sangguniang Panlungsod using the carbureted two stroke

engines to be retrofitted with Direct Injection Technology or other technology that will serve the

purpose of this code or be decommissioned and replace the carbureted two stroke with models

utilizing four-stroke engines.

Provided that, these products should pass the accepted quality of standard setforth by the

Bureau of Product Standards of the Department of Trade and Industry. Provided further, that

these products must pass the current level of emission standard on hydrocarbon set by the

Department of Environment and Natural Resources through the Environmental Management

Bureau.

SECTION 86. ADMINISTRATIVE PROVISIONS:

a) All Tricycle for Hire franchise holders are required to either be retrofitted with Direct Injection Technology or be decommissioned and replaced with models utilizing Four-

Stroke Engines or be allowed to use other technology that is acceptable to the City of

Vigan preferably accredited by national agencies concerned with the environment

b) The Committee on Transportation of the Sangguniang Panlungsod will determine an orderly and staggered schedule of all Tricycle for Hire franchise holders to come into

compliance with the provisions of this Code, and will notify all Tricycle for Hire

franchise holders at least thirty (30) days prior to their individual compliance dates.

SECTION 87. ASSISTANCE: The City Government of Vigan shall arrange for low-interest

loans from third parties or may seek grants to finance the conversion of all owners of Tricycles

for Hire who shall retrofit their motorcycles with Direct Injection Technology or other

technology or who opt to decommission their existing two-stroke engines and replace them with

four stroke models that will serve the purpose of this Code as provided for in Section 86 hereof.

SECTION 88. IMPLEMENTATION AND ENFORCEMENT: The Chief Executive of the

City of Vigan will promulgate appropriate Implementing Rules and Guidelines pertaining to this

regulation, and their franchises be revoked only in accordance with the procedures setforth by

the Sangguniang Panlungsod.

This regulation of the use of two-stroke engines shall only be implemented upon the

availability of financial resources as stated in Section 88 hereof.

SECTION 89. SMOKE BELCHING VEHICLES. All smoke belching vehicles are hereby

prohibited to ply or operate along the thoroughfares within the city.(n)

The current emission standards set by the DENR-EMB shall be used as basis of

apprehension. Vehicles whose emission is greater than the said standard shall be apprehended

and penalized accordingly.

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SECTION 90. EMISSION TESTING PROGRAM. There shall be a roadside emission testing

program of the city government for trucks, jeepneys and other vehicles travelling in the City of

Vigan.

Guidelines and procedures of the same shall be determined by the Environmental Council

created herein.

SECTION 91. TREE PLANTING PROJECT. There shall be an annual tree planting and

pocket gardening project of the City Government preferably (during the environmental month)

within the poblacion and outlying barangays of the city to promote green space and the removal

of suspended particulate. (n)

SECTION 92. REGULATING SMOKING IN PUBLIC PLACES - Smoking shall be

absolutely prohibited in the following public places (Ordinance No. 16, Series of 2005):

a) Center of youth activity such as playschools, preparatory school, elementary schools, high

schools, colleges and universities, youth hostels and recreational facilities for persons

under eighteen (18) years old shall include, but are not limited to, playgrounds;

b) Elevator and stairwells;

c) Locations in which fire hazards are present, including gas stations and storage areas for

flammable liquids, gas explosives or combustible materials;

d) Within the buildings and premises of public and private hospitals, medical, dental, and

optical clinics, health centers, nursing homes, dispensaries and laboratories;

e) Public conveyances and public facilities including airport and ship terminals and train and

bus stations, restaurants and conference halls, except for separate smoking areas;

f) Food preparation areas shall include areas where food or beverage is actually being

manufactured or prepared, and;

g) Inside the premises of the Vigan City Hall (n)

SECTION 93. EXEMPTION: SMOKING BAN IN PUBLIC CONVEYANCE. The absolute

ban on smoking in public conveyances referred to in the preceding section shall not apply to inter

island vessels, where smoking areas have been designated; Provided, said designated smoking

areas conform with the specification/s set forth with this code.

SECTION 94. DESIGNATION OF SMOKING AND NON SMOKING AREAS- In all

enclosed places that are open to the general public, public and private workplaces, and other

places not covered by Section 68 of this Code, where smoking may expose a person other than

the smoker to tobacco smoke, the owner, proprietor, operators, possessors, managers or

administrators of such places shall establish smoking and non smoking areas. Such areas may

include a designated smoking area within the building, which may be in an open space, or a

separate area with proper ventilation, but shall not be located with in the same room that has

been designated as a non-smoking area.

SECTION 95. STANDARDS FOR DESIGNATED SMOKING AREA – The owners,

proprietor, operators, possessors, manager or administrators of establishments not covered by

section 69 of this Code shall determine the size and specifications of the smoking and non

smoking area; Provided the following standards shall be observed;

a) The designated smoking area other than in an open space shall be completely enclosed

or physically separated from the rest of the premises and equipped with adequate

ventilation in conformity with the provisions of Presidential Decree No. 1096, otherwise

known as the “National Building Code”, and the Philippine Society of Mechanical

Engineers Code;

b) Separation of the designated smoking area other than in an open space shall be

affected through any of the following means;

i. The designated smoking area must be fully separated from smoke free area by

continuous floor to ceiling or floor to floor solid partitions which are interrupted

only by doors equipped with door closers, and which must be constantly closed

except when a person is entering or exiting the area; or

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ii. The designated smoking area must be set apart, enclosed or confined by means

other than those described in Section b.1 above: Provided, that said means shall

enable compliance to air quality standards set forth in the National Building Code

and the Philippine Society of Mechanical Engineers Code..

SECTION 96. SIGNAGE OF DESIGNATED SMOKING AREA AND NON SMOKING

AREA – All designated smoking areas shall have at least one (1) legible and visible sign posted

saying “SMOKING AREA” or “NO SMOKING AREA”, in English and or in Filipino, for the

information and guidance of all concerned. The sign shall be placed conspicuously at the

entrance to the designated smoking area which shall be 297 x 210 mm in size. In addition, the

sign or notices shall include a warning in English or Filipino or in the local dialect about all ill

effects of both direct and secondary exposure to tobacco smoke. This signage shall be mandatory

for hospital, clinics, and similar establishments. Said warning may be in any of the following;

GOVERNMENT WARNING: CIGARETTE SMOKING IS DANGEROUS TO YOUR

HEALTH (Babala: Ang Paninigarilyo ay Mapanganib sa Iyong Kalusugan ) or (Pakdaar: Ti

panagsigarilyo ket makadadael iti salun-at)

GOVERNMENT WARNING : CIGARETTES ARE ADDICTIVE ( Babala: Ang Sigarilyo ay

Naka-ka-Adik) or (Pakdaar: Ti sigarilyo ket makapa-adik)

GOVERNMENT WARNING : TOBACCO SMOKE CAN HARM YOUR CHILDREN

(Babala: Ang Usok ng Sigarilyo ay Mapanganib sa mga Bata) or (Pakdaar: Ti asok ti sigarilyo

ket makadadael ti salun-at daguiti ubbing)

GOVERNMENT WARNING : TOBACCO SMOKE KILLS: (Babala: Nakakamatay ang usok

ng Sigarilyo) or (Pakdaar: Ti asok ti sigarilyo ket makapatay)

Under any circumstances shall any mark, device , word or image associated with any

tobacco company or product be included in any of these signs and materials. Non smoking areas

shall likewise have at least one (1) legible and visible sign posted saying “NON SMOKING

AREA” OR “NO SMOKING “and these signages shall be mandatory for hospitals, clinics and

similar establishments

SECTON 97. ADMINISTRATION AND AUTHORITY TO INSTITUTE ACTION - The

City Engineer’s Office are task to inspect and certify the appropriateness of the designated

smoking areas provided by service establishments taking into consideration that it must be

equipped with proper ventilation of that area” by placing an exhaust fan to an enclosed place. To

effectively implement these provisions, the local chief executive upon the recommendation of

the City Engineer’s Office is authorized to institute criminal proceedings against the violators of

this Code.

CHAPTER IX

MINERAL RESOURCES

SECTION 98. OBJECTIVE. The City Government shall adopt plans and programs that will

prevent results of unregulated mining and thwart further soil erosion and deterioration of city

waters and mineral resources

SECTION 99. REGULATORY PROVISIONS.

1. It shall be unlawful for any person, natural or juridical to undertake any quarrying activities and mining of minerals within the territorial jurisdiction of Vigan City except

in cases, where the local chief executive shall have issued a permit to any applicant who

shall have strictly complied with the requirements herein provided,:

2. Prior to extraction (quarrying or mining) , all permittees, shall be required to secure business permit and pay a tax as prescribed in the Vigan Revenue Code as amended;

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3. No extraction or removal of materials shall be allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for public water supply,

historical sites and any public or private works or structures, unless prior area clearance is

obtained.

4. No extraction or removal of materials shall be allowed in offshore areas within five

hundred (500) meters distance from the coast and two hundred (200) meters from the

mean low tide level along the beach pursuant to Section 101, DAO 23, Series of 1995

(IRR of RA 7942- Philippine Mining Act)

5. No person, natural or juridical shall be allowed to establish and maintain an artificial reef within a distance of fifty (50) meters from any point of a natural reef (“Kadilian”).

(Ordinance No. 8, Series of 1993)

SECTION 100. REQUIREMENTS FOR QUARRYING/MINING APPLICATIONS:

a. The submission/conduct of a detailed and comprehensive Environmental Impact Assessment (EIA) in accordance with DENR Admin. Order No. 23, Series of

1995 (IRR of the Philippine Mining Act);

b. Location map/Project site plotted on the Topographic map with 1:50,000 scale c. Site Development Plan/Map noting adjacent water bodies (scale:1:10,000) d. Two-year Exploration Work Program

e. Proposed Commercial Production Work Program/Construction and Development

Work Program, whichever is applicable

f. Status of Land/Land Claim i. Certification/evaluation from CENRO/PENRO

ii. Land Title/Tax Declaration/Stewardship Contract

iii. For conflict areas: waiver from other claimants

g. Endorsement from city government with attached resolution including a copy of the documentation of the process in the Sangguniang Pambarangay, Sangguniang

Panlungsod and Indigenous tribal communities in case the area falls within a

certified ancestral land/domains;

h. Zoning Clearance from the City Zoning Officer i. In case the mining claim falls within the forested zone secure a Special Cutting

Permit from the DENR

j. Other requirements prescribed under the IRR of the Philippine Mining Act of

1995 and the Small Scale Mining Law.

SECTION 101. BANTOG CLAY SUSTAINABILITY. The City Government of Vigan

recognizes the importance and protection of its natural heritage identified in the cultural

mapping project of the City. The Bantog Clay, a non-metallic mineral source which is the main

material in making burnay, red clay products and bricks, has been identified as one of Vigan’s

Natural Heritage.

Relative to this, the Environment Council of the City of Vigan is hereby authorized under

this Code to formulate/implement measures to ensure its sustainability.

CHAPTER X

POLLUTION MANAGEMENT CONTROL

Article A – Visual Pollution Management

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SECTION 102. REGULATING THE INSTALLATION AND MAINTENANCE OF

ELECTRIC, CABLE TV, TELEPHONE AND OTHER TELECOMMUNICATION

FACILITIES IN PUBLIC STREETS AND PLACES IN VIGAN CITY (Ordinance No. 11,

Series of 1996). The following are the administrative provisions:

a) No person, firm or corporation shall install and maintain transmission wires,

cable, transformers, poles, towers and the like along public roads and places for the

operation of electric service, cable TV, telephone and other telecommunication service

without first securing a city permit therefore from the City Engineer.

b) In addition to the requirements prescribed in the National Building Code (PD

1096), the Philippine Electrical Code as adopted pursuant to Republic Act No. 184, and

other applicable laws, transmission cables, poles, towers, transformers, wires, lines for

the operation of electric service, cable TV, telephone and other telecommunications

services along public roads and places in Vigan shall be installed and maintained

following the latest standard of designs to safeguard public safety, convenience and good

viewing or aesthetics so as not to cause visual pollution.

c) There shall be levied fee to be paid by any person, firm, corporation seeking to

install and maintain facilities as defined in herein at the rate provided for in the Vigan

Revenue Code as Amended (a).

d) The Ilocos Sur Electric Cooperative (ISECO) pursuant to PD 269 is hereby

exempted from the payment of the service fee herein prescribed provided that it complies

with the provisions of Section 76 (b) hereof and provided further that it shows proof of

compliance with the Cooperative Code.

SECTION 103. REGULATING THE DISPLAY OF SIGNS – The following are the

prohibited acts: (Ordinance No. 1, Series of 2007)

a) The display or posting of streamers in the City of Vigan is hereby prohibited, except in the areas specified in Section 80 (Display Areas) hereof or in such

other areas as maybe designated by the City Government of Vigan.

b) No signage shall be displayed, posted, or pasted within the territorial jurisdiction of the City of Vigan without first securing the approval from the

Office of the City Mayor.

c) No signage shall be displayed, posted or pasted on the exterior of any house or establishment and its perimeter fences within the core zone of the City of

Vigan as defined hereof, including election propaganda, save for signages of

establishments with the prior approval of the Vigan Conservation Council

(VCC);

d) The following named signs are prohibited and shall not, at all times, be erected or displayed within the jurisdiction of the City of Vigan:

i) Abandoned Signs

ii) Flashing Signs

iii) Moving Signs

iv) Portable Signs

v.) Roof Signs

vi.) Vehicle Signs including trailer mounted signs

vii. ) Signs Painted Directly On Walls

viii.) Billboard signs that are bigger than 4’ x 8’ (four feet by eight feet).

ix) Structures not exceeding the size herein provided shall first secure a

building permit from the Vigan City Engineering Office. A billboard shall

be one sign board at a given place and time.

x) Any sign or sign structure which by reason of size, location, content,

coloring, or manner of illumination, obstructs the vision of drivers, or

obstructs or detracts from the visibility or effectiveness of any traffic

control device.

