Ordinance - NO Swim

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

Republic of the Philippines

Province of La Union
Municipality of Aringay
BARANGAY SAMARA
OFFICE OF THE SANGGUNIANG BARANGAY

EXCERPTS TAKEN FROM THE MINUTES OF REGULAR SESSION OF


THE SANGGUNIANG BARANGAY OF BARANGAY SAMARA, ARINGAY,
LA UNION HELD LAST JANUARY 5, 2019.

Present:
PB GIL B. GATCHALIAN Punong Barangay/Presiding Officer
KGWD. LILIA M. AQUINO Sangguniang Barangay Member
KGWD. PIO M. BAUTISTA JR. Sangguniang Barangay Member
KGWD. MAXIMILLAN V. DIAZ SR. Sangguniang Barangay Member
KGWD. ROGEL T. BALANGUE Sangguniang Barangay Member
KGWD. ALBERTO T. ALMOITE JR. Sangguniang Barangay Member
KGWD. RUBIN E. UGAY SR. Sangguniang Barangay Member
KGWD. ELMER B. MANABAT Sangguniang Barangay Member
SK CHAIRMAN NOLY G. ABELLERA Ex-Officio Sangguniang Barangay Member

Absent: None
ORDINANCE 2019-03
Series of 2019.

“AN ORDINANCE PROVIDING PROTECTION TO BEACHGOERS


DURING NIGHTTIME BY IMPOSING CURFEW TO BEACHGOERS
FROM SIX O’CLOCK IN THE EVENING TO FOUR O’CLOCK IN THE
MORNING THE FOLLOWING DAY AND NO SWIM POLICY FROM SIX
O’CLOCK IN THE EVENING TO SIX O’CLOCK IN THE MORNING THE
FOLLOWING DAY ALONG THE BEACH BY PROVIDING MEASURES
AND PENALTIES THEREOF.”

WHEREAS, the Samara Barangay Council finds it necessary for the


health, safety and welfare of the citizens and visitors of Barangay Samara
to enact an ordinance regulating the beach access and swimming
regulations;

WHEREAS, in the Barangay Assemblies conducted for the year 2018, the
concern for the safety and welfare of beachgoers had been one of the
utmost concerns by the people;

WHEREAS, while it may be the right of every person to have free access
and use for enjoyment beaches, however, it is also the obligation of every
person to safeguard and ensure welfare of all the people;

NOW THEREFORE, on motion of Barangay Kagawad Rogel T. Balangue


and Barangay Kagawad Rubin E. Ugay Sr. and unanimously seconded;

BE IT ENACTED as it is hereby enacted by the Sangguniang Barangay of


Barangay Samara in session assembled that:

Barangay Ordinance No. 2019-03 Page 1


Republic of the Philippines
Province of La Union
Municipality of Aringay
BARANGAY SAMARA
OFFICE OF THE SANGGUNIANG BARANGAY

SECTION 1. TITLE OF THE ORDINANCE – This Ordinance shall be


known as “NO LOITERING AND NO SWIM ORDINANCE ALONG THE
BEACH OF BARANGAY SAMARA, ARINGAY, LA UNION.”

SECTION 2. DEFINITION OF TERMS – The following terms as used in


this Act shall be defined as follows:

Beach – refers to the beachfront area and the waters adjacent thereto
within the jurisdiction of Barangay Samara;

Beachfront – refers to the seashore or the sandy area of the beach;

Beachgoer – any person who will go to the beach for enjoyment or


recreation;

Bonfire – any activity or conduct of party with the use of large fire for
entertainment and pleasure

BPAT – refers to the Barangay Police (Barangay Tanods) of Samara,


Aringay, La Union;

Camping - an activity or place where a group of persons or individual is


lodged in a tent or any other temporary means of shelter.

Crimes – refers to any act/s committed in violation of the Revised Penal


Code and other Special Laws;

Cottage– a small vacation house/s located along the beach;

Curfew – a regulation or order establishing a specific time in the evening


which forbids particular people or classes of people from being outdoors
or in a particular public place which is closed.

Enjoyment – a feeling of happiness or pleasure;

Fishing – a business of catching fish;

Fisherfolk – a person who catches fish for a living or business;

Gate – refers to the fence installed by the Barangay at the barangay road
network or right of way used as ingress and egress in going to the beach
located at Purok 2 of the Barangay.

Law Enforcement Authorities – refers to the Aringay PNP;

Loitering – to act idly without any purpose; strolling, wandering or


roaming without any purpose

Barangay Ordinance No. 2019-03 Page 2


Republic of the Philippines
Province of La Union
Municipality of Aringay
BARANGAY SAMARA
OFFICE OF THE SANGGUNIANG BARANGAY

Minor – refers to any person under the age of 18 years old.

