Professional Documents
Culture Documents
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.
5.1 The following circumstances shall give rise to prima facie evidence of
violation of the Ordinance.
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.
5.7 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.
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 9. Effectivity. - These Rules shall take effect fifteen (15) days after the
date of publication in a newspaper of general circulation in the City.