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Barangay Ordinance

 

BARANGAY ORDINANCE NO. 03-2008

AN ORDINANCE REGULATING THE CARE AND CUSTODY OF DOGS AND CATS, AUTHORIZING THE CONFISCATION, IMPOUNDING AND DISPOSITION OF STRAY AND POTENTIALLY VICIOUS DOGS AND CATS, IMPOSING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES

Section 1. - All owners or possessors of dogs and/or cats within the territorial jurisdiction of this Barangay shall register their dogs and/or cats with the Barangay Bel-Air Office on or before the 31 st day of January of each and every year except those who became owners or occupants of any residence or establishment thereafter, provided they can show proof of the initial date of their ownership, residency or occupancy, in which case, they shall comply with the registration requirement with fifteen (15) calendar days immediately following their ownership, residency or occupancy thereof.

Section 2 - Each dog and/or cat that is registered with the Barangay shall be assigned a dog tag and/or cat tag with a serial number. The owner or possessor of the dog and/or cat shall ensure that the dog and/or cat tag is worn by said dog and/or cat at all times. A fee of One Hundred Pesos ( P 100.00) shall be collected from the dog and/or cat owner for every dog and/or cat tag issued or for every replacement thereof.

Section 3 - Dogs and/or cats shall be kept and maintained within the premises of a residence or establishment; in addition thereto, visible printed words signifying the presence of a dog therein shall be prominently displayed immediately outside the said premises.

Section 4 - If a dog and/or cat is outside the premises of a residence or establishment, it must be securely held on leash and its mouth securely covered with protective muzzle, and must be accompanied by the owner or possessor thereof. The leash shall not exceed two (2) meters in length.

Section 5 - The owner or possessor of a dog and/or cat shall be civilly and criminally liable for injuries to person/s or damage to property/ies arising from any and all acts committed by the dog and/or cat without prejudice to the imposition of the penalties provided under Sections 6, 10, 11, 12, 13, 14 and 15 of this Barangay Ordinance.

Section 6 - Stray dogs and/or cats caught roaming in any of the streets of this Barangay or any of its parks and open spaces shall, in addition to a fine of One Thousand Pesos ( P 1,000.00) imposable upon the owner or possessor thereof, be impounded and kept for a period not exceeding forty eight (48) hours. If the dog or cat is not claimed by its owner or possessor and/or the corresponding fine therefor is not paid within the said period, the same shall be disposed in an appropriate manner by the Punong Barangay or any barangay official or employee designated for the purpose and the Barangay is hereby rendered free and harmless from any liability therefor.

Section 7 - If there are dogs and/or cats which are proven to be dangerous or constitutes a nuisance to the community, the owner or possessor thereof shall be requested in writing by the Punong Barangay or any barangay official concerned to undertake appropriate remedial measures to prevent any harm or injury to any person or property or in the alternative, to remove such dog or cat from Barangay Bel-Air within ten (10) calendar days from receipt of said notice. Should the owner or possessor fail to comply therewith, such dog and/or cat shall be subject to immediate impounding and disposition exclusive of the imposable fine in accordance with Section 6 of this Barangay Ordinance .

Section 8 - Breeding of dogs and/or cats for commercial purposes shall not allowed within the territorial jurisdiction of this Barangay while training of dogs and/or cats shall be confined within the premises of a residence or establishment; failure to comply therewith shall subject the dogs and/or cats herein mentioned to impounding and disposition exclusive of the imposable fine to the owner or possessor thereof in accordance with Section 6 hereof. Breeding of dogs and/or cats shall be considered commercial in nature if any advertisement in connection therewith is undertaken .

Section 9 - The Punong Barangay or any barangay official concerned, after due notice, shall have the right to inspect during reasonable hours a residence or establishment known or reported to have dogs and/or cats mentioned in Sections 1 and 7 hereof but such right shall not be utilized for any other purpose except in pursuance thereof.

Section 10 - The owner or possessor of a dog and/or cat who shall fail to register his dog and/or cat within the period prescribe in Section 1 hereof shall be penalized by a fine of One Thousand Pesos ( P 1, 000.00) payable within five (5) calendar days from notice thereof; failure to comply therewith shall subject the dog and/or cat to impounding and disposition in accordance with Section 6 hereof.