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xi.) Any sign or sign structure which by reason of size, location,

content, coloring, or manner of illumination, obstructs free access to or

egress from, or obscures the visibility of a fire escape, door, window, or

other required exit.

xii. Any sign or sign structure which by reason of size, location,

content, coloring, or manner of illumination, constitutes a hazard to public

health or safety.

xiii. Any projecting or ground business or commercial sign outside the

core and buffer zones shall have a maximum distance of 1 (one) meter

from the wall line over the street.

xiv. Any act of nailing of any form of signages on trees.

SECTION 104. EXCEPTIONS - The prohibitions in the preceding Section shall not cover the

following:

a) The following named signs will not require a permit unless the sign is illuminated:

i. Residential Directional Signs

ii. Window Displays

iii. Flags

iv. Holiday Decorations

v. Traffic Control Signs

b) Signs displayed in a place where a business activity is conducted or products are sold, or where a professional holds office, except those signboards, billboards and other

forms of advertisement displayed in the Heritage Area as prescribed by Section 77

hereof and as prescribed in the Conservation Code.

c) Special events and public announcements or notices sponsored or approved by the City Government of Vigan.

SECTION 105. Signs such as streamers or any sign temporary in nature, of stores and other

establishments shall only be allowed for thirty (30) days. The General Services Office (GSO) of

the City Government shall cause the removal of such temporary signs after the lapsed of the

period herein so stated.

SECTION 106. Display Areas for STREAMERS in the City Proper (Barangays 1 to 9) shall be displayed or posted only in the following areas:

a) Pagburnayan, on Gomez Street after Ayusan Norte Welcome Arc;

b) Intersection of Quirino Blvd. & Florentino Street, particularly the northern portion

of the intersection.

c) Intersection of Quirino Blvd. & Rivero Street, particularly the southern portion of

the intersection;

d) Jose Singson Street before the entrance to the terminal;

e) Intersection of Liberation Blvd. and Quirino Blvd., particularly on the eastern

portion of the intersection;

f) On Jose Singson Street, east of “Simbaan a Bassit” or the Catholic Cemetery;

g) Intersection of Rizal and Burgos Streets, particularly the southern part of the

intersection;

h) Other than the above areas, the location of the display areas for streamers shall be

upon the discretion and approval of the Office of the City Mayor.

The exact location within the aforesaid areas however, shall be determined and upon the

approval of the City Government of Vigan. The duration of the display or posting shall likewise

be prescribed by the Business Permits and Licensing Division of the City Government with a fee

provided for in the Vigan Revenue Code as Amended.(a)

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SECTION 107. ELECTION PROPAGANDA. These shall be confined to official posting

areas as may be prescribed by the Commission on Elections (COMELEC) and the City

Government of Vigan. National candidates shall post a bond in the amount of Ten Thousand

Pesos (P10,000.00) and Local candidates shall likewise post a bond in the amount of Five

Thousand Pesos (P5,000.00) at the City Treasurer’s Office and secure a posting permit from the

General Services Office (GSO). The bond may be refunded within thirty (30) days after Election

Day upon certification by the GSO that a candidate’s election propaganda have been properly

disposed of. Otherwise the bond shall be forfeited in favor of the City Government to defray the

cost of post - election clean-up.

SECTION 108. Signages containing words of foreign characters, symbols or alphabets should

be translated in the universal language which shall be the English Language.

B. Water and Land Pollution Management

SECTION 109. RULES AND REGULATIONS IN GOVERNING HOG AND POULTRY

RAISING. (Ordinance No. 10, Series of 1993 and Ordinance No. 12, Series of 1996)

a. Hog and Poultry raising are strictly prohibited in the urbanized areas of Vigan.:

Provided that before any poultry or piggery pen will be constructed, a locational

clearance from the Building Official of the City shall be issued stating therein that the

applicant complied with the standards set forth herein.

b. Hog and poultry raisers shall ensure environmental sanitation through proper waste

disposal. Pigs and chicken manure shall be collected and treated in a well managed

compost pit while water waste for washing the pigpen or poultry wastes in garbage

receptacles or anywhere other than then compost pit, is strictly prohibited;

c. All hogs and chicken raisers shall register to the Barangay Captain who shall likewise

register these to the City Agriculture Office for proper monitoring and for proper animal

care services, respectively;

d. Hog and chicken raising are strictly prohibited in commercial centers;

e. Commercial poultry and hog raisers shall at all times ensure and maintain

environmental sanitation through proper waste management. Except for the chicken

dropping which may sold as fertilizer, hog and poultry raisers shall dispose of their waste

through septic tank and/or subsurface absorption field and shall adopt such other

measures necessary for the protection and promotion of health of persons occupying the

premises and other persons living nearby.

Article C. Noise Pollution

SECTION 110. GENERAL PROVISIONS. To protect the general welfare and public health

against nuisance caused by excessive noise, the following measures shall be implemented:

a. Building, construction, digging equipment, stationary engines, factories, Restaurants, pub houses, karaokes are hereby prohibited to create unnecessary noise which would

result in ambient noise level higher than the ambient standards; and

b. Wanton firing of guns and other noise creating gadgets.

SECTION 111. PROHIBITED ACTS

a. Building, erecting, constructing, installing or implanting any new source; operate, modify, or rebuild an existing source; or by any means cause or undertake any

activity which would result in ambient noise level higher than the ambient

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standards. Neither shall such person emit or cause to emit or suffer to be emitted

noise greater in volume intensity or quality than the levels prescribed by the

DENR for tolerable noise without first securing a clearance from the City Mayor,

and;

b. Causing or permitting the creation of any unnecessary noise through the use of any device on any street adjacent to any hospitals, schools, or courts of justice.

CHAPTER XI

INTEGRATED SOLID WASTE MANAGEMENT

SECTION 112. PURPOSE AND OBJECTIVES .

a. To promote and enhance technological, educational economic and social efforts to

prevent environmental damage and unnecessary loss of valuable resources; through

recovery, recycling and re-use of wastes and waste products; and ecological Solid Waste

management.

b. To provide measures to guide and encourage appropriate government agencies, private

enterprises, and individuals in establishing systematic, comprehensive and ecologically

sustainable waste management.

c. To promote and protect the health, safety, peace, convenience and the general welfare

of inhabitants in the city;

d. To ensure the round the clock cleanliness in the city, through an orderly waste

management;

e. To eradicate the unsightly, uncovered and overflowing waste containers, in streets, public places, open spaces and the indiscriminate dumping of garbage on river banks,

“esteros”, sewage canals and other channels;

f. To guide, control and regulate the generation, segregation, collection transportation and disposal of solid waste within the locality and promote an orderly and sanitary

system for the same;

g. To put an end in the practice of using open dumpsite, which serves as breeding places of harmful insects causing diseases, foul odor and harmful gases which contribute to

global warming and thinning of the “Ozone Layer”, generates leachate which pollute

soil and water resources, and creates unhealthy scavenging activities in the area;

h. To prevent pollution from harmful gases produced by needless burning/ incineration and polluted run-off of hazardous substance into water supply/sources; and

i. To minimize generation of solid waste going to the city controlled dumpsite/ landfill

and maximize possible resource recovery, recycling, composting and utilization by:

a. Encouraging the salvaging of possible recoverable elements from solid wastes for re-use, and recycling back to production process;

b. Encouraging the recycling and resources recovery of waste in households through backyard composting and bio-gas production;

c. Encouraging non-government organizations and the private sector

participation in solid waste management, and;

d. Providing assistance and cooperation in every Barangay and in the disposal site.

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SECTION 113. COVERAGE - The provisions of this chapter shall apply to all solid waste

generators such as residential houses, commercial and industrial establishments, institutions like

hospitals, schools (Public and Private) churches, public and private offices, other establishment

of any kind and agricultural areas that are within the jurisdiction of the City of Vigan.

SECTION 114. MANDATORY SEGREGATION AT SOURCE (Ordinance No. 14, series of

2003)

a) Residential Areas

i. All household or any solid waste generator/s residing within the

territorial jurisdiction of the City of Vigan shall mandatorily segregate its solid

waste into biodegradable/compostable; non-biodegradable/recyclable; and special

waste/non-recyclables.

ii. Segregated solid wastes shall be properly placed in a clear plastic

bag/sack stored within the premises of the solid waste generator and be placed

immediately beside the fence of the house or on designated areas within the

neighborhood only during the specified collection day and hour. Other methods

maybe resorted for easier compliance of waste segregation by the barangay

captains and GSO, subject to the approval of the City Solid Waste Management

Board.(a)

iii. Public thoroughfares and grounds in front or in the vicinity of

residential houses shall be kept clean and tidy by the owner or lessee of the

house/building at all times.

iv. Trees, shrubs and other vegetation within the vicinity of residences

shall be regularly cared for and maintained to minimize generated yard waste and

unpleasant sight.

v. The barangay officials shall be responsible in implementing

mandatory segregation at source in their own jurisdiction. They shall ensure the

efficient management of solid waste generated and shall be primarily responsible

for the implementation and enforcement of the provisions of this Code and RA

9003 within its jurisdiction.

b) Commercial and Business Areas: (Including markets/agoras)

i. All business and commercial establishments located within the

territorial jurisdiction of the City of Vigan shall mandatorily segregate its solid

wastes into biodegradable/compostable; non-biodegradable/recyclable; and

special waste/non-recyclable.

ii. The owner or the head in charge of the business/commercial

establishment shall ensure that segregated solid wastes shall be properly placed in

a clear plastic bag/sack stored within the premises of their establishment. Other

methods maybe resorted for easier compliance of waste segregation by the

barangay captains and GSO, subject to the approval of the City Solid Waste

Management Board

iii. The said segregated solid wastes shall be placed immediately

beside or infront of their establishment only during the specified collection day

and hour,

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iv. The lobby fronting sidewalks and immediate grounds of

commercial establishments shall be maintained clean and presentable by owner,

lessee or head in charge of the establishment.

v. The fronting sidewalks and immediate areas of stalls/open spaces

of markets/agoras shall be kept clean and orderly by the lessee of said stall/ space

at all times.

vi. All vendors within the Vigan Public Market whether regular or

ambulant and all industrial and commercial establishments as well as the

homeowners in the City of Vigan are required to put and install adequate and

sufficient covered trash receptacle within the vicinity of their private property or

business establishment. Garbage or trash must be transferred to clear bags or

sacks sufficiently tied and ready for pick-up disposal. Garbage bags not properly

tied shall not be picked up.

c) Industrial and Institutional Areas

i. All industrial establishments and institutions located within the

territorial jurisdiction of the City of Vigan shall mandatorily segregate its solid

wastes into biodegradable/compostable, non-biodegradable/recyclables and

special waste/non-recyclable.

ii. The owner or head in charge of the industrial establishment or

institution shall ensure the proper segregation and hygienic storage of generated

solid wastes.

iii. The owner or head in charge shall ensure the cleanliness,

orderliness of its facilities, yards and its fronting sidewalks and street and notify

all those working in the premises the provisions of this code.

iv. Hazardous waste (chemical, pathological, biological and radiological)

produced by clinics, hospitals, funeral homes and other similar establishments

shall be stored in yellow plastic bag.

d) Agricultural Areas (Including livestock farms)

i. Homogenous agricultural waste such as rice straws, corncobs, leaves,

animal manure, etc. shall be properly stockpiled by the concerned farmer.

e) Hazardous waste (chemical, pathological, biological and radiological) produced

by clinics, hospitals, funeral homes and other similar establishments shall be

managed in accordance to applicable laws, guidelines, rules and regulations of

the Environment Management Bureau under the Department of Environment and

Natural Resources (DENR), Department of Heath (DOH) and Philippine Nuclear

Research Institute (PNRI) under the Department of Science and Technologies

(DOST).

SECTION 115. WASTE PROCESSING AND RESOURCE RECOVERY (Ordinance No.

14, series of 2003)

a) Residential Areas

i. Segregated recyclable wastes shall be properly stored before

collection. The recyclables shall be collected separately and brought to the Vigan

Solid Waste Management Center, or other recycling centers, eco-centers or junk

dealers or at the Barangay Materials Recovery Facility;

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ii. Food and kitchen wastes generated in areas not covered by the

existing collection route shall be collected as fodder or feeds for animals. Those

portion that are not suitable as fodder shall be composted in the resident’s

backyard;

iii. Residents shall avoid open burning and dumping of solid wastes

and adopt the re-use and recycling practice.

b.) Commercial and Business Areas

i. Segregation of wastes from commercial/business areas shall be

mandatory prior to the issuance or renewal of business permits;

ii. Market/agoras shall adopt a segregation scheme that will facilitate the

segregation of bio-degradable waste from non-biodegradable waste;

iii. Food waste from commercial areas (e.g food centers like carinderias,

restaurants, canteen, etc.) shall not be disposed to sewers.

c.) Industrial and Institutional Areas

i. In industrial establishments segregation of bio-degradable and non-

biodegradable waste shall be performed to avoid foul odors and proliferation of

flies and other insects carrying communicable diseases.

ii. Public and private schools shall adopt appropriate resource recovery

and recycling strategies and it shall be included in their educational curriculum.

d.) Agricultural Areas

Agricultural waste (e.g. rice straw, corncobs, etc.) shall not be burned but

shall be stockpiled in a proper location and composted, animal manure can also be

composted or utilized for bio-degradable production.

