WHEREAS, pursuant to the provisions contained in Republic Act No. 7160, otherwise known as the Local Government Code of 1991, the Sangguniang Panlungsod shall regulate the use of streets, avenues, alleys, and other public places and improve and maintain the same, regulate the use of jeepneys and bus stops and parking spaces, as well as designate stands to be occupied by public and private vehicles;
WHEREAS, Section 16 of Republic Act No. 7160, also known as the General Welfare Clause, provides in pan that every local government unit shall exercise powers necessary for its efficient and effective governance and those which are essential to the promotion of general welfare;
WHEREAS, Section 17 of Republic Act No. 7160, provides that Local Government Units shall discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary appropriate, or incidental to efficient and effective provisions of the basic services and facilities enumerated:
WHEREAS, Section 22 of Republic Act No. 7160 provides that Local Government Units shall enjoy full autonomy in the exercise of their propriety functions, while Section 129 states the each local government unit shall exercise its power to create its own sources of revenue and to levy taxes, fees and charges subject to the provisions herein, consistent with the basic policy of local autonomy. Such taxes, fees and charges shall accrue exclusively to the local government units;
WHEREAS, it is the policy of the City of San Juan to introduce a regulated parking system in areas so designated by the City, so as to improve and enhance traffic flow and distribute equitably the limited on-parking spaces;
WHEREAS, pursuant to this policy, there is a need to implement and regulate the use of immobilizing devices such as, but not limited to, wheel clamps and tire-lock system;
WHEREAS, the wheel clamp or tire-lock is a device used to immobilize vehicles that have been issued official parking violation notices;
NOW THEREFORE BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of the City of San Juan, Metro Manila, in a session duly assembled, THAT:
SECTION 1. TITLE. This Ordinance shall be known as the “San Juan City Wheel Clamping Ordinance”.
SECTION 2. SCOPE. This Ordinance shall apply only to illegally parked vehicles provided under Article X, Section 41 of the Traffic Management Code, Executive Order No. FMZ-004, Series of 2019, Executive Order No. FMZ-007, Series of 2019, Executive Order No. FMZ-012, Series of 2019.
SECTION 3. EXEMPTION. Marked emergency vehicles such as fire trucks and ambulances shall be exempted from clamping.
SECTION 4. DEFINITION AND USE- The wheel clamp or tire lock is a metal gadget, an immobilizing device, duly registered with, and bearing the seal of the City of San Juan that is placed on the tire of the vehicle, including container vans, trucks, trailers and other multi-wheeled vehicles, and shall be installed by the authorized personnel of the San Juan CityTraffic and Parking Management Office (TPMO) and its duly deputized officers.
SECTION 5. USE OF WHEEL CLAMP – The use of wheel clamp or tire locks to immobilize illegally parked and unattended vehicles in any street or area, designated as “no parking” or “towing away zone” pursuant to the Traffic Management Code, is hereby authorized.
SECTION 6. VEHICLE TIRE-CLAMPING FEE. As per Section 5B. 03 of City Ordinance No. 91, Series of 2013 (San Juan Revenue Code of 2013), the owner/driver/operator shall pay the corresponding fees for the release/removal of the clamping device to immobilize illegally parked and unattended vehicles in any street or area designated as “No Parking” or is a “Tow-Away Zone”; for which a corresponding official receipt shall be issued.
Fee | |
a.) Motorcycles | P500.00 |
b.) Cars/AUV/SUV/Jeepneys | 1,500.00 |
c.) Cargo Trucks/ Delivery Vans | 2,000.00 |
d.) Passenger Buses | 2,000.00 |
Payment shall be made at the San Juan City Treasurer’s Office.
SECTION 7. REDEMPTION- The owner/driver/operator of clamped vehicle shall be given a maximum period of five (5) hours, within which to redeem the said vehicle by paying the amount of the fine prescribed in Section 6 hereof. Otherwise, said vehicle shall be towed and impounded in the TPMO impounding area and subjected to further towing and impounding fees whichever is applicable.
If clamping is done on a Saturday, Sunday or Holiday, the payment of fine shall be made on the first hour of Monday or the next office day, as the case may be. The driver’s license is confiscated and Ordinance Violation Receipt issued.
SECTION 8. RESPONSIBILITY OF THE CITY GOVERNMENT- The City Government of San Juan shall not be held responsible for any damage to the vehicle caused by any movement or attempted movement of the vehicle by the owner/driver/operator while the wheel clamped. Provided, that a notice of immobilization shall be placed on the driver side windshield of the vehicle.
SECTION 9. 5-MINUTE RULE. The apprehending officers shall exert effort to locate the owner/driver of the vehicle. The officers are given five (5) minutes to locate the owner/driver and for the latter to remove the illegally parked vehicle. In the event that the owner/driver is not located within five (5) minutes, or refuses to remove the vehicle, the apprehending officers may then proceed with clamping the tire of the vehicle.
In case the owner/driver is located within five (5) minutes, he/she will be issued a Traffic Violation Ticket of illegal parking.
SECTION 10. NOTICE OF IMMOBILIZATION- The Notice of Immobilization shall contain the following information:
a)Date and time of immobilization;
b)Exact area/location of illegally parked vehicle;
c)Name and office of officer who actually placed the immobilization devices; and
d)Any visible damage to the vehicle before the use of immobilization device.
SECTION 11. UNAUTHORIZED REMOVAL- It shall be unlawful to remove or destroy the wheel clamp, or even an attempt thereof, which shall subject to offender to a fine of Five Thousand Pesos (P5,000.00) or one (1) month imprisonment or both, at the discretion of the Court.
SECTION 12. IMPLEMENTATION – The Office of the City Mayor through the Traffic and Parking Management Office, in coordination with the Metropolitan Manila Development Authority (MMDA) and the San Juan City Police, with the assistance of the Task Force Disiplina and the Public Order Safety Office (POSO), and other deputized officers as may be authorized are hereby tasked to assist in the implementation of this Ordinance.
SECTION 13. LOCAL BARANGAYS- The TPMO is hereby authorized to deputize Barangay officials to assist in the implementing of this Ordinance. The local barangays are mandated to regularly submit an updated list of deputized officers to the TPMO. Any Notice of Immobilization issued by an officer not included in the TPMO’s record of deputized officers shall be null and void, and shall subject the officer to appropriate administrative action.
SECTION 14. BARANGAY SHARE- The local barangays shall be given twenty-five percent (25%) of the fines collected by the City Treasurer for apprehension/violated within the respective territorial jurisdiction of their barangays.
SECTION 15. APPROPRIATIONS- The funding to implement this Ordinance shall be taken form the General Fund. Whatever additional amount is needed for the maintenance and operation, as well as implementation, shall be included in the General Appropriation Ordinance of ensuing fiscal years.
SECTION 16. All provisions of City Ordinance No. 37, Series of 2004 shall remain valid and effective, unless otherwise repealed or amended by this or another Ordinance.
SECTION 17. 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 18. REPEALING CLAUSE – All Ordinances contrary to or inconsistent with any of the provisions of this Ordinance is hereby repealed and/or modified accordingly.
SECTION 19. 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 20. EFFECTIVITY – This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation.