Republic of the Philippines Province of Agusan del Sur MUNICIPALITY OF TRENTO OFFICE OF THE SANGGUNIANG BAYAN THIRTEENTH SANGGUNIANG BAYAN EXCERPT FROM THE MINUTES OF THE 34" REGULAR SESSION OF THE HONORABLE SANGGUNIANG BAYAN OF TRENTO HELD AT THE SB SESSION HALL, TRENTO, AGUSAN DEL ‘SUR ON APRIