Republic of the Philippines

Province of Aklan
Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE

OF AKLAN, IN ITS 30TH REGULAR SESSION HELD AT THE TOURISM BUILDING
ON SEPTEMBER 21, 2006

PRESENT:
Hon. Nilda B. Tambong - Vice Mayor, Presiding Officer
Hon. Mark V. Quimpo - SB Member
Hon. Lillian Q. Tirol - SB Member
Hon. Melanie V. Tolentino - SB Member
Hon. Ariel O. Fernandez - SB Member
Hon. Gregorio R. Malapad, Jr. - SB Member
Hon. Glenn G. Sucro - SB Member
Hon. Arnaldo M. Tejada - SB Member
Hon. Madeline A. Regalado - SB Member
Hon. Jerry R. Malbas - SB Member, ABC Vice Pres.
Hon. Edjo Benjie Y. Aranas - SB Member, SK President
ABSENT:
NONE

“ORDINANCE NO. 2006-041

AN ORDINANCE PROHIBITING THE THROWING, LITTERING, AND

DISPOSAL OF GARBAGE OR WASTE MATTER IN PUBLIC PLACES AND
OTHER AREAS NOT DULY DESIGNATED AS DISPOSAL SITE

WHEREAS, Republic Act 9003 also known as “The Ecological Solid Waste Management
Act of 2000” mandates all Local Government Units to ensure the protection of public health and
environment being primarily responsible for the enforcement of solid waste management;

WHEREAS, the Local Government of Kalibo is committed to the preservation of a clean and
healthy environment;

WHEREAS, it is the responsibility of the Local Government to put in place responsive and
effective regulatory system to attain the waste management vision and mission;

NOW THEREFORE, be enacted by the Sangguniang Bayan of Kalibo in session assembled:

ARTICLE I
Title of Ordinance

Title of Ordinance. This Ordinance shall be known as the Anti-Littering Ordinance of the
Municipality of Kalibo.

ARTICLE II
Coverage

This Ordinance shall apply to all individual residents, transients, visitors; residential houses;
commercial establishments such as groceries, department stores, private or public markets, talipapa,
sari-sari stores, restaurants, hotels; institutions like schools, hospitals, churches, offices; industrial
establishments of any kind; in all public places such as parks, drainage canals, culverts, roadsides,
rivers, riverbanks, creeks, beaches, streets, alleys, and other areas not duly designated herein as
garbage disposal site, within the territorial jurisdiction of Kalibo.
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“ORDINANCE NO. 2006-041

ARTICLE III
General Provisions

Section 1. Definition of Terms. The following words and/or phrases when used in this
Ordinance shall mean:

a) Garbage or Waste - used interchangeably in this Ordinance, refers to solid waste matters,
trash, litters, junks, debris, rubbish, excrements, manure, bits and pieces of surplus or
leftovers, both biodegradable and non- biodegradable; also includes liquid matter such as
urine, used oil, and other liquid wastes.

b) Littering - throwing, scattering, untidy depositing or disposal of garbage or waste matter

in areas prohibited in this Ordinance.

c) Duly Designated Areas - refers to specific areas identified as landfill site, compost pit, or
materials recovery facilities; also refers to garbage disposal device or equipment such as
trash bins/receptacles and garbage collection vehicles put in place by the general services
office in certain public areas, including the garbage receptacles inside commercial
establishments or institutional buildings provided by the owners thereof.

d) Disposal - the act of disposing or placement of garbage or waste matter.

e) Garbage Disposal Site - refers to Engineered Landfill Site, and Materials Recovery
Facilities.

f) Sanitary landfill - shall refer to a waste disposal site designed, constructed, operated and
maintained in a manner that exerts engineering control over significant potential
environmental impacts arising from the development and operation of the facility.

g) Materials Recovery Facility - is a place where wastes are either made into compost and/or
recycled. It shall include solid waste transfer station or sorting station, drop-off center, a
composting facility, and a recycling facility.

h) Compost Pit - is a sunken area, hole or cavity in the ground for organic or biodegradable
wastes.

i) Biodegradable Garbage or Compostable Waste - refers to kitchen wastes, garden wastes,

animal wastes, and human wastes. Includes any vegetable matter, trash, soiled tissue
papers, spoiled food, fruits, kitchen left-overs and other organic wastes easily destroyed
or digested by bacteria or oxidized and reduced to compost and can be used as soil
conditioners or fertilizers.

j) Non-Biodegradable Garbage or Recycled Waste - Solid wastes that do not easily

decompose or decay by bacterial action or oxidation. Rather it takes a long time of
exposure to moisture before it gets degraded, neutralized and reduced to compost.
Example, tin cans, plastics, bottles, plastic containers, glasses, Styrofoam, aluminum,
steel, GI sheets, pipes, PVC pipes, metals, rubbers, asbestos, used tires, vehicle parts and
construction debris.