Section 11 - The owner or possessor of a dog and/or cat who shall fail to display the dog and/or cat tag required under Section 2 hereof shall be penalized by a fine of One Thousand Pesos ( P 1,000.00) payable within five (5) calendar days from notice thereof; failure to comply therewith shall subject the dog and/or cat to impounding and disposition in accordance with Section 6 hereof.

Section 12 - The owner or possessor of a dog who shall fail to comply with the notice requirement under Section 3 hereof shall be penalized by a fine of One Thousand Pesos ( P 1,000.00) payable within five (5) calendar days from notice thereof; failure to comply therewith shall subject the dog to impounding and disposition in accordance with Section 6 hereof.

Section 13 - The owner or possessor of a dog and/or cat who shall fail to comply with the leash requirement under Section 4 hereof shall be penalized by a fine of One Thousand Pesos ( P 1,000.00) payable within five (5) calendar days from notice thereof; failure to comply therewith shall subject the dog and/or cat to impounding and disposition in accordance with Section 6 thereof.

Section 14 - The owner or possessor of a dog and/or cat who shall fail to comply with the protective muzzle requirement under Section 4 hereof shall be penalized by a fine of One Thousand Pesos ( P 1,000.00) payable within five (5) calendar days from notice thereof; failure to comply therewith shall subject the dog and/ or cat to impounding and disposition in accordance with Section 6 hereof.

Section 15 - A dog and/or cat that attacks and/or bites a person within the territorial jurisdiction of this Barangay shall constitute conclusive presumption that the said dog and/or cat is dangerous or vicious and the same shall be summarily removed from the barangay and disposed in an appropriate manner by the Punong Barangay, barangay official or employee designated for the purpose and the Barangay is hereby rendered free and harmless from any liability therefor .

Section 16 - The Punong Barangay, barangay official, employee or representative concerned shall not be held liable or responsible for whatever may happen to a dog and/or cat caught outside the premises of a residence or establishment within the territorial jurisdiction of this Barangay; provided further, that the penalties imposed under this Barangay Ordinance shall be without prejudice to the institution of any criminal and/or civil action by the aggrieved party/ies arising from death or physical injury and/or damage to property.

Section 17 - If any provision of this Barangay Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 18 - Effectivity This Ordinance shall take effect after ten (10) calendar days from the date a copy hereof is posted in the bulletin board of the Barangay Office and in at least two (2) other conspicuous places within Barangay Bel-Air pursuant to Section 59(b) of Republic Act No. 7160 or the Local Government Code of 1991. The gist of this Ordinance shall be published once in a newspaper of general circulation within Makati City . Within ten (10) days after the enactment of this Ordinance, the Sangguniang Barangay shall furnish a copy thereof to the Sangguniang Panglungsod of Makati City for its review as to whether said Ordinance is consistent with law and city ordinances.

 

SECURITY - GATES AND STREETS

Barangay Ordinance No. 06-92

In consideration of the residents' right to first use of the recreational and other facilities of the Village and to the peace and tranquility of their homes, with the end view of further discouraging advertising companies and film production outfits from using the said facilities, the following rules have been enforced:

1.) The permit fee for filming in and around Bel-Air Village, including but not limited to its parks, covered courts, pavillions, streets, and private residences (hereinafter collectively referred to as the "village environs") be now pegged at three thousand pesos (P 3,000.00) for the first three (3) hours and an additional one thousand pesos (P1,000.00) pero hour in excess of the said three (3) hours, it being expressly understood that a fraction of an hour shall be considered a full hour.

2.) The barangay permit fee shall be separate and distinct from any fee or imposition that may be charged upon the applicant by the Bel-Air Village Association and shall cover any commercial filming activity geared for movie and/or television consumption.

3.) The names of all the performers, bit players, crew and staff of the individual, proprietorship, partnership or corporation which applied for the filming permit (hereinafter referred to as the "applicant") shall be submitted to the Barangay Council for the latter's consideration and review at least five (5) calendar days prior to the date of use of the village environs.

4.) As a condition precedent to the approval of the application, the applicant shall execute an undertaking which will contain the following provisions, among other conditions, to wit:

a.) that applicant shall promptly and peacefully vacate the village environs and restore the same to its original state after its use thereof;

b.) that the applicant shall hold Barangay Bel-Air, its officers, employees, legal representatives and agents, free and harmless from any damages or liability or responsibility to persons or property arising out of or as a consequence of the use of the village environs by the applicant, its officers, employees, legal representatives or agents; and

c.) that the applicant shall hold itself liable for any and all damages directly or indirectly caused to Barangay Bel-Air, its officers, employees or any of its constituents by the applicant's use of the village environs.

5.) Computation of the time for permit purposes shall commence from the time of entry of at least one member/employee, agent or representative of the applicant at any of the gates of the Village and shall be considered terminated from the time of departure of the last member, employee, agent or representative of said applicant at any of the gates of the Village.

6.) The issuance of the Barangay filming permit does not authorize the applicant to use the names "Bel-Air", "Bel-Air Village" or "Barangay Bel-Air" which may only be used with th express written consent of the Bel-Air Village Association and Barangay Bel-Air.

 

SECURITY - VEHICLES, TRAFFIC AND PARKING RULES

Barangay Ordinance No. 03 (s. 1965)

A speed limit of 30 kilometers per hour is in effect inside Bel-Air Village and enforced by Barangay Tanods and BAVA Security.

Barangay Ordinance No. 01 (1991)

Only parallel parking is allowed on the following perimeter streets of Bel-Air Village from 7:00 a.m. - 9:00 p.m. on Mondays-Fridays:

Jupiter Street
Polaris Street
Estrella Street
Reposo Street
Metropolitan Avenue
Buli Street (extension of Neptune Street outside the gate barrier)

Parking on Saturdays, Sundays and official non-working holidays is allowed the whole day.

Parking fees shall be collected in the said streets by the Makati Public Safety Assistance (MAPSA).

Vehicles parked along "NO PARKING" areas shall be towed away by MAPSA and/or the duly authorized parking authority.

Any infraction or violation of this ordinance will be fined not less than fifty pesos (P50.00) and not more than one hundred pesos (P100.00) or an imprisonment of not less than five (5) days but not to exceed ten (10) days, or both fine and imprisonment at the discretion of the court upon final conviction.

Municipal Ordinance No. 92-062

All motor vehicles parked along Jupiter Street (Sen. Gil Puyat Side) shall pay a one P10.00 one-time parking fee regardless whether a motor vehicle is parked for one (1) minute or longer as specified by the MAPSA personnel assigned to the area.

Any driver/ operator/ owner of a motor vehicle who refuses to pat the corresponding parking fee shall have his/her motor vehicle considered as an illegally parked vehicle and this shall be towed and impounded to the impounding area and shall only be released upon payment of the P200.00 fine for illegal parking and the prescribed towage fees.

Any driver/ operator/ owner of a motor vehicle that has been apprehended for the second, third, fourth and fifth offenses for legal parking shall have his/ her driver's license confiscated and will be issued a traffic citation ticket prescribed by the City of Makati and shall pay the fine as indicated:

2nd offense - four hundred pesos (P400.00)
3rd offense - six hundred pesos (P600.00)
4th offense - one thousand pesos (P1,000.00)
5th offense - Recommended one (1) year suspension of the driver's license and in case of insolvency, imprisonment for (15) days or both upon the discretion of the court.

Barangay Ordinance No. 04-92

Practice driving of a motor vehicle is not allowed on all the streets of Bel-Air Village, irrespective of whether or not the student driver is accompanied by a professional driver. It shall likewise be unlawful for any person/s to allow himself/themselves, wittingly or unwittingly, to be accomplices or co-participants in the violation of this Ordinance.

Failure to present a valid and genuine professional or non-professional driver's license or the production of a student driver's license by the person driving the motor vehicle, when required by the officials of the Barangay, security personnel or other duly authorized agents or representatives of the Barangay, shall constitute conclusive and sufficient evidence of violation or infraction of this Ordinance.

