AN ORDINANCE REGULATING THE USE AND OPERATION OF VIDEOKE AND
KARAOKE MACHINE AND OTHER SIMILAR AMPLIFIED AUDIO SOUND
DEVICES IN PUBLIC ESTABLISHMENTS IN THE MUNICIPALITY OF PARACELIS,
ALLOWING THE USE FROM 10:00 AM TO 10:00 PM ONLY, PROVIDING
PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES
WHEREAS, Section 16 of the Local Government Code of 1991, partly states that: “Every Local
government unit shall exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general welfare”;
WHEREAS, barangay residents are accustomed to utilizing open spaces like public streets and
road sides to gain wider area for private activity or function, often making use of videoke or
karaoke machines or other similar amplified audio devices, usually sheltered in collapsible tents
as a form of amusement or recreation;
WHEREAS, the excessive, unnecessary or unusually loud sound from the said audio devices
beyond the limit of acceptable level within residences and on the streets, is deemed as noise
pollution and cause annoyances, and disturbances, and injures and endangers the comfort, health,
peace and safety of others within the city.
NOW, THEREFORE, BE IT ORDAINED, as it is hereby ordained by the Sangguniang Bayan of
Paracelis, in session duly assembled, THAT:
SECTION 1. TITLE – This Ordinance shall be known as the “VIDEOKE REGULATION
ORDINANCE OF PARACELIS”
SECTION 2. DEFINITION OF TERMS
(a) Video Karaoke Machine/Unit – Any equipment or musical contrivance comprising of
a television set or monitor, video player, amplifier, speakers, microphones and any sound
system used for sing-along whereby lyrics of a song with accompanying visual backdrops
are seen on a monitor or screen.
(b) Noise Pollution – also known as noise disturbance; is the disturbing or excessive
noise level and that which can still be heard after a distance of at least 50 feet from the
source.
SECTION 3. ALLOWED HOURS FOR THE USE AND OPERATION OF VIDEOKE
MACHINE AND OTHER SOUND SYSTEM; AND PROHIBITONS.
The use and operation of videoke, karaoke, and other audio/sound system in public streets or
road sides in the City may only be allowed only from 10:00 am until 10:00 pm.
No person shall make, or cause to be made any excessive, disturbing, unreasonable and
unnecessary sound from videoke machine or other sound system such as karaoke, radio, CD
player, television sets, amplified musical instrument, drums, loudspeaker, or other sound-
producing device in such manner or with such volume so as to annoy the quiet and comfort of a
reasonable person of normal sensitivities in any dwelling or residence; or with louder volume
than is necessary for convenient hearing of the persons who are in the place in which such device
is operated, and:
(a) near the places of worship, and during worship hours.
(b) near schools, during school hours.
(c) residential areas.
SECTION 4. EXEMPTIONS.
(a) Special Permits for extension of time for special occasions such as: Christmas, New
Year, Fiesta celebration, barangay sponsored activities and the like, including the night
before said occasion, may be granted by the Municipal Mayor but not later than 12:00
midnight.
(b) For personal occasions such as birthday celebrations, extensions of until 12:00
midnight may be granted by securing an extension permit from the respective Barangay.
The applicant must fill out an application form provided by the barangay and file it with
the barangay at least five working days before the actual date of the function. The form
should include the following information: the nature of the intended activity, the type of
audio device to be used, the specific location where the device will be used, and the
period of time during which the device will be operated.
SECTION 5. VIDEOKE BUSINESSES.
Existing businesses or establishments that are engaged in entertainment are required to provide
effective soundproofing of their establishments to maintain the tolerable noise level outside their
establishments.
Non-compliance will be charged of the following: a) FIVE HUNDRED PESOS (Php 500) fine
per day after the deadline; b) seven (7) days business suspension; c) revocation of business
permit upon failure to comply with such requirements after thorough investigation.
SECTION 6. FACTORS TO CONSIDER. – In determining whether the sound is excessive,
disturbing, unreasonable and/or unnecessary, and therefore considered as “noise pollution”, the
following factors incident to such sound may be considered, to wit:
a. Time of the Day;
b. Proximity to residential area, school or place of worship;
c. Whether the sound is recurrent, intermittent or constant;
d. The volume and intensity;
e. Whether the sound has been enhanced in volume or range by any type of electronic or
mechanical means; and
f. The character of the area.
SECTION 7. ENFORCEMENT AND ABATEMENT. – One (1) hour before 10:00 in the
evening, the members of the barangay tanod on-duty shall courteously approach and remind the
concerned parties to soften or lower the volume and eventually turn off the videoke or sound
system at 10:00 P.M. except for those who have secured special permits from their respective
barangays. However, that if such reminder has been obviously ignored or taken for granted by
the concerned parties for the second time, the members of the barangay tanod shall call the
police to intercede for and on behalf of the barangay.
SECTION 8. PENALTY. – Any person found violating the provisions of this Ordinance shall be
penalized by a fine of five thousand pesos (P5,000.00) or imprisonment of thirty (30) days, or
both fine and imprisonment, at the discretion of the court.
SECTION 9. SEPARABILITY CLAUSE – If any section or provision of this Ordinance is
declared unconstitutional or invalid by a competent court, other sections or provisions not
affected thereby shall continue to be in full force and effect.
SECTION 10. REPEALING CLAUSE – All ordinances, resolutions, local rules and regulations
which are inconsistent with or contrary to the provisions of this Ordinance are hereby repealed of
modified accordingly.
SECTION 11. EFFECTIVITY – This Ordinance shall take effect after its publication once in a
newspaper of general or local circulation.