IRR Ordinance No. 483, S-2011
IRR Ordinance No. 483, S-2011
IRR Ordinance No. 483, S-2011
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Section 1. SCOPE. These Implementing Rules and Guidelines shall cover existing and
proposed advertising signs, billboards, business signs, display signs, electrical signs,
ground signs, roof signs, sign structures and wall signs along major thoroughfares, public
roads, secondary roads, avenues, streets, roads, parks and open spaces within
Mandaluyong City, and other signs as may be regulated.
1.4.
Building shall mean a three-dimensional physical development erected
within a lot or property or any combination of or all of its three different levels (at
grade, below grade, above grade). The term buildings/structures as used in these
Implementing Guidelines shall invariably refer to both proposed and existing
physical developments within a lot.
1.5.
Business Sign shall mean an accessory sign that directs attention to a
profession, business, commodity, service or entertainment. Business Sign may be
On-Premise, when the Sign is placed on the location where the profession,
business, commodity, service or entertainment is conducted, sold or offered or
Off-Premise, when the Sign is placed in a location other than where the
profession, business, commodity, service or entertainment is conducted, sold or
offered.
1.6.
Carriageway shall mean that part of the road-right-of-way, railroad-rightof-way, and water-right-of-way reserved for the passage of motorized traffic and
other transportation conveyances.
1.7.
Covered Area shall have the meaning ascribed thereto in Section 2 of
these Implementing Guidelines.
1.8.
Display Sign shall mean any material, device or structure that is arranged,
intended, designed, or used as an advertisement, announcement or directory that
includes a sign, sign screen, billboard or advertising device of any kind.
1.9.
Display Surface shall mean the entire area enclosed by the extreme limits
or perimeter of a Sign.
1.10. Electrical Sign shall mean any sign which has characters, letters, figures,
designs, faces, backgrounds or outline illuminated by incandescent or fluorescent
lamps or luminous tubes as part of the sign proper. These light sources are
external or internal. It shall static (non-moving) light emitting diode (LED) signs.
1.11. Ground Sign shall mean a sign with support resting on the ground, the
base of which ranges from a single pole (pylon) and does not exceed ten (10.00
sq.m.) as one (1) unit.
1.12. IRR shall mean the Implementing Rules and Regulations of Ordinance
No. 483, S-2011.
City Administrator
City Building Official
Public Information Officer
Legal Department Head
Chief, Business Permit and Licensing Department
Chairman, Committee on Engineering and Public Works of the City Council
Liga ng mga Barangay President
Amount
Total
5) The Co-Chairman may deputize to any of the member departments of MCBC any
or all part of the application process to achieve the orderly and expeditious
facilitation of all applications.
4.1. Setback Requirements. Regulated Signs shall be subject to the following
front, side and rear Setback Requirements:
Road Right-of-Way
width (m)
Setback Requirements:
Front
(m)
8.00
6.00
5.00
5.00
5.00
Side
(m)
5.00
3.00
3.00
2.00
2.00
Rear
(m)
5.00
3.00
3.00
2.00
2.00
Provided: That owners and operators of Regulated Signs shall procure that two (2)
full-grown, sustainable trees shall be planted and maintained within the Setback
areas or, in case the Setback area could not accommodate the same, in any other
area within Mandaluyong City.
4.2. Minimum Distance Between Signs. No billboard or billboard structure shall
be located within the distance of one hundred (100.00) meter radius from another;
Provided: That in determining compliance with this Section 4.2, Regulated Signs
that were earlier granted a permit by the relevant local government unit shall
enjoy preference over Regulated Signs whose local government unit permits were
issued thereafter.
4.3. Sizes.
4.4. Proximity to Interchanges.
4.5. Non-obstruction of Traffic Signs. No Regulated Sign shall be erected in
such a manner as to confuse or obstruct the view or interpretation of any official
Traffic Sign, signal, or device.
4.6. Non obstruction of Landscape. No Regulated Sign shall be constructed as
to unduly obstruct the natural view of the landscape, distract or obstruct the view
of the public as to constitute a traffic hazard, or otherwise defile, debase or offend
aesthetic and cultural values and traditions.
4.7. Restrictions on Combustible Materials. All Regulated Signs erected in
highly restrictive Fire Zones as defined in the NBC and its IRRs shall have
structural members of incombustible materials. Ground Signs may be constructed
of any material meeting the requirements of the NBC. Combination signs, Roof
Signs, Wall Signs, Projecting Signs, and Signs on marquees shall be constructed
of incombustible materials. No combustible material other than approved plastics
shall be used in the construction of electric signs.
and advertisers to comply with this Section, the MMDA shall put down the
aforesaid at the expense of the owners.
