Anti-sidewalk abuse ordinance approved

CEBU, Philippines —  In response to President Rodrigo Duterte’s directive to intensify the clearing of roads and sidewalks, the Mandaue City Council has amended its anti-abuse of city sidewalks ordinance.

Under the ordinance, all business establishments and residential houses situated along any thoroughfare in the city are prohibited from maintaining any structure at the sidewalk that will impede the passage of pedestrians and passersby.

Councilor Jimmy Lumapas, who sponsored the ordinance, noted that many of those cited for violation of the existing ordinance are habitual offenders saying that the penalty, even with its amendment, is way too low to serve as a deterrent.

 With the issuance of the Department of Interior and Local Government Memorandum Circular No. 2019-121, all Local Government Units are now directed to exercise powers essential to reclaiming public roads and alleys which are being used for private ends.

 “Hence, it is now imperative for the City Government of Mandaue to look closely on this matter and the passage of a suppletory Ordinance which will practically curb the proliferation of these activities and practices which relatively endanger the public safety and thereby restoring the city sidewalks to the pedestrians and passersby,” Lumapas further said.

 To be known as the Anti-Abuse of Roads and Sidewalks Ordinance of 2019, it provides that the city government is committed to revoke business permits to private entities occupying public roads, sidewalks and other thoroughfares; and must ensure immediate and effective implementation of road and sidewalk clearing operations.

The measurements of sidewalks or footwalks which shall be free and cleared from all forms of obstructions are 1.2 meters for barangay roads, 2 meters for city roads and 3 meters for national roads.

 The City Legal Enforcement Unit and the Traffic Enforcement Agency of Mandaue shall be asked to effectively and efficiently implement the provisions of the ordinance to ensure of its strict compliance.

There will be a Road Clearing Task Force that shall serve as the adjudicating body to conduct summary proceedings to adjudicate on administrative vases.

 The administrative fine starts at P3,000 for the first offense and the succeeding offense is tantamount to confiscation of articles, goods, or merchandise, impounding of subject vehicles, motorcycles, tricycles, bicycles or trisikads and demolition of stalls or structures and a fine of P5,000.

 The Business Permit and Licensing Office shall cause the revocation of the business permit of the private establishments after a succeeding violation shall have been established by the CLEU and TEAM and decided finally by the adjudicating body.  FPL (FREEMAN)