AN ORDINANCE REINFORCING THE PROVISIONS OF LAWS AND RULES
THAT PROMOTE THE PROTECTION AND WELFARE OF PERSONS WITH
DISABILITIES BY DESIGNATING ENOUGH EXCLUSIVE PARKING SPACES
INTENDED FOR THEIR MOTOR VEHICLES IN ALL COMMERCIAL
ESTABLISHMENTS, GOVERNMENT OFFICES, SCHOOLS, HOSPITALS OR
CLINICS AND ANY OTHER SIMILAR INSTITUTIONS FOUND WITHIN THE
TERRITORIAL JURISDICTION OF THE CITY OF GENERAL SANTOS,
PROVIDING SCHEMES AND PENALTIES FOR EFFECTIVE IMPLEMENTATION,
AND FOR OTHER PURPOSES
HON. SHANDEE THERESA O. LLIDO-PESTAÑO- AUTHOR
HON. FRANKLIN M. GACAL, JR, HON. ROSALITA T. NUÑEZ & HON. ELIZABETH B. BAGONOC – CO- AUTHORS
Section 1. Short Title. - This Ordinance shall be known as “The Persons
with Disabilities Special Parking Privilege Ordinance of 2015.”
Section 2. Policy Statement. - The City of General Santos adheres to and
upholds the principles of the Constitution and all laws and rules which grant
rights and privileges to Persons with Disabilities (PWDs) and, thus, commits to
formulate and implement local policies and procedures deemed to reinforce
such laws and rules with the end in view of strengthening the efficient and
effective application thereof.
Section 3. Person with Disabilities Defined. – This Ordinance hereby
adopts the basic definition of the term “Person with Disability (PWD)” as stated
under the pertinent provision of Republic Act Numbered Seventy-Two Hundred
and Seventy-Seven (RA 7277), otherwise known as “The Magna Carta For
Disabled Persons” and other related laws and rules providing rights and
privileges to such and, thus, shall be understood to pertain to “persons
suffering from restrictions or different abilities, as a result of a mental, physical
or sensory impairment, to perform an activity within the range considered
normal for a human being,” whereby, the term “Disability” shall mean either a
“physical or mental impairment that substantially limits one or more
psychological, physiological or anatomical function of an individual or activities
of such individuals; or a record of such impairment; or being regarded as
having such impairment.”
Section 4. General Provision. - In the pursuit of the foregoing provisions,
there is hereby provided the following reinforced procedures to ensure that
Persons with Disabilities (PWDs) are provided with enough exclusively
designated parking spaces while they go visit or do business at commercial
establishments, government offices, schools, hospitals or clinics and any other
similar institutions found within the territorial jurisdiction of the city, to wit:
a. That, all the above-mentioned establishments covered by this
Ordinance are required to provide additional special parking
spaces for PWDs in the following proportion:
i. Establishments whose parking space for vehicles
consists of 10-15 lanes shall each provide or allot and
designate at least one (1) parking lane for PWDs.
ii. Establishments whose parking space for vehicles
consists of more than fifteen (15) lanes shall each
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provide or allot and designate at least two (2) parking
lanes for PWDs.
b. That, establishments with multistoried parking spaces such as
Malls or other similar large business establishments shall strictly
observe and apply the preceding provision hereof in the
distribution of parking lanes for PWDs per story or floor.
c. That, all public facilities and private commercial establishments,
in particular to Malls and other large establishments, found
within the territorial jurisdiction of the city, except those whose
parking spaces are limited only to fifteen (15) parking lanes or
less, are hereby enjoined to conduct, from time to time, a
statistical survey of the likely population of their PWD clients as
basis to help them be able to allot and designate enough
number of exclusive parking spaces for PWDs.
d. That, all public facilities and private commercial establishments
whose parking space consists of fourteen (14) lanes or lesser are
hereby enjoined to do their best to also craft and thus
implement internal arrangements which are deemed efficient
and effective towards ensuring the provision of exceptional
accommodation to PWDs in terms of vehicle parking, whenever
necessary or appropriatre.
Section 5. Guards on Duty to Monitor Strict Implementation of this
Ordinance. - To ensure the efficient and effective implementation of the
preceding Section hereof, security guards on-duty at both public facilities and
private commercial establishments are hereby deputized see to it that no
vehicle other than those of PWDs shall park at exclusively designated parking
spaces intended there for and, thus, authorized to cite for violation of this
Ordinance any person who, after due advice, still willfully insists to park his or
her vehicle thereat.
a. As deputy officers, such security guards on-duty shall maintain a
logbook or a record book for violators wherein they shall list
down the name of the offender, the plate number of the vehicle
the offender was driving at the time he or she was cited for
violation, the appropriate time and day such violation was
committed, and some other important narrative facts or data
consistent of other imprudent acts that could be possibly
recorded in relation to the violation committed.
b. Records of violations shall be immediately turned over to the
management for formal endorsement, within twenty-four (24)
hours from the commission of the offense, to the City Treasurer’s
Office copy furnished the nearest Land Transportation Office or
LTO station within the city, for the appropriate issuance of the
corresponding citation ticket and other applicable sanctions
whatsoever.
Section 6. Extra-Judicial Sanctions to Offenders. - a). Without prejudice to
the imposition of other appropriate penalties stated under applicable laws and
rules, any person who violates this Ordinance shall, upon the issuance of the
corresponding citation ticket by the City Treasurer’s office, be fined One
Thousand Pesos (P1,000.00) for first offense, Three Thousand Pesos (P3,000.00)
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for second offense, and Five Thousand Pesos (P5,000.00) for third offense plus
revocation of Driver’s License by the Land Transportation Office. b). Any private
commercial establishment who willfully refuses to implement this Ordinance
shall, upon the issuance of the corresponding citation ticket by the City
Treasurer’s office, be fined an amount of Five Thousand Pesos (P5,000.00) plus
revocation of Permit to Operate Business.
Section 7. Suppletory Clause. - The pertinent provisions of Republic Act
Numbered Seventy-Two Hundred and Seventy-Seven (RA 7277), otherwise
known as “The Magna Carta For Disabled Persons,” insofar as applicable to any
given case or circumstance under consideration with respect to the proper
implementation of this Ordinance within the territorial jurisdiction of the city,
shall be adopted to supplement the provisions hereof.
Section 8. Amendatory Clause. - The provisions of previous local
enactments, resolutions, memoranda, circulars, and other issuances which are
inconsistent with this Ordinance are hereby repealed or modified accordingly.
Section 9. Separation Clause. - In the event that a provision or some
provisions hereof are found or decreed to be invalid or unconstitutional, all
other provisions hereof not affected by such pronouncement or decree shall
remain to be in full force and effect.
Section 10. Effectivity Clause. - This Ordinance shall take effect after
fifteen (15) days following the completion of its full publication in any
newspaper of general circulation within General Santos City.
/rtt. (031615)
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