SECTION 116. COLLECTION AND TRANSPORTATION OF SOLID WASTE (Ordinance No. 14, Series of 2003.)

a. Residential Areas

i. The concerned residents shall ensure that the solid wastes are brought

out in front of their gates/doors and/or along the collection route of the collection

vehicle/cart during the collection day and hour.

ii. They shall report to the City general Services Officer for any

uncollected waste within the vicinity of residence.

iii. Collection shall be separate for each general type of solid waste,

biodegradable waste, non biodegradable/recyclable waste; non-recyclable and

special waste.

iv. Only properly packed segregated solid waste shall be collected by the

collection crew using different modified garbage trucks of the City Government

or accredited collection trucks/vehicles of the barangay strictly following

collection schedules set by the City Solid Waste Management Board: (a)

v. Households, commercial establishments and institutions are allowed to

bring out their waste conspicuously in front of their premises on the said

collection hours only.

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vi. Solid waste including recyclable items, once collected and put into the

collection equipment by the collection crew, become the property of the City

Government. Unauthorized removal of recyclable material intended for collection

is hereby prohibited. Scavenging, sorting and selling of recyclable materials by

the collection crew shall not be allowed at all times.

vii. City employees/personnel directly dealing with solid waste collection

are the only persons allowed to handle solid waste from the generators. They shall

be equipped with personal protective equipment and shall wear proper uniforms

and ID’s issued by the City Government at all times.

viii. Collection of solid wastes must be strictly done in manner which

prevents damage to containers, spillage or scattering of solid waste within the

collection vicinity.

ix. Collection trucks/vehicles must be covered properly with “trapal” or

“tolda” when transporting collected solid waste to the Vigan Solid Waste

Management Center.

x. All collected solid waste shall be transported directly to the Vigan Solid

Waste Management Center (VSWMC) for resource recovery, processing and final

disposal purposes.

xi. The City Solid Waste Management Board shall determine and

implement the most appropriate handling, storage, collection and transportation of

the segregated solid waste to effectively and efficiently implement the solid waste

management program of the city.

b. Commercial and Business Areas

i. The owner/head in charge of any commercial and business establishment shall be

responsible for the timely positioning of properly packed segregated solid wastes during

collection days and hours as stated in Section 117a (iv)(v) (schedule and time of

collection) . He/she shall likewise assist whenever necessary in the sanitary means of

loading waste for collection purposes.

ii. They shall report to the City General Service Office the collection of

uncollected solid waste and other related matters.

iii. Bio-degradable/compostable solid waste coming from the business

establishments within the Vigan public Market shall be collected daily. Non-

biodegradable/recyclable solid wastes and non-recyclables/special wastes shall be

collected as stated in Section 117a (iv & v)

c. Industrial and Institutional Areas

i. The owner/head in charge of any industrial and institutional establishment shall

assist the City General Services Office in the orderly and sanitary way of collecting and

transporting its solid wastes.

ii. The collection and transportation of any hazardous wastes shall be duly

coordinated with the government agencies, Environmental Management Bureau of the

Department of Environment and Natural Resources (DENR), Department of Health

(DOH), Philippine Nuclear Research Institute (PNRI) concerned with said type of wastes.

SECTION 117. DISPOSAL OF SOLID WASTES (Ordinance No. 14, series of 2003):

a. Residential, Commercial, Institutional Areas

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i. The final disposal facility of all collected segregated solid wastes of the City

shall be located at the Vigan Solid Waste Management Center (VSWMC).

ii. No more than the collection trucks of the city or the accredited collection

truck/vehicles of the Barangay (operated by the Barangay SWM Committee) are

allowed to transport their segregated solid wastes during the specified collection

days and hours at the VSWMC for resource recovery and final disposal.

iii. Incineration or open burning of solid waste shall be prohibited. Residual

wastes after resource recovery, recycling and composting shall be disposed at the

VSWMC. However, traditional small scale method of community/neighborhood

sanitation “siga”, traditional, agricultural, Cultural, health and food preparation

shall not apply to this prohibition. (RA 8749)

iv. Hospital wastes especially pathological wastes shall be sanitized and be

disposed in accordance with existing laws and DOH rules and regulations.

v. Littering, throwing, dumping of waste matters in public places, such as roads,

sidewalks, canals, esteros or parks, vacant lots and establishment; and to any

bodies of water, such as rivers and seas, or causing or permitting the same is

hereby prohibited.

vi. The City Mayor shall issue or revoke “Permit to Dispose Solid Wastes” at

VSWMC to any requesting Barangay Solid Wastes Management Committee of

any Barangay within the territorial jurisdiction of the City not covered by the

existing collection route satisfying all existing ordinance, laws or any regulations

on solid waste management.

vii. Permit to dispose solid wastes issued can be revoked anytime due to violation

of existing laws, ordinances or regulations on solid wastes management.

ix. Scavengers shall not be allowed at the Vigan Solid Waste Management

Center.

x. Toxic, hazardous and health care waste shall be treated by EMB/DENR

accredited waste treaters and shall be disposed of in accordance with RA

6969 (Toxic and Hazardous Waste Management Act) at the expense of

the management of the clinics, hospitals, funeral homes and other similar

establishments.

Other methods maybe resorted for easier compliance of hazardous

and infectious waste disposal subject to the approval of the City Solid

Waste Management Board.

b. Industrial Wastes

All Hazardous Wastes shall be disposed in accordance with the laws,

rules, regulations and guidelines of the concerned national agencies like the

Environmental Management Bureau of the Department of Environment and

Natural Resources (DENR), Department of Health (DOH), Philippine Nuclear

Research Institute (PNRI) and others.

SECTION 118. INCENTIVES – Monetary Rewards or otherwise, shall be given to individuals,

Private Organization and entities, including Non-Government Organization, that have

undertaken outstanding and innovative projects, technologies, processes, and techniques or

activities in re-use, recycling and reduction of wastes.

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Incentives schemes are provided under Chapter IV, Section 45, Paragraph A, B and C of

R.A 9003, the Ecological Solid Waste Management Act of 2000.

SECTION 119. GENERAL CLEANLINESS IN PUBLIC PLACES (Ordinance No. 17,

Series 2002):

a) The dumping of carcasses of dead animals such as dogs, pigs, cats, and rats among

others in drainages, canals, rivers and other waterways is strictly prohibited. These

carcasses shall be disposed off by burying the animals in backyards.

b) Urinating and defecating in all public places within the City of Vigan is strictly

prohibited.

c) Open spitting and nose blowing within the premises of government building including

public places and inside public utility vehicles are strictly prohibited.

d) All open loading trucks and other heavy vehicles loaded with sand, gravel, hollow

blocks, garbage and other materials that may litter the streets of Vigan are required to

place appropriate coverings over the materials being transported.

e) Motor shops, repair shops and private garages of automotive vehicles are required to

provide receptacle cans for storage and recycling purposes of used motor oil. It is also

strictly prohibited to dump used motor oil in canals, waterways or any unauthorized area.

f) All public utility vehicles including school service vehicles, operating within the City

of Vigan are required to have within their vehicles waste can, trash bin, plastic bag or

other garbage receptacle for use by their passengers. A “No Littering” sign shall also be

posted in a conspicuous place near the waste can, trash bin or plastic bag receptacle.

g) The throwing of papers, cigarette butts, and other refuse in areas not usually used as a

garbage receptacle, pit or dumping place within the City of Vigan is hereby prohibited.