Nighttime – hours of darkness from sunset to sunrise;

Residential Houses – any house owned by private individuals located


along the beach;

Resort – any business establishment whether registered or not intended


for vacationers and usually located in places frequented for relaxation or
recreation such as beaches and seashores;

Shades – a structure built along the beach for temporary shelter from the
sun;

Special Event – refers to any occasion or event conducted by at least


thirty persons along the beachfront;

Swimming – any activity of propelling oneself through water using the


limbs;

Water Activity- any act or activity done in the adjacent water of the beach;

Water Adjacent – refers to the sea water within the territorial jurisdiction
of Barangay Samara

SECTION 3. SCOPE/COVERAGE – This Act covers the beach within the


territorial jurisdiction of Barangay Samara, Aringay, La Union.

It is applicable to all residents and non-residents of the Barangay


but not limited to all people who will come to the beach for enjoyment or
relaxation whether staying in resorts or cottages/shades establishments
and public beach of the Barangay.

SECTION 4. NO LOITERING POLICY - Any beachgoer is prohibited from


loitering within the beach during nighttime from six o’clock in the evening
(6:00pm) to four o’clock in the morning (4:00am) the following morning.
Camping or conduct of bonfire is also prohibited during nighttime.

SECTION 5. NO SWIM POLICY - Any beachgoer is prohibited from


swimming or conducting any water activity within the water adjacent to
the beachfront of the Barangay during nighttime from six o’clock (6:00pm)
in the evening to six o’clock in the morning (6:00am) the following
morning.

SECTION 6. Exceptions: This Act shall not be applicable to fisherfolks


who would go on fishing during nighttime. Moreover, conduct of any

Barangay Ordinance No. 2019-03 Page 3


Republic of the Philippines
Province of La Union
Municipality of Aringay
BARANGAY SAMARA
OFFICE OF THE SANGGUNIANG BARANGAY

special event during nighttime is exempted from this Act unless with
proper coordination and permission from the Barangay and other
concerned agencies.

SECTION 7. All resort owners and cottage/shade owners are demanded


to advice their customers or guests to strictly follow this Act.

All residential house owners must also abide to this Act including
their visitors and guests.

SECTION 8. Gates installed by the Barangay in public places shall be


closed during from 6:00 in the evening until 6:00 in the morning the
following morning to refrain beachgoers from entering the beach during
nighttime.

All resort owners, cottage/shade owners and residential owners


should not allow their families, customers, guests and visitors from
roaming along the beachfront and swimming in the adjacent waters
during nighttime.

SECTION 9. APPEREHENSION PROCESS AND PENAL PROVISIONS:

Any person found in violation of this Act shall be fined as


follows:

1st Offense – Reprimand with one day community service


2nd Offense – P500.00 and one day community service
3rd Offense – P1,000.00 and one day community service

If the violator is a minor, the parent/guardian shall be held


answerable. If the violator is a guest/visitor of any resort or any
cottage/shade establishment, the owner/management of such shall also
be fined the same as the violator/s.

Section 10. The Punong Barangay, Barangay Kagawads and members of


the Barangay Peace Keeping Team (BPAT) or the Barangay Tanods shall
have the authority to apprehend any violator and issue citation slip.

Any apprehending party shall make proper coordination with other


law enforcement authorities with regards to other crimes that may be
committed.

SECTION 11. SEPARABILITY CLAUSE. If any part or provision of this


Ordinance shall be unconstitutional or invalid, other parts or provisions
which are not affected shall continue to be in full force and effect.

Barangay Ordinance No. 2019-03 Page 4


Republic of the Philippines
Province of La Union
Municipality of Aringay
BARANGAY SAMARA
OFFICE OF THE SANGGUNIANG BARANGAY

SECTION 12. SUPPLEMENTARY AND REPEALING CLAUSE. This


Ordinance shall have supplementary effect with other ordinances and
national laws.

All ordinances, resolutions, executive orders and other issuances


which are inconsistent with this Ordinance are hereby repealed and
modified accordingly.

SECTION 13. EFFECTIVITY CLAUSE. This Ordinance shall be effective


upon its approval.

ENACTED this January 5, 2019.

I hereby certify to the correctness and truthfulness of this


Ordinance consisting of five (5) pages including this page.

MARIBEL B. ADUAN
Barangay Secretary
ATTESTED:

GIL B. GATCHALIAN
Punong Barangay/Presiding Officer

LILIA M. AQUINO PIO M. BAUTISTA JR.


Sangguniang Barangay Member Sangguniang Barangay Member

MAXIMILLAN V. DIAZ SR. ROGEL T. BALANGUE


Sangguniang Barangay Member Sangguniang Barangay Member

ALBERTO T. ALMOITE JR. RUBIN E. UGAY SR.


Sangguniang Barangay Member Sangguniang Barangay Member

ELMER B. MANABAT NOLY G. ABELLERA


Sangguniang Barangay Member (SK Chairman)
Sangguniang Barangay Member

Barangay Ordinance No. 2019-03 Page 5

You might also like