MUNICIPAL ORDINANCE NO. 007 Series of 2013 (Internet Cafe)

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AN ORDINANCE REGULATING ENTRY OF STUDENTS TO INTERNET CAFÉ OR COMPUTER SHOPS DURING SCHOOL HOURS AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

BE IT ENCATED BY THE SANGGUNIANG BAYAN IN SESSION ASSEMBLED THAT:

Section 1: Title of the Ordinance – “An Ordinance regulating entry of students to Internet Café or Computer Shops during school hours;

Section 2: Declaration of Policy – as used in the Ordinance the following terms shall mean;

2.1 Internet – refers to the interactive communication and information technology through computers.

2.2 Internet Café/Computer Shops – business establishments using World Wide Web or Internet System that enables users to view, interact with variety or information access through a computer connected to a local area network (LAN).

2.3 Internet User – refers to an individual, a corporation or institution, utilizing or accessing data of information through the internet for entertainment, games, advertisement, business, news and educational research purposes.

2.4 Student – refers minor individual or children officially enrolled in school or in any educational institution.

2.5 Minor – any individual/person below 18 years old.

2.6 School Hours – refers from 6:00 am to 6:00 pm

2.7 School Days – Monday to Friday except HOLIDAYS

2.8 Out of School Youth – refers to minor individual not enrolled to any educational institution

Section 3 : Nature of Internet Café or Computer Establishment – this section hereby explains the nature and scope of Internet Café or Computer Establishments as follows;

3.1 Any establishment which includes residential units with more than one (1) computer principal offering internet services including, but not limits to e-mail, fax, online and network games, chatting, surfing and other services covered by internet technology which are access for free.

3.2 Other business establishments that offer a combination of service such as food and internet recreation and other similar in nature. Internet and other combination are still include as internet café and shall be covered by this ordinance.

Section 4: Regulating student’s entry to Internet Café or Computer Shops.

4.1 Students are prohibited to enter Internet Café/Computer Shop and the likes to its premises to make computer works, during school days and school hours.

4.2 Students in school uniform are strictly prohibited to enter internet café, computer shops, to do computer related works during school days and school hours, provided with a written consent or permit from the school authorities or parents shall be presented for their research and other related online needs.

4.3 Internet Café/Computer Shops shall not offer online and network gaming services during school days & class hours to students

4.4 School authorities in the area shall submit the schedule of classes of students to local legislator to closely monitor the entry of students to internet café/computer shops as per DepEd order #86 series of 2010 dated June 18, 2010

4.5 Internet café owners/operators shall sign the consent presented by students as defined in Sec. 4.2 of this ordinance.

Section 5: Penalty Clause – Violators of this shall be subject to the following penalties.

5.1 For Internet Café/Computer Shop owners

A. A fine of 1,000 for 1st Offense
B. A fine of 2,000 for 2nd Offense
C. A fine of 2,500 for 3rd Offense

5.2 For student children

A. 1st offense: reprimand/guidance counseling
B. 2nd offense: parents needed
C. 3rd offense: suspension depends on the gravity of the offense and shall be conformed with the DepEd ruling (DepEd-86, Series of 2010)

Section 6: Separability Clause – for any reason any section of the ordinance is declared unconstitutional or invalid, the other sections or provisions hereof which not affected thereby shall be in force and effect of the ordinance.

Section 7: Funding Clause – any amount needed in the implementation of this ordinance shall be derived from General Fund or from any source of funds that may be made available for the purpose.

Adopted this 19th of August 2013

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