(Ordinance No. 1, Series of 1991)

h) All drivers of all animal drawn vehicles are required to install receptacles within their

respective vehicles in order to collect the manure of their animals. (Ordinance No. 2,

Series of 1988)

SECTION 120. DEPUTIZED SOLID WASTE MANAGEMENT OFFICER

a. The City Solid Waste Management Board (CSWMB) shall deputize any person or

Barangay Official as Deputized Solid Waste Management Officer (DSWMO) to

assist in the implementation of the provisions of this code;

b. There shall be at least one Deputized Solid Waste Management Officer

designated in every barangay of the city;

c. THE CSWMB shall define the powers, functions and responsibilities of DSWMO

and formulate its guidelines and procedures in appointing DSWMO;

d. All DSWMO must undergo orientation-seminar on the provisions of this Code

and Solid Waste Management Training prior to their appointment.

e. The Office of the City Treasurer shall provide and issue necessary Citation Tickets to all authorized personnel and deputized officers of all the barangays

SECTION 121. The Barangay Councils of the City of Vigan shall actively participate and are

tasked with the implementation of the provisions of this code in their respective barangays.

CHAPTER XII

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ECO-TOURISM MANAGEMENT

SECTION 122. COMMUNITY-BASED ECOTOURISM. Upon effectivity of this code, the

City Mayor shall establish and support Community-based Ecotourism. It has the following

objectives :

1. To help preserve ecosystems and natural areas (usually already within protected areas) with a high tourism potential;

2. To cultivate environmental consciousness among the local population by educating them about the dangers of overexploiting resources and unrestricted number of tourists;

3. To promote new economic incentives, e.g. selling of local (environmentally safe) products, crafts, and cultivated medicinal plants thereby create some entrepreneurial

skills;

4. To ensure communal ownership and control, and that part of the profits flow into community development programs rather than into personal enrichment; and

5. To foster a feeling of pride and community through a revival or preservation of “traditional” practices and cultural techniques.

SECTION 123. ECO-TOURISM DEVELOPMENT PLAN

The City Government of Vigan, the City Mayor together with the Sangguniang

Panlungsod and in coordination with National government agencies/offices, non-government

organizations and private sector representations shall formulate the City Eco-Tourism

Development Framework to:

a. Regulate and control the growth of economic activities in the City through the implementation of the framework with the approval of the City Mayor and the

Sangguniang Panlungsod. Provided, that said plan shall be disapproved if and

when the potential revenues to be generated amounts to be less than ten (10)

percent over and above the total estimated city investments;

b. Identify and prioritize tourism zones and areas for development in consideration of the ecology, market potential infrastructure investment requirements, economic

viability, strategic position for expansion and community participation. The

determination of such areas shall be subject to the recommendation of the

Sanggunian Panlungsod after consultation with the affected barangay with the

approval of the Mayor;

c. Preserve places, sites or areas of archeological. Cultural and/or historical value of importance;

d. Elicit people and community participation in the tourism industry through the conduct of public consultation/hearing prior to the approval of the tourism-related

facility and activity.

SECTION 124. ECOTOURISM STANDARDS. Any community based tourism project shall

observed the standards in the protection of the ecosystem, maintenance of the physico-chemical

conditions of the area, preservation of local culture and history, infrastructures and signboards

blend with the environment, sustainability and any other standards that maybe provided under

the Tourism Code of the City.

CHAPTER XIII

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ENVIRONMENTAL INFORMATION AND EDUCATION

SECTION 125. The City government through the VCENRO, public information office in

cooperation with the barangay officials, NGOs and POs shall conduct a massive information

campaign to inform and instruct the public and communicate with the people and all stakeholders

on matters relative to the implementation of the provisions of this code.

Environmental education should not be limited to the direct curtailment of activities and

processes that are inimical to the preservation of environment, but more importantly, it should

educate the people and enable them to react and comply with the purpose of the legislative

measure. The objective of a continuing community education

program is to cultivate environment friendly lifestyles and concretize sustainable use practices

among individuals and industries alike.

CHAPTER XIV

ENVIRONMENTAL IMPACT ASSESSMENT

SECTION 126. GENERAL PROVISION.

All persons, whether natural or juridical, including national government agencies and

local government units, who intend to undertake any program or project which may have

significant impacts on the environment shall undertake environmental impact assessment and

shall disclose all findings in an environmental impact assessment report for public review. The

assessment shall be conducted as early as possible but not later than the feasibility study phase of

the proposed program or project so that the assessment and its findings shall be considered in the

final total design of the program or project.

For purposes of this Code an environmental impact assessment shall be conducted to

identify, forecast and evaluate the future state of the environment as a consequence of a

particular activity and with reference to a comparative assessment of the environment's future

state without the activity. The EIA shall address constraints as well as opportunities to the

environment that the success of the proposed activity may cause, thereby ensuring that expected

benefits are obtained in a sustainable manner or with minimal damage to the environment.

Further, to validate the extent of social acceptability of projects defined under PD 1986 and

provided for in the DENR Admin. Order 37-96, the City Mayor and the Sangguniang

Panlungsod shall fully exercise their powers to ensure that a public hearing shall be conducted as

a condition precedent to the issuance of an ECC.

For projects not covered by the EIA System, including those not required by national

laws to secure ECC shall be subject to an initial environmental safeguards pursuant to DENR

Administrative Order 37-96, Revising DENR Administrative Order No. 21, Series of 1992 to

Further Strengthen the Implementation of the Environmental Impact Statement (EIS) System.

SECTION 127. ENVIRONMENTAL IMPACT ASSESSMENT MONITORING TEAM –

There is hereby created an EIA Monitoring Team which shall be organized and headed by the

Environmental Council of Vigan

SECTION 128. FUNCTIONS OF THE EIA MONITORING TEAM. The team shall monitor

compliance of project Environmental Plans, conditions set by the ECC and permits issued by the

DENR to the project; gather relevant information to determine cause of damage and respond to

public complaints about the project, prepare, integrate and disseminate monitoring status reports;

and undertake community information and education dissemination. Further, the team shall:

a. Participate in the scoping activities; b. Validate scoping sessions as provided in this code;

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c. Participate in the preparation of EIS document; d. Review the EIA and IIE (define in the definition of terms) e. Participation in public consultation and hearing; f. Participate in law enforcement; g. Conduct regular inventory of establishments h. Submit written monthly report to the City Mayor.

SECTION 129. VALIDATION OF SCOPING SESSIONS. The City Mayor through the EIA

Monitoring Team shall review the documentation of the scoping session and as required by law,

validate its authenticity by signing it. Likewise, the City Mayor shall assist EIA preparers in

identifying the stakeholders who should b einvolved in the scoping sessions.

SECTION 130. PARTICIPATION IN THE PREPARATION OF THE EIS DOCUMENT. The Mayor through the EIA Monitoring Team shall participate in the preparation of the EIS

Document by identifying the potentially affected population, assessing the demands and needs of

the affected population, providing the EIA preparers, articulating the potential impacts which

may affect public interest and ensuring that the proposed project is consistent with the provincial

policies and plans.

SECTION 131. REVIEW EIS DOCUMENTS. The Mayor through the EIA Monitoring Team

shall review the EIS done on the province. Upon recommendation of the team, the City Mayor

may procure the services of experts to validate the findings of the study.

SECTION 132. PARTICIPATION IN PUBLIC CONSULTATION AND HEARING. The

Mayor through the EIA Monitoring Team shall attend public consultation and public hearing on

the conduct of EIA, be informed of new issues which arise and articulate the views and concerns

of the city government.

SECTION 133. LAW ENFORCEMENT. The City Mayor through the EIA Monitoring Team

and the DENR shall work together to enforce the law, including the closure of the

establishments and projects and the prosecution of offenders.

SECTION 134. INVENTORY OF ESTABLISHMENTS. The City Mayor through the EIA

Monitoring Team and the DENR shall conduct an annual inventory of existing establishments

and projects within the city to ascertain whether these have complied with the IEE as required

under this code and the EIA and ECC requirements as defined by law.

SECTION 135. COMPLIANCE FOR PROJECTS NOT COVERED BY THE EIA

SYSTEM. All projects defined under PD 1586 which are proposed to be undertaken in the City

of Vigan including those not required by national law to secure ECC and therefore not covered

by the EIA System pursuant to PD 1586, shall be subject to an initial environmental examination

(IEE), in addition to submissions of additional environmental safeguards pursuant to DENR

Administrative Order 37-96; provided that the Mayor shall issue a circular identifying those

projects not covered by the EIA System which shall be subject to IEE in accordance with this

provision; provided further that the Mayor shall submit his/her proposed measure for legislative

enactment to the Sangguniang Panlungsod including recommendations for sanctions, penalties

and/or charges for violation of this procision, within nine (9) months upon effectivity of this

code.

SECTION 136. ENVIRONMENTAL GUARANTEE FUND. The City Mayor through the

EIA Monitoring Team as provided for in this Code, shall participate in the negotiation and

review of the Memorandum of Agreement (MOA) between the project developer and concerned

parties as prescribed by law for the establishment of an Environmental Guarantee Fund (EGF)

for projects creating significant public risk.

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CHAPTER XV

FUNDING

SECTION 137. ACCRUAL OF INCOME. Any income for the operation of the MRF-

Composting Plant of the city shall accrue to the General Fund and shall be primarily used for the

operational expenses and possible expansion of the plant and its marketing

CHAPTER XVI

EXECUTIVE-LEGISLATIVE OVERSIGHT COMMITTEE

SECTION 138. A Joint Oversight Committee composed of representatives from the Executive

and Legislative Levels shall be formed who will be responsible in the formulation and

enforcement of the Implementing Rules and Regulations for a more specific, effective and

efficient implementation of the provisions of this code.

CHAPTER XVII

INCENTIVES AND REWARDS

SECTION 139. The City Government of Vigan in coordination with the DENR shall provide

rewards and incentives to any individual, private organization and entities that will be

undertaking environment-friendly projects and programs.

CHAPTER XVIII

PENALTYPROVISIONS

SECTION 140. PENALTIES FOR VIOLATION. Any person or persons who shall violate

any of the provisions of this Code or the rules or regulations promulgated by authority of this Code

shall be punished by a fine of not less than One Thousand Pesos (P1,000.00) nor more than Five

Thousand Pesos (P5,000.00), or imprisonment of not less than one (1) month but not more than six

(6) months, or both, at the discretion of the court.

SECTION 141. PENALTIES FOR VIOLATIONS UNDER CHAPTER XI (Integrated Solid

Waste Management).

i. Any business/commercial establishment, institution, corporation,

partnership or other juridical entity duly organized in accordance

with law, the chief executive officer, president, general manager,

managing partner or such other officer-in-charge shall be liable for

the commission of the offense and be punished with a fine of Two

Thousand Pesos (P2,000.00). Additional Two Thousand Pesos

(P2,000.00) in fine shall be imposed for the second and third

offenses;

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j. Any business, commercial and industrial establishment and

institution that violates any provision of this code for three times

shall be a ground for revocation of its Mayor’s Permit.

k. The Fines herein prescribed shall be increased by at least Twenty-five percent (25%) every three years to compensate for inflation and

to maintain the deterrent function of such fines.

l. Fines collected shall accrue to the Garbage Collection Fees Trust

Fund of the city and be divided as follows:

50% - City Fund to be used exclusively in SWM Program

25% - Barangay where the violation was committed or where

hension was made to be used exclusively for their Barangay SWM

Program

25% - For the apprehending Person or Official

SECTION 142. PENALTY PROVISION . (Registration of Fishing Vessel)

a. A Penalty of P600.00 shall be imposed on fishing vessels caught without proper registration;

b. For any violation of the provisions of the Fisheries code and other related legislation committed by the license holder as his first offense, a warning shall be issued in

addition to the imposition of corresponding fines and penalties. This shall be recorded

on the license itself. For the second offense, an additional administrative fine in the

amount of P2, 500.00 shall be imposed. Licenses will automatically be revoked if the

holder commits same offense for a third time.

c. Fishing vessels caught not in accordance with the prescribed color as embodied in Province of Ilocos Sur Ordinance NO. 03-08, Series of 2008 shall be fined as

follows:

c.1 For first offense – Two Thousand Five Hundred Pesos (P2,500.00)

c.2 Subsequent Offenses – Five Thousand Pesos (P5,000.00) or imprisonment of not

more than one (1) year or both at the discretion of the court.

c. There shall be an impounding fee for non-registered fishing vessels three (3) gross

tonnage and below, viz:

(1) Five days and below P1,000.00

(2) Six days to ten days 2,000.00

(3) Eleven to fifteen days 3,000.00

Fishing vessels impounded for more than fifteen days not claimed by the owner shall

be deemed cancelled and subject for public auction.

CHAPTER XIX

TRANSITORY PROVISION

SECTION 143. The provisions of this Code shall be fully implemented two (2) years after its

approval. For a more effective implementation of this code, there is hereby created additional

positions at the VCENRO as may be recommended by the Local Chief Executive, subject to the

availability of funds of the city.

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CHAPTER XX

FINAL PROVISIONS

SECTION 144. SEPARABILITY CLAUSE. Whenever for any reason, any provisions, section

or part of this code is declared not valid by a Court of competent jurisdiction or suspended or

revoked by the authorities concerned, such judgment shall not affect or impair the remaining

provisions, sections or parts which shall continue to be in full force and effect.

SECTION 145. REPEALING CLAUSE. All ordinances, executive orders, proclamations and

administrative regulations, or parts thereof, which are inconsistent with any provisions of this

Code, are hereby repealed or modified accordingly.

SECTION 146. EFFECTIVITY. This Code shall take effect after the lapse often (10) days

from the date of publication in a newspaper of local circulation or after posting of the same in

three (3) conspicuous places in the City.

Enacted on June 01, 2009.

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ANNEXES:

ANNEX A: STANDARD VESSEL REGISTRATION APPLICATION FORM

Republic of the Philippine

Province of Ilocos Sur

City of Vigan

CITY FISHING VESSEL

REGISTRATION APPLICATION FORM

MFVR NO:

DATE

OWNERSHIP AND DOCUMENTATIONS

TYPE OF REGITRATION

Initial Registration

Issuance of New Certificate of Number (CN)

Re-issuance of Certificate of Number (CN)

FOR CHANGE IN HOMEPORT

PREVIOUS HOMEPORT ORIGINAL CN

OWNER (Family Name, First Name, M.

1.

ADDRESS (No. of Street, Barangay,

Municipality/City, Province)

FOR CHANGE OWNERSHIP

ACQUIRED FROM (Surname, First Name, M.I.)

ADDRES OF PREVIOUS OWNER (No. of Street,

Barangay, Municipality/City, Province)

HOMEPORT

VESSEL TYPE

Non- motorized

Motorized

FOR CHANGE IN TECHNICAL

SPECIFICATIONS

Modified vessel

Admeasurements

New engine

ORIGINAL

AL CN

NAME OF FISHING VESSEL

FOR CHANGE IN NAME OF FISHING VESSEL

ORIGINAL NAME OF FISHING

VESSEL

ORIGINAL

CN

NAME OF BUILDER (Surname, First Name, M.I)

PROPOSED NAME

PLACE BUILT YEAR BUILT OTHERS

I HEREBY CERTIFY THAT ALL

INFORMATION CONTAINED HEREIN IS

TRUE AND CORRECT AND THAT ACTUAL

INSPECTION OF THE FISHING VESSEL WAS

CONDUCTED.

PRINTED NAME AND SIGNATURE OF

ADMEASUREMENTS OFFICER

REMARKS FINDING AND

RECOMMENDATION

NOTED BY:

CITY AGRICULTURIST

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ANNEX B: CERTIFIED STANDARD ADMEASUREMENTS AND TONNAGE FORM

Republic of the Philippines

Province of Ilocos Sur

City of Vigan

CERTIFIED STANDARD

ADMEASUREMENTS AND TONNAGE FORM

MVFR No.

DATE

OWNER (Family Name, First Nam e, M.I.)

ADDRESS (No. of Street, Barangay,

Municipal/City , Province)

NAME OF FISHING VESSEL

VESSEL TYPE

Non-motorized Motorized

FISHING VESSEL DIMENSIONS TONNAGES

LENGTH (METERS) BREADTH (METERS) DEPTH (METERS)

GROSS TONNAGE

NET TONNAGE

PARTICULARS OF PROPULSION SYSTEM

ENGINE MAKE SERIAL NUMBER HORSEPOWER

PLACE OF INSPECTION DATE OF INSPECTION TIME OF INSPECTION

I HEREBY CERTIFY THAT ALL

INFORMATION CONTAINED

HEREIN IS TRUE AND

CORRECT AND THAT ACTUAL

INSPECTION OF THE FISHING

VESSELS WAS CONDUCTED

PRINTED NAME AND SIGNATURE OF ADMEASUREMENTS

OFFICER

REMARKS FINDINGS AND RECOMMENDATIONS

NOTED BY:

CITY AGRICULTURIST

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ANNEX C: CERTIFICICATE OF NUMBER

Republic of the Philippines

Province of Ilocos Sur

City of Vigan

OFFICE OF THE MAYOR

CERTIFICATE OFFICIAL NO.

NAME OF FISHING VESSEL VESSEL TYPE

Non-motorized

Motorized

HOMEPORT

THIS IS TO CERTIFY THAT Mr./Mrs. Ms.___________________________________________ of

Barangay___________________, Municipality/ City of _________________________ in the

Province of __________________is the OWNER/OPERATOR of the herein named and described

fishing vessel

FISHING VESSEL DIMENSION AND TONNAGES

LENGTH (METERS) BREADTH (METERS) DEPTH (METERS)

GROSS TONNAGE NET TONNAGE

PARTICULARS OF PROPULSION SYSTEM

ENGINE MAKE SERIAL NUMBER HORSEPOWER

Issued in compliance with RA 8550 and EO and under the provisions of Section ___ of

Municipal/City Ordinance No._____ at_________________ on

________________.

______________________________

City Mayor

Paid under O.R. No.:

____________________

Date:

____________________________________

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Annex D

Republic of the Philippines

Province of Ilocos Sur

CITY OF VIGAN

( ) NEW

( ) Renewal

FISHERFOLK’S REGISTRATION FORM

Name of Fisherman: ______________________________________________

(Last) (First) (Middle Initial)

Address: ________________________________________________________

(No./Street/Barangay/City Province)

Age: ___________ Date of Birth: _________ Place of Birth: ________________

Sex: ( ) Male ( ) Female Blood Type______________________

Civil Status: ( ) Single ( ) Married ( ) Widow/Widower ( ) Separated

Name of Spouse: _____________________ Occupation :____________________

Area:

( ) fish coral _______ sq.m. ( ) meter deep fish coral

( ) fish pen ________ s.q.m. ( ) catching “bangus” fry or

( ) fish cage________ s.q.m. “kawag-kawag”

( ) fish pond ________ s.q.m.

( ) oyster culture bed ____ sq.m.

Type of water: ( ) brackish Location_______________________

( ) freshwater

Type of Fishing Gears Used: ______________________________________________

Other Source of Income: _________________________________________________

I HEREBY CERTIFY that the information given above are true and correct to the best of my

knowledge.

__________________________

Fisherrman

_____________________________

Barangay Captain

Verified by:

________________________

Agriculture Technician

________________________

FiAs President

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65

(Sgd.)

FRANCISCO P. RANCHES, JR.

City Vice Mayor & Presiding Officer

(Sgd.) LOURDES DG BAQUIRAN. AUDIE Q. AGDAMAG

Sangguniang Panlungsod Member Sangguniang Panlungsod Member

(Sgd.) GEORGE J. VILLANUEVA (Sgd.) HENRY A. FORMOSO

Sangguniang Panlungsod Sangguniang Panlungsod Member

(Sgd.) EVERIN F. MOLINA (Sgd.) ANDRES A. ADRIATICO

Sangguniang Panlungsod Member Sangguniang Panlungsod Member

(Sgd.) HERMENIGILDO A. APELIN (Sgd.) LORETO A. QUIBILAN

Sangguniang Panlungsod Member Sangguniang Panlungsod Member

(Sgd.) MAXIMO M. ALVES (Sgd.) BENEDICTO JOSE P. VERZOSA

Sangguniang Panlungsod Member Sangguniang Panlungsod Member

(Sgd.) JOHN PATRICK A. SINGSON (Sgd.) EDREEN JEREMIAH F. PAJARO

Sangguniang Panlungsod Member Sangguniang Panlungsod Member

Attested:

(Sgd.) JAYSON P. AVILA

Secretary to the Sangguniang Panlungsod

Approved:

(Sgd.) EVA MARIE S. MEDINA

City Mayor