ORDINANCE NO. 002 Series of 2016 (Curfew Hours)

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AN ORDINANCE PRESCRIBING REGULATION ON CERTAIN MOVEMENT OF MINORS (17 YEARS OF AGE AND BELOW ) DURING THE PRESCRIBED HOURS (10:00 PM TO 4:00 AM) FOR REASONS OF PUBLIC SAFETY AND SECURITY AND PROVIDING PENALTIES FOR VIOLATORS THEREOF

EXPLANATORY NOTE

The steady rise of incidence of juvenile crimes has alarmed the local authorities of the Municipality of Arayat.

Record shows that most of the juvenile crimes were committed during the wee hours, when youth offenders are supposedly in the comfort of their homes.

The call of the National Government to prepare public safety plan and contingencies pursuant to DILG Memorandum due to incidence of bombing and other terrorists acts has strengthened more the resolved to imposed regulation on certain movements of minors considering the correlation of the former to the susceptibility of the minors of the influence of drugs, alcoholism and other night time vices

                NOW THEREFORE, be it enacted by the SANGGUNIANG BAYAN of the MUNICIPALITY OF ARAYAT in session assembled, that:

SECTION 1:         POLICY. This Ordinance is governed by the powers provided in Section 16 of the Local Government Code of 1991. “Every local government unit shall exercise the powers expressly granted those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of general welfare. XXX….maintain peace and order and preserve the comfort and convenience of the inhabitants”.

SECTION 2:         SCOPE. The hours from 10:00 PM to 4:00 AM of the following day is hereby declared as  “Barangay Curfew Hours” for children and youth Seventeen (17) years of age and below.

SECTION 3:         During curfew hours, no Children and Youth Seventeen (17) years of age and below shall be allowed in the streets, commercial establishments, recreation centers, public parks, cemeteries, or any other area outside the immediate vicinity of their residence except:

  1. Those accompanied by their parents, family members of legal age or guardian.
  1. Those running from lawful errands such as buying medicines, use of transportation and telecommunication facilities for emergency purposes and the like;
  1. Students of night schools and those who are by virtue of employment are required to stay in the streets or outside their residence after 10:00 PM provided they shall secure a certification from their Punong Barangay exempting them from the coverage of this Ordinance, or present documentation/identification providing their qualification.
  1. Those who are  not accompanied by their parents, family members of legal age or guardian but are allowed, through certification from the Punong Barangay of the barangay where they reside, to attend to dance parties and other occasions in other barangays and presenting the same to the Punong Barangay of the barangay where the occasion is held

SECTION 4:         EXEMPTIONS. Regular holidays declared holidays and special holidays, are not covered by the implementation of this Ordinance.

SECTION 5:         SANCTIONS AND PENALTIES. Any minors found violating this Ordinance shall be sanctioned / punished as follows.

  1. If offender in Nine (9) years of age or under the sanction shall consist only of a reprimand;
  1. If offender is over Nine (9) years and under Fifteen (15) years of age, the sanction shall consist of a reprimand with summon to offenders parents, guardian, or person exercising parental authority;
  1. If offender is Fifteen (15) years and under Eighteen (18) years of age, the sanction / penalty shall be.
  1. For the first offense. Reprimand and Admonition and offender may make a voluntary written undertaking to render community service for not more than Two (2) hours.
  1. For the Second Offense. Reprimand and Admonition and offender may make a voluntary written-undertaking to render community service for at least One (1) hour but not more than Six (6) hours and warning about the legal impositions in case of a third and subsequent violation.
  1. For the Third Offense and Subsequent Offenses. Commitment to the DSWD Child Welfare Desk or any proper authorities.

SECTION 6:         THE COMMUNITY SERVICE. As herein provided, shall be solely in relation to barangay cleanliness and beautification objectives, and shall be under the direct supervision of the Punong Barangay: Provided, that said community service of such nature as maybe commensurate to the offender’s youthful age, and shall not interfere with the studies nor be prejudicial to their health.                                 

SECTION 7:        A “BARANGAY CURFEW ADVISORY BOARD” shall be constituted in every barangay

with the Punong Barangay as Chairman thereof, Barangay Kagawad chairing the Committee on Peace and Order, Chief of the Bantay Bayan, One (1) representative from an NGO and Two (2) Lupong Tagapamayapa, to be appointed by the Punong Barangay, as Board Members with  the following powers and responsibilities.

  1. To impose the sanctions provided under Section 5 hereof, except the penalty for the third offense and subsequent offenses;
  1. To commit an offender to the custody only to the parent, guardian or person exercising parental authority;
  1. To decide on the availability of immediately referring an offender falling under last provision of the Section 8 hereof to the custody or care of the Municipal Social Welfare Development or, in lieu thereof, to impose the applicable sanction provided under this ordinance, if it finds that the best interest of the public, as well as that of the offender will be served thereof;
  1. To recommend the filing of a Complaint for the Sangguniang Barangay, which legal action shall first require, through a Resolution, the approval of a majority of all the members thereof, giving due regard to the provisions of the Child and Youth Welfare Act, as well as other applicable laws; Provided, however, that in case of a disproved, the sanction for Second Offense under Paragraph 3 Section 5 hereof shall be imposed.

SECTION 8:         ENFORCEMENT. The Punong Barangay, Kagawads of the Sangguniang Barangay and the duly appointed Barangay Tanods are hereby authorized to apprehend and to hold their safety at the Barangay Hall or Holding Center violators of this Ordinance, for not more than Two (2) hours for barangay residents. The apprehending official shall, without unnecessary delay, notify the Barangay Curfew Advisory Board who shall in turn, notify immediately either the parent, relative or guardian of the fact of apprehension and shall not commit only to their custody said offender, if a resident of the same barangay. Provided, that apprehended violator residing in other barangays, shall be referred and turned over immediately to the “Barangay Curfew Advisory” concerned whom falls the responsibility for proper action pursuant to this ordinance as if the apprehension was made by them.

PROVIDED FURTHER, that an offender who resides outside the Territorial Jurisdiction of the Municipality of Arayat shall be held not more than Six (6) hours and shall be referred immediately to the Local Government Unit concerned. Provided, furthermore, that an offender who is homeless, abandoned or neglected or has no known parent, relative or guardian residing in the Municipality, shall be referred, without unnecessary delay, within Twelve (12) hours or at the earliest office hours from the time of apprehension, whichever comes first, to the custody or case of the Municipal Social Welfare and Development Office or the Department of Social Welfare as provided in paragraph three (3) Section 7 hereof.

SECTION 9:         The Secretary of the Barangay shall record and maintain a permanent list of the name, address, date of birth, time and place of apprehension and other circumstance of every minor apprehended by virtue of this ordinance.

SECTION 10:       The Municipal Mayor upon recommendation of the Barangay Council concerned may suspend the implementation of this Ordinance in any particular barangay or other specific, areas for a length a times as may be necessary when public interest so requires.

SECTION 11:       The Chief of Police with the PNP Arayat Station shall make available the resources of the Police Force to Punong Barangays in the enforcement of this Ordinance.

SECTION 12:       INFORMATION DISSEMINATION. Copies of this Ordinance shall be posted in the Barangay Hall, Chapel / Church, Schools, Jeepney / TODA Terminals and other conspicuous places within the barangay. Local Public and Private Schools shall assist in the information drive thru regular classroom discussion about this Ordinance.

SECTION 13:       SEPARABILITY CLAUSE. If for any reason or reasons any part or provision of this Ordinance shall be held unconstitutional or invalid, other parts or provision hereof which are not affected thereby shall continue in full force and effect.

SECTION 14:       REPEALING CLAUSES.  Any Municipal or Barangay Ordinance or parts thereof inconsistent herewith are hereby repealed, revised or otherwise modified accordingly.

SECTION 15:       EFFECTIVITY CLAUSE. This Code shall take effect immediately upon approval and compliance of the provisions of existing law on posting and publication.

APPROVED UNANIMOUSLY:  June 28, 2016

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