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IMPLEMENTING RULES AND REGULATIONS OF ORDINANCE NO.___.

Pursuant to the provisions of Section 13 of Ordinance No.___, otherwise


known as AN ORDINANCE AMENDING ORDINANCE NO. 32, SERIES OF
2016, OTHERWISE KNOWN AS AN ORDINANCE REQUIRING
MOTORCYCLES WITH LOUD EXHAUST PIPES TO INSTALL A MUFFLER
INSERT/SILENCER TO MUFFLE THE SOUND TO ACCEPTABLE LEVELS TO
THE HUMAN HEARING AND FOR OTHER PURPOSES, BY
SPECIFICALLYAMENDINGCERTAIN PROVISIONS AND INCORPORATING
ADDITIONAL SECTIONS THEREOF the following implementing rules and
regulations (the Rules) are hereby promulgated:

SECTION 1. DECLARATION OF POLICY. lt shall be the policy of the City of


Dumaguete to adhere to, promote, uphold and maintain peace and peaceful
environment within its territorial jurisdiction for the general welfare of its
constituents, particularly the elderly.

SECTION 2. DEFINITION OF TERMS. For the purposes of the ordinance and


these rules, the following terms are defined as follows:

a. Muffler - a part of a motorcycle exhaust system, serving to muffle the


sound which can be bought or fabricated; every motor vehicle powered
by engine combustion shall be equipped with a muffler, whenever said
vehicle traverses through a street of any City, Municipality, or thickly
populated area or barangay.

b. Muffler insert / Silencer - a device inserted inside the muffler intended


to reduce the noise

c. Decibel - is a unit used to express the magnitude of sound pressure


and sound intensity.
d. Motor Vehicle refers to any vehicle propelled by any power other
than muscular power.

SECTION 3. EXEMPTION. This rule shall not apply to cargo trucks, motor
vehicles with 400cc engines and up or any entity organizing a motocross,
endurocross or drag race competition and its participants while in the racetrack,
provided, the person or organizer has acquired a written permission from the
Office of the City Mayor.

SECTION 4. IMPLEMENTING AGENCIES. The Highway Patrol Group (HPG),


together with the local PNP, City Health Office, Traffic Management Office, Task
Force, and the Local Barangay Government shall enforcement of this Ordinance.

SECTION 5. PROCEDURE IN APPREHENDING VIOLATORS

5.1 The following circumstances shall give rise to prima facie evidence of
violation of the Ordinance.

a) Any motor vehicle with no muffler (open-pipe):


b) Any motor vehicle with a muffler but with no silencer and producing a
loud irritating sound;
c) Any motor vehicle with a dilapidated muffler and producing a loud
irritating sound.

5.2 The Law Enforcer may confiscate the motor vehicle without a muffler. If
the motor vehicle falls under Section 5.1 (b) or c), said vehicle shall be
confiscated for testing of noise level emitted.

5.3 The Law Enforcer shall turn-over the vehicle to HPG for
confirmation/testing of noise level emitted. If the confiscation is subject to Section
5 (b) above or decibel level is above 90 decibels at maximum throttle, the vehicle
shall be impounded.

5.4 Measurement of Noise Level & Procedure for Testing All motorcycles
producing a loud irritating sound confiscated under the preceding section must
be tested within two (2) hours from the time of confiscation, otherwise it should
be immediately released to the registered owner or representative.

5.5 The decibel level to determine if the noise level is acceptable or not
shall be tested via a decibel meter at a distance of six (6) meters from the
motorcycle. If the decibel level is above 90 decibels at maximum throttle then it is
considered a nuisance thus, is subject to the penalties under this ordinance.

5.6 For every impoundment or confiscation, a Confiscation Receipt shall be


issued by the law enforcer.

5.7 Impounding areas can be at the HPG or PNP headquarters, City Hall
Compound, or as may be determined by the City Government.

5.8 The administrative fine should be settled and the muffler should be
restored to the standard required by the ordinance before the vehicle is released
to its owner or his representative. For this purpose, the owner or his
representative shall present the receipt of payment of the fine to HPG for release
clearance.
5.9 The HPG and the Impounding Area shall maintain a logbook to record
information as to the date of confiscation, violation, decibel level and other
violations, actions taken and date of release.

5.10 A Data Base shall be provided by the City to monitor the number of
offenses.
5.11 Pursuant to Ordinance No. 8, Series of 2012, vehicles not claimed
shall be forfeited and subject to an auction proceeding. The proceeds thereof
shall go to city government and HPG, subject to a Memorandum of Agreement.

SECTION 6. PENALTIES. Any person found guilty of violating Section 3 hereof


shall be issued with a citation ticket and be penalized under the manner herein
provided, to wit:

1 First Offense. An administrative fine of One Thousand Pesos


(P1,000.00), and the motorcycle/vehicle shall be impounded by the
Traffic enforcer and shall not be released until such muffler
insert/silencer is installed in his muffler to minimize the noise created
and the required decibel meter level achieved.
2 Second Offense. An administrative fine of Three Thousand Pesos
(P3,000.00),and the motorcycle/vehicle shall be impounded by the
Traffic enforcer and shall not be released until such muffler
insert/silencer is installed in his muffler to minimize the noise created
and the required decibel meter level achieved.

3 Third Offense. A fine of Five Thousand Pesos (P5,000.00), or an


imprisonment of not more than three (3) months or both at the
discretion of the court, and the motorcycle/vehicle shall be impounded
by the Traffic Enforcer and shall not be released until such muffler
insert/silencer is installed in his muffler to minimize the noise create
and the required decibel meter level achieved.

In all the foregoing instances under this section, the TMO shall issue a
certification that said motorcycle has complied the decibel level requirement set
forth in this ordinance before said motorcycle is released. For each violation, the
motor vehicle shall be impounded until the corresponding administrative fine is
settled.

SECTION 7. DISPOSAL OF UNCLAIMED CONSFISCATED MUFFLERS OR


ITS PARTS- The unclaimed nonstandard mufflers or its parts shall be destroyed
publicly to deter any future violations. The destroyed parts may be sold my the
city and the proceeds thereof shall go to ____.
SECTION 8. Separability. - If any provision in these Rules or application of such
provision to any circumstance is held invalid, the remainder of these Rules shall
not be affected thereby.

SECTION 9. Effectivity. - These Rules shall take effect fifteen (15) days after the
date of publication in a newspaper of general circulation in the City.

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