WHEREAS, by virtue of its power under the provisions of Republic Act No. 7160 (R.A. 7160), otherwise known as the Local Government Code of 1991 the Local Government of San Juan is mandated to create its own sources revenue and to levy taxes, fees, and charges subject to the conditions set forth by the Code and consistent with the basic policy of local autonomy;
WHEREAS, under Section 132 of Republic Act No. 7160, the power to impose tax, fee or charge or to generate revenue is granted to the Sanggunian of the Local Government Unit, in this case, the Sangguniang Panlungsod of San Juan City, through an appropriate Ordinance for that matter;
WHEREAS, pursuant to such authority provided by law, the Sangguniang Panlungsod of San Juan City hereby intends to impose parking for every motorized vehicle parked within the vicinity of San Juan city hall in areas defined by this ordinance;
WHEREAS, consistent with Section 130 (b) of the same Code, the parking fees to be imposed by the Sangguniang Panlungsod of San Juan City are determined to be: equitable and based as far as practicable on the taxpayer's ability to pay; levied and collected only for public purposes; and not unjust, excessive, oppressive or confiscatory, contrary to law, public policy, national economic policy or in the restraint of trade xxx;
NOW THEREFORE BE ORDAINED, AS IT IS HEREBY ORDAINED, by the Sanggunian Panlungsod of San Juan City in session duly assembled that:
SECTION 1. TITLE. This Ordinance shall be known as "AN ORDINANCE IMPOSING PARKING FEES IN THE ESTABLISHED PARKING AREAS WITHIN THE VICINITY OF SAN JUAN CITY HALL
SECTION 2. POLICY. It shall be the policy of the City of San Juan to implement the mandate based on this Ordinance in order to make efficient and effective local governance.
SECTION 3. DEFINITION OF TERMS
a. FEE - a charge determined by the Sangguinang Panlungsod to be collected in return for the use of parking space determined by this Ordinance.
b. MOTORIZED VEHICLE - all vehicles run by engine
c. PARKED VEHICLE - the state of the motorized vehicle that is stationary within the parking space determined in this ordinance.
d. PARKING AREA - areas determined by this Ordinance where motorized vehicles can park.
SECTION 4. PARKING AREAS. The following are the areas determined as parking spaces to be subject to the imposition of parking fees:
a. Area by the flagpole in front of the driveway of City Hall
b. Multi-level steel parking area located beside Land Bank
SECTION 5. PARKING TIME. The operating hours of the parking areas shall be from MONDAY to SUNDAY; from 7:00 o’clock in the morning to 10:00 o’clock in the evening
SECTION 6. IMPOSITION OF PARKING FEES.
-Fifty Pesos (P50.00) for the first three (3) hours
-Ten Pesos (P10.00) for the succeeding hours
-Fifty Pesos (P50.00) for first three (3) hours
-Ten Pesos (P10.00) for the succeeding hours
-One Hundred Fifty Pesos (P150.00) for first three (3) hours
-Ten Pesos (P10.00) for the succeeding hours
SECTION 7. OVERNIGHT PARKING. Shall strictly be prohibited in the parking areas as mention in Section 4 hereof. One Hundred Fifty Pesos, (P150.00) shall be charged to any vehicle that will park beyond the operating hours prescribed in this Ordinance. This fee is on top of the prescribed parking fees in Section 6.
SECTION 8.EXEMPTION – The following are exempted from pay parking fees:
1.) San Juan City Hall employees that are driving their vehicles provided that they present their valid City Government of San Juan Identification Cards to the parking attendants;
2.) Taxpayers that will do transactions within city hall provided that their ticket be validated by the corresponding department which they had transactions with; and
3.) Those that will be jogging or exercising along Pinaglabanan Shrine, free for the first two (2) hours.
SECTION 9. VIOLATION – The Traffic and Parking Management Office (TPMO) is hereby authorized to issue traffic/parking violation tickets for those who refuse to pay their parking fees, in accordance with the Traffic Management Code of San Juan.
SECTION 10. FINES - Any person or persons, violating any provision of this Ordinance shall be fined with the following:
FIRST OFFENSE: One Thousand Pesos (P1,000.00)
SECOND OFFENSE: One Thousand Five Hundred Pesos (P1,500.00)
THIRD and SUBSEQUENT OFFENSE: Two Thousand Pesos (P2,000.00)
SECTION 11. REPEALING CLAUSE. Any Ordinance, Rule or Regulation or part thereof which is inconsistent with any provision of this Ordinance is hereby repealed or modified accordingly.
SECTION 12. SEPARABILITY CLAUSE – If, for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid by a competent court, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.
SECTION 13. The authority, issuance and approval hereof is subject to and conditioned upon compliance to certain restrictions and to all existing laws, circulars, rules and regulations.
SECTION 14. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after publication.