4.20. Notwithstanding the foregoing provisions, any local Government Unit in
Metropolitan Manila may provide for stricter billboards regulations and may
prohibit certain kinds of billboard signs and structures as may be provided in their
respective local ordinances.
Section 5. RATES OF FEES AND CHARGES OF CLEARANCES
Section 6. OTHER LAWS. The applicable implementing guidelines of the MMDA and
NBC are hereby adopted and made part of this Implementing Rules in so far as they are
not inconsistent.
Section 7. FUNDING. The City Government of Mandaluyong shall provide the funds
necessary for the administrative and operating expenses of the MCBC.
Section 8. PENALTY CLAUSE. Any person found posting any bill, posters, or other
form of advertisement offering services or products on posts, electric, telephone and
cable wires and trees along streets, alleys, thoroughfares and other public places in the
City of Mandaluyong shall be penalized with a fine in the sum of not less Five Hundred
Pesos (P500) but not more than Five Thousand Pesos (P5,000) or imprisonment of not
less than two (2) months but not more than six (6) months, or both, at the discretion of the
court.
If the violator is a corporation or partnership, the penalty prescribed above shall be
imposed upon the president and/or general manager or the managing partner, as the case
may be, of the erring entity.
Section 9. VIOLATION. Any advertisement displayed in the City of Mandaluyong not
in compliance with the rules prescribed herein, shall immediately be removed without
prejudice to the suspension or cancellation of the business permit(s) of the building(s)
and/or establishment(s) responsible for the advertisement(s).
The MCBC, through its Co-Chairman, has the power to deputize and ask for
assistance from each of its members for the enforcement of the ordinance. The deputized
members shall formulate the proper application, licensing and other procedures to be
utilized for the enforcement of the ordinance.
The Co-Chairman shall designate a Technical Working Group (TWG) responsible
for the determination of whether all requirements for the application, licensing and other
relevant procedures (i.e. whether the contents of such postings are against the law, public
morals and public policy, etc.) are duly complied with. The TWG has the authority to
determine whether any posting of bill, posters or other forms of advertisement has
complied with the requirements imposed by the MCBC.
Upon determination that no proper licensing requirements have been obtained for
such postings, the TWG shall has the power to remove said postings immediately and
such be reported to the MCBC for proper actions against the establishment. In the event
that such postings are determined to have substantially complied with the requirements
but was found to have some irregularities (i.e. under-assessment or was mistakenly issued
the proper documentations, etc.), the TWG shall immediately notify the MCBC and the
establishment responsible for such postings to establish the proper action to be taken by
the MCBC.
The MCBC, through the TWG, has the authority to receive complaints from
private persons regarding possible violations of the Ordinance. The TWG shall then
notify the establishment concerned for the conduct of further investigations to determine
the legitimacy of such complaints. Upon affirmative findings of violation, the TWG shall
issue the necessary report or resolution to be forwarded to the MCBC to ascertain what
actions shall be taken.
Section 10. NO CONTEST PROVISION. Any person, individual or entity who is
apprehended or cited for violation and who does not wish to contest the violation and is
willing to pay voluntarily the minimum fine imposed upon him/her prior to the filing of
formal charges with the proper court shall be allowed to pay said fine with the City
Treasurer to avoid being criminally prosecuted within six (6) hours from apprehension
otherwise the case shall be prosecuted.
The City Treasurer, subject to the Civil Laws, rules and regulations, is hereby directed to
provide personnel or to deputize personnel who will accept payment of fines within
twenty four (24) hours a day so as not to jeopardize the right of the offender to avail of
the six (6) hour period within which to pay under this ordinance.
Section 11. SEPARABILITY CLAUSE. In the event that any section, rule, paragraph,
sentence, clause or words of this implementing rules is declared invalid for any reason,
the other provisions thereof shall not be affected thereby.
Section 12. REPEALING CLAUSE. Ordinance No. 471, S-2011, the Ordinance
Prohibiting the Posting Bills, Posters or Any Other Advertisements Offering Services or
Products on Posts, Electric, Telephone and Cable Wires and Trees Located Along the
Streets and Other Public Places in the City of Mandaluyong is hereby expressly
amended or superseded in toto. Ordinance No. 307, S-2005, An Ordinance Regulating
the Installation and Display of Billboards and Advertising Signs and Imposing Tax/Permit
Fees Therof is amended in so far as it may not be in conflict hereof or the implementing
rules and regulations as they may be prescribed. All other ordinances, rules and
regulations which are inconsistent with the provisions of this ordinance are likewise
repealed or amended accordingly.
Section 13. TRANSITORY PROVISION. Persons or business entities that presently
operate or maintain any of the regulated signs are given a period of sixty (60) days,
counted from the promulgation of this implementing rules and regulations within which
to comply with.
Section 14. EFFECTIVITY.