k) Residual Garbage or Non-Recyclable Wastes - Useless matters that includes disposable

diapers, ceramics, candy wrappers/sachets, used rugs, PVC containers, containers made
from multiple layers of plastic such as squeezable bottles, and the like.

l) Hazardous Waste - refers to batteries, paints, hospital wastes such as syringes, worn-
out/broken radios/television sets, refrigerators, and other appliances or equipment.

m) Waste Disposal Device or Equipment - Waste Disposal Device or Equipment – refers to

garbage collection trucks and garbage receptacles.
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Kalibo Sangguniang Bayan
“ORDINANCE NO. 2006-041

Section 2. a. Proper Garbage Disposal. Garbage or wastes are disposed properly by placing
them in sealed and labeled plastic bags or other covered garbage receptacles for sanitary and
efficient collection by the garbage collectors. Proper disposal of garbage shall be observed at all
times by all persons utilizing four (4) garbage receptacles, to wit: green receptacles for
biodegradable wastes, yellow receptacles for non-biodegradable wastes, and if applicable, red
receptacles for hazardous wastes, and black receptacles for residual wastes.

b. The receptacles for four (4) types of waste mentioned in Section 2. a. shall be provided in
every household and commercial or institutional establishments. In instances when designation by
color cannot be made, the four (4) trash receptacles shall be properly labeled as biodegradable, non-
biodegradable, hazardous or residual wastes.

Section 3. Prohibited Acts. No person shall be allowed to scatter, dump, or dispose garbage
or waste matter in any public place and other areas not designated in this ordinance as garbage
disposal site or waste disposal device or equipment. It is likewise prohibited for any person to spit
or urinate in public places or areas not proper for spitting or urinating, or not designated for spitting
and urinating.

Section 4. Household or establishment owners shall also be liable for acts prohibited herein
committed by their household help, employees, crew or staff.

Section 5. Penalty. Any person or entity found violating the provisions of this ordinance
shall have the option to pay the Administrative Fine in the event said violator chooses not to be
prosecuted in the proper court:

a) For Individuals/Home and Establishment owners

1 st offense - P200.00 Fine
2nd offense - P300.00 Fine
3rd offense - P500.00 Fine, and thereafter

b) For Commercial/Industrial/Institutional Entities

1st offense - P 500.00 Fine
2nd offense - P1,000.00 Fine
3rd offense - P2,000.00 Fine, and thereafter

The Administrative Fine shall be paid to the Office of the Municipal Treasurer within three
(3) days from date of apprehension, otherwise, the Violator shall be prosecuted in court and
imposed a maximum penalty of Two Thousand Pesos (P2,000.00) or made to render a maximum of
forty (40) hours Community Service or both fine and Community Service at the discretion of the
Court.

The imposition of Community Service shall be under the supervision of the Municipal
General Services Officer or his/her authorized representative.

Minors apprehended shall be instructed to pick-up their litters or waste scattered for proper
disposal and the Municipal Social Welfare and Development Officer or authorized representative
shall call the attention of the parents/guardian or concerned school teacher/authority for counseling.

Section 6. Citation Ticket. For violating the provisions of this Ordinance, the Apprehending
Officer shall issue a Citation Ticket.

Section 7. Enforcement. The Local Chief Executive is hereby empowered to authorize and
deputize Apprehending Officers other than police officers and ordinance officers such as Municipal
Auxiliary Police, Sanitary Inspectors, General Services Office personnel, market personnel,
collectors, Barangay tanods, and members of environmental groups or Civil Society Organizations.
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“ORDINANCE NO. 2006-041

Section 8. Citizen’s Arrest. Notwithstanding the Apprehending Officer’s authority in the

preceding Section7, any citizen who is willing, able and is an actual witness to any violation of this
Ordinance can apprehend the offender, inform the Ordinance Officer or PNP Office about the
offense committed for proper disposition as provided for in this Ordinance.

Section 9. Proceeds of Fines Collected. Administrative Fines collected through the Citation
Ticket issued shall accrue to the Municipality under a Special Fund exclusively to be expended for
sanitation, waste management, clean and green program, linis bayan, environment and health
project developments of the Municipality and the Barangays.

Section 10. Repealing Clause. Any provision of existing ordinance or parts thereof which
are inconsistent with any provision of this Ordinance are hereby deemed amended, repealed and/or
superceded.

Section 11. Effectivity. This Ordinance shall take effect upon its approval and publication.

ENACTED, September 21, 2006.”

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I hereby certify to the correctness of the above stated ordinance as to form.

DIANA T. FEGARIDO
Sanggunian Secretary
Attested:

NILDA B. TAMBONG
Vice Mayor
Approved:

RAYMAR A. REBALDO
Municipal Mayor