Road Closure Ordinance

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ORDINANCE NO.

___________

AN ORDINANCE PROVIDING FOR THE REGULATIONS IN TEMPORARY CLOSURE


OF ROAD, RE-ROUTING OF TRAFFIC AND OTHER SIMILAR ACTIVITIES IN THE
CITY OF OROQUIETA, AND FOR OTHER PURPOSES

WHEREAS, Section 21c of R.A. 7160 states that any national or local road, alley, park,
or square may be temporarily closed during an actual emergency, fiesta celebration, public
rallies, agricultural or industrial fairs, or an undertaking of public works and highways,
telecommunications, and waterworks projects, the duration of which shall be specified by the
Local Chief Executive concerned in a written order;

WHEREAS, to avoid confusion to drivers and road users, maintain adequate protection
to workers and minimize disruption to traffic, the principles of worksite traffic management in
the Road Work Safety Manual from Department of Public Works and Highways must be
followed;

WHEREAS, Article 2189 of the New Civil Code states that the local government unit is
liable in damages for death or injuries suffered by reason of the defective condition of roads,
streets, bridges, public buildings and other public works;

WHEREAS, most of the requests for road closure and re-routing were submitted just few
days before its implementation;

WHEREAS, there is a need to enact an enabling ordinance providing guidelines for the
executive department in implementing road closure and re-routing of traffic;

BE IT ORDAINED by the City Council (Sangguniang Panlungsod) of the City of Oroquieta in


session assembled that:

SECTION 1. TITLE. – This Ordinance shall be cited as “Temporary Road Closure and Re-
routing Ordinance.”

SECTION 2. SCOPE OF APPLICATION – This Ordinance shall provide the guidelines in


the temporary closure of roads when under construction, re-routing of traffic and other similar
activities.

SECTION 3. TEMPORARY CLOSURE OF ROAD DURING ROADWORKS - When a


road or portion of it is temporary closed due to roadworks and similar activities, the following
shall be strictly observed;
a. The contractor or requesting agency shall send request to the Office of the City
Mayor (OCM) requesting for road closure at least one month before the
construction or activity commences;
b. The OCM through the Special Operations and Concerns Division shall evaluate the
request and recommend appropriate action to the City Mayor within 2 days upon
receipt of the transmittal or indorsement;
c. Upon approval of the City Mayor, an Executive Order shall be issued granting the
closure;
d. The period of the closure shall be commensurate to the number of days intended for
the completion of the project;
e. No closure of the road unless an EO will be issued.

SECTION 4. RESPONSIBILITIES OF THE CONTRACTOR DURING ROADWORKS


– Pursuant to the guidelines of the Department of Public Works and Highways and in
consideration of the safety of the motorists and pedestrians the following shall be strictly
implemented;
a. The contractor shall install appropriate signages as indicated in the program of
works;
b. The contractor shall properly installed/placed barriers or cover in every excavation;
c. Excavated soil and other materials shall be removed immediately;
d. Flagmen shall be employed and, or traffic light and safety devices shall be installed
when necessary;
e. Spillage of mixed cement or concrete, soil/mud and other construction materials
shall be strictly prohibited. In case of spillage, the contractor shall
immediately clean the cement or concrete soil/mud.
SECTION 5. TEMPORARY CLOSURE OF ROAD DURING CULTURAL
ACTIVITIES – When a road or portion of it is temporary closed due cultural activities like Araw,
fiesta and other similar activities, the following shall be strictly observed;
a. The requesting agency shall send request to the Office of the City Mayor (OCM)
requesting for road closure at least a month before the activity;
b. The OCM through the Special Operations and Concerns Division shall evaluate the
request and recommend appropriate action to the City Mayor within 5 days upon
receipt of the transmittal or indorsement;
c. Upon approval of the City Mayor, an Executive Order shall be issued granting the
closure of the road;
d. The period of the closure shall be commensurate to the number of days intended for
the activity;
e. The requesting agency with the help of SOCD shall place appropriate signs for
proper guidance of the motorists;

SECTION 6. RE-ROUTING OF TRAFFIC – Upon approval of the road closure, SOCD


shall implement re-routing of traffic and place appropriate signages.

SECTION 7. PENALTIES – The following penalties shall be imposed for the following
violations;

Violation 1st Offense 2nd Offense 3rd Offense

a. Violations under Section 3 P 3,000.00 P 4,000.00 P5,000.00

b. Violations under Section 4 P 2,000.00 P 3,000.00 P 4,000.00

The administrative fine enumerated above shall be paid to the City Treasurer’s Office
within 72 hours from the date of apprehension.

SECTION 8. INCENTIVES AND TRUST FUND. For all collected fines and penalties, a
twenty-five (25) percent incentive shall be paid to each individual enforcer and shall be given on
a quarterly basis or every three (3) months in accordance with the proper accounting procedures.
The remaining seventy-five (75) percent shall accrue to the Special Trust Fund to be used in the
operations and activities of SOCD.

SECTION 9. FILING OF CASES. Failure to settle the violation/s, SOCD shall file appropriate
criminal charge/s against the violator. Provided that once the information is already filed in
court, the corresponding penalty shall be doubled.

SECTION 10. MISCELLANEOUS. Notwithstanding the provisions of this Ordinance, other


existing ordinances and laws to the contrary, the City Mayor is hereby given full power and
authority to issue Executive–Orders and rules and regulations appurtenant hereto, with the end in
view of making this Ordinance truly reflective of the ideals of good governance, especially in
regulating the use and enjoyment of City streets.

SECTION 11. SEPARABILITY CLAUSE. If for any reason, any section or provision of this
Ordinance is declared illegal or unconstitutional other sections or provisions hereof which are
not affected thereby shall continue to be in full force and effect.
SECTION 12. REPEALING CLAUSE. All previous issuances, ordinances, rules and
regulations or parts thereof which are inconsistent or in conflict with the provisions of this Code
are hereby repealed or modified accordingly.

SECTION 13. EFFECTIVITY. This Ordinance shall take effect upon approval.

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