Any person/s found violating the provisions of this Ordinance shall be punished and penalized as follows:

First offense - five hundred pesos (P500.00)
Succeeding offenses - one thousand pesos (P1,000.00) or imprisonment of not less than five (5) days but not to exceed ten (10) days, or both fine and imprisonment at the discretion of the court upon final conviction.

This Ordinance shall be without prejudice

a.) to such other ordinances, national and/or local laws penalizing the act of driving a motor vehicle without proper license, or
b.) to civil and/or criminal liability that may arise from torts and/or acts of negligence committed by the student driver against the village residents or property/ies belonging to the said residence.

Barangay Ordinance No. 01-2001 - The use of a safety helmet is a mandatory requirement for all those who use motorcycles , skateboards, rollerblades, roller skates, bicycles, scooters, trolleys and similar forms of transportation and/or leisure equipment on all roads owned by Bel-Air Village.

All barangay constituents and residents, including barangay employees such as but not limited to barangay tanods, bantay bayans, maintenance and security personnel as well as delivery boys are likewise required to use safety helmets.

Violation of this Ordinance shall be meted the following penalties:

1st offense - five hundred pesos (P500.00)
2nd offense - one thousand pesos (P1,000.00)
3rd offense - two thousand pesos (P2,000.00)
4th offense - three thousand pesos (P3,000.00)
5th and subsequent offenses - five thousand pesos (P5,000.00)

Barangay Ordinance No. 04-2001

- Parking for residences on Orbit Street with even house numbers shall be strictly prohibited on Mondays, Wednesdays, and Fridays from 7:00-9:00 A.M. and 4:30-8:00 P.M.

The motor vehicle of any driver/operator/owner who violates the foregoing prohibitions shall be considered as an illegally parked vehicle and the said motor vehicle shall be towed to the impounding area and shall only be released upon payment of the sum of P1,000.00 as fine for illegal parking and the towage fees as prescribed under Makati Ordinance No. 30, Series of 1998.

In case a driver/operator/owner of a motor vehicle has been apprehended for the second, third, fourth, and fifth offenses for illegal parking, the driver's license of the driver shall be confiscated and the offended shall be issued a traffic violation receipt prescribed by the City of Makati, Metro Manila and shall pay the following fines as indicated:

2nd offense - two thousand pesos (P2,000.00)
3rd offense - three thousand pesos (P3,000.00)
4th offense - four thousand pesos (P4,000.00)
5th offense - five thosand pesos (P5,000.00) and recommended for one (1) year suspension of the driver's license and in case of insolvency, the offender shall be imprisoned for fifteen (15) days or be required to pay the fine, or both upon the discretion of the court.

Barangay Ordinance No. 06-2001

Violators of illegal parking along Bel-Air streets and in special parking areas reserved for the disable shall be penalized as follows:

1.) For the first violation, a fine of two hundred pesos (P200.00) per hour for the first hour and an additional fifty pesos (P50.00)/hour for subsequent hours or a fraction thereof shall be imposed on non-residents who illegally park along Bel-Air Village streets and on resident and non-resident owners of vehicles illegally parked within spaces or areas expressly reserved for the disabled.

2.) On the second and subsequent violations, the offending vehicles shall be towed away at the expense of the owner.

 

PETS

Barangay Ordinance No. 01-97

Section 1 - Owner/s of dog/s shall be prohibited from allowing said dogs from roaming or straying in any open vacant lot, sidewalk, street, park, and in all other public places within the territorial jurisdiction of the Barangay.

Section 2 - Members of the Barangay Tanod and the Bel-Air Village Security Force shall be authorized to impound any of the animals mentioned in Section 1 of this Ordinance.

Section 3 - Any person/s violationg the provisions of Rule 1 shall be punished by a fine of one thousand pesos (P1,000.00) for the first offense, one thousand five hundred pesos (P1,500.00) for the second offense and two thousand pesos (P2,000.00) for the third offense, for each day the impounded dog is not redeemed or paid as hereinabove stated. Seven (7) days after being impounded, the dog/s shall be sold at public auction as may be decided by the Punong Barangay.

Barangay Ordinance No. 02-97

Section 1 - Owner/s of dog/s shall be prohibited from walking his/ their dogs within the territorial jurisdiction of the Barangay without making provisions for the proper disposal of its/their feces or excreta.

Section 2 - Owner/s of dog/s who do not have in their possession a bag and paper with which to remove the dog waste or excreta shall constitute prima facie evidence of violation of this Ordinance.

Section 3 - Members of the Barangay Tanod and the Bel-Air Village Security Force shall be authorized to impound any of the animals mentioned in Section 1 of this Ordinance.

Section 4 - Any person/s violating the provisions of Rule 1 shall be punished by a fine of one thousand pesos (P1,000.00) for the first offense, one thousand five hundred pesos (P1,500.00) for the second offense and two thousand pesos (P2,000.00) for the third offense, for each day the impounded dog is not redeemed or paid for as hereinabove stated. Seven (7) days after being impounded, the dog/s shall be sold at public auction as may be decided by the Punong Barangay.

Barangay Ordinance No. 07-2001 - A resident who is found to be retaining cattle, duck/s, geese, pig/s, rabbit/s, rooster/s, and sheep within his premises or who keeps a pet which constitutes a nuisance under Article 694 of the Civil Code of the Philippines shall be given a written warning to remove such animal and/or fowl within seven (7) calendar days after receipt of such warning.

After the expiration of the seven-day grace period, a fine of five hundred pesos (P500.00) per day shall be imposed on the erring resident/property owner.

Barangay Ordinace No. 01-2002

Section 1 - A fine of five hundred pesos (P500.00) shall be imposed on residents and/or household helpers who are found devoid of an appropriate receptacle while walking their dog/s in the streets of Bel-Air Village.

Section 2 - An additional fine of five hundred pesos (P500.00) shall be imposed on residents and/or household helpers who fail or refuse to remove from village streets defecated waste matter emanating from their dog/s.

 

WASTE MANAGEMENT

Barangay Ordinance No. 02-2001

All garbage must be properly segregated at source. Only properly segregated garbage will be collected by the garbage contractor of the Barangay. All biodegradable garbage must be composted and all recycable garbage must be recycled.

 

OTHER ORDINANCES

Barangay Ordinance No. 02-2002

In compliance with the Department of Interior and Local Government's (DILG) circulars enjoining all barangay captains to establish a Council for the protection of Children, the Sangguniang Barangay of Barangay Bel-Air established the Barangay Council for the Protection of Children (BCPC), which is composed of the following members:

a.) Chairperson - Punong Barangay

b.) Vice-Chairperson - Sangguniang Kabataan chairman

c.) A representative of the Makati Social Welfare Department

d.) A representative from a non-governmental organization or people's organization concerned with the welfare of children which is operating within the barangay

e.) An active and responsible member of the community

f.) A chilld advocate whose age ranges from 9-14 years duly chosen by the Punong Barangay

g.) The Peace and Order Committee chairperson

h.) The Social Services and Cultural Affairs Committee chairperson

i.) The Health and Sanitation Committee chairperson

j.) The Budget and Finance Committee chairperson

The BCPC's functions are:

a.) Foster education of every child in the Barangay;

b.) Develop a spiritually and morally upright environment;

c.) Encourage the proper performance of the duties of parents and provide learning opportunities on the adequate rearing of children and on positive parent-child relationships;

d.) Protect and assist abandoned, maltreated and abused children and monitor cases filed against child abusers and report the same;

e.) Protect working children from abuse and exploitation;

f.) Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems where they can obtain expert advice;

g.) Adopt measures to enhance the health and nutritional needs of children;

h.) Promote the opening and proper maintenance of playgrounds and day care centers and other services that are necessary for child and youth welfare;

i.) Coordinate the activities of organizations devoted to the promotion of the welfare of children and secure their cooperation;

j.) Promote wholesome entertainment in the community, especially in moviehouses;

k.) Assist parents, whenever necessary, in securing professional guidance and counseling from proper government or private welfare agencies;

l.) Advocate for the passage of barangay and city ordinances in response to child-related issues and concerns.

m.) Prepare the barangay plan of action for children which shall address the needs of children in the community and ensure its integration into the Barangay Development Plan and implementation by the barangay, and

n.) Submit quarterly accomplishment reports to the Punong Barangay.