Republic of the Philippines
Province of Negros Oriental
Office of the Sangguniang Panlungsod
City of Tanjay

EXCERPT FROM THE JOURNAL OF THE 104TH REGULAR SESSION OF THE 7TH SANGGUNIANG PANLUNGSOD OF THE CITY OF TANJAY HELD AT THE SP SESSION HALL ON JULY 23, 2018.

PRESENT:

Honorable Regalado D. Salma, Jr. Acting City Vice-Mayor/Acting Presiding Officer
Honorable Daryll T. Aba Member
Honorable Francisco R. Dael, Jr. Member
Honorable Joselito R. Manso Member
Honorable Henry R. Tam Member
Honorable Felix R. Mira, Jr. Member
Honorable Teopisto T. Calumpang, Jr. Member
Honorable Patchita Y. Bulandres Member
Honorable Epifanio T. Busmion Member
Honorable Irving M. Malunda Member
Honorable James Kenneth G. Aguilar (SK President) Member

 

ON OFFICIAL BUSINESS:

Honorable Ysmael V. Cornelio (Interim ABC President) Member

RESOLUTION NO. 18-254

“WHEREAS, Republic Act 7183 was passed to regulate and control the sale, manufacture, distribution and use of firecrackers and other pyrotechnic devices to further promote public safety and national security;

“WHEREAS, even with the enactment of this national law, it is worthy of note that there is still considerably a high incidence of reported cases of injuries and fatalities due to the careless use and playing of firecrackers especially among minors or underaged;

“WHEREAS, the use of firecrackers is also a known cause of fires and therefore damages to private and public properties;

“WHEREAS, the most recent makes of firecrackers are much bigger and stronger and even more dangerous to handle, behaving like mini-grenades or miniature Tri-nitro-toluene (TNT) bombs or explosives;

“WHEREAS, the inhalation of firecracker smoke contains hazardous chemicals which are injurious to our lungs and may cause respiratory disorders;

“WHEREAS, noise is unhealthy and can disrupt the normal functions of our peace-loving constituents;

“THEREFORE, on motion of Member Irving M. Malunda, seconded by Members Teopisto T. Calumpang, Jr. and Francisco R. Dael, Jr., the Honorable Sangguniang Panlungsod

“RESOLVED to enact the following ordinance, to wit:

ORDINANCE NO. 7

AN ORDINANCE PROHIBITING THE SALE OF FIRECRACKERS TO UNDERAGED BUYERS AND FURTHER REGULATING THEIR USE WITHIN THE CITY OF TANJAY

“Be it ordained by the Honorable Sangguniang Panlungsod, that:

“Section 1.  Title.  This ordinance shall be known as “An Ordinance Prohibiting the Sale of Firecrackers to Underaged Buyers and Further Regulating Their Use Within the City of Tanjay.”

“Section 2.  Coverage.  This ordinance shall cover both the sellers and buyers of firecrackers within the territorial jurisdiction of Tanjay City.

“Section 3.  Definition of Terms.

 (a) Firecrackers – A fireworks item containing flash powder and wrapped in paper with a fuse attached.  When the fuse is lit, it burns down inside the paper until it reaches the flash powder. The deflagration of the flash powder results in a loud explosion.

 (b) Pyrotechnics – is the art of making fireworks into different designs and colors when used such as flares, rainbow rockets, bingalas, fountain cones, baby rockets and the like.

 (c) Underaged – any person under the legal age of 18.

 (d) Public Places – places of amusements, church premises, city hall premises, public market premises, barangay hall premises and school premises, including public road and city streets.

 (e) Firecracker Seller – a merchant who sells firecrackers.

 (f) Firecracker Buyer – a person who purchases firecrackers.

 (g) “Goodbye” Firecrackers – refer to high intensity firecrackers aptly labeled as “Goodbye Philippines”, “Goodbye Earth”, “Goodbye Universe” and other names like it.

“Section 4.  Date allowed for the Use of Firecrackers/Pyrotechnics.  Only those firecrackers and pyrotechnics allowed in Republic Act 7183 may be used in the following cultural events, to wit:

  1. During chapel or barangay fiesta (fiesta date only);
  2. Devotional fiesta of the parish church;
  3. City fiesta and festivals.

“Section 5.  Mayor’s Permit.  In the use of firecrackers and other pyrotechnic devices during chapel or barangay fiestas, a special permit shall be secured from the Office of the Mayor.

“Section 6.  Prohibitions.

  1. No person or group of persons under any age level is allowed to sell, buy or use the following kinds of firecrackers which are determined or known to have such explosive content that could endanger life and limb, to wit:
  2. Super Lolo
  3. Big Bawang
  4. Molotov bomb
  5. “Goodbye” firecrackers
  6. Other big firecrackers and the like
  7. NO firecrackers shall be sold to underaged buyers (below 18 years old).
  8. No person shall “resell” firecrackers for his/her own personal gain to minor buyers who cannot buy them directly from firecracker outlets.
  9. No person or group of persons is allowed to use the firecrackers in certain “public places” as described in Section 3 in order to minimize the occurrence of accidents and nuisance.

“Section 7.  Enforcement/Inspection Team/Signages.  The PNP Members, Barangay Tanods and Barangay Officials shall conduct surveillance and monitor the activities of those who are using firecrackers and pyrotechnics during the above-mentioned dates and time.   Signages that say “Buying of Firecrackers is Prohibited to Persons Under the Legal Age of 18” shall be used to drive away minors from buying firecrackers.

“Section 8.  Penalty. Any violation of the provisions of this ordinance shall be fined of not less than 1,500.00 but not more than 5,000.00 or the closure of firecracker stall/store.

“Section 9.  Repealing Clause.  All ordinances contrary or inconsistent with this ordinance are repealed or modified accordingly.

“Section 10.  Separability Clause.  If any of the provision of this ordinance is declared unconstitutional or illegal, the same should not affect the validity and effectivity of the other provisions thereof.

“Section 11.  Effectivity Clause.  This Act shall take effect fifteen (15) days after its publication in at least one (1) newspaper of general circulation.

“UNANIMOUSLY APPROVED.”

_____________

I HEREBY CERTIFY to the correctness of the above-quoted resolution.

JOSELITA C. FLORDELIZ
SP Secretary

DARYLL T. ABA FRANCISCO R. DAEL, JR. JOSELITO R. MANSO
HENRY R. TAM FELIX R. MIRA, JR.. PATCHITA Y. BULANDRES
EPIFANIO T. BUSMION TEOPISTO T. CALUMPANG IRVING M. MALUNDA
JAMES KENNETH G. AGUILAR
ATTESTED: APPROVED:
REGALADO D. SALMA, JR
Acting City Vice-Mayor/ Acting Presiding Officer
REYNALDO S. CONCEPCION
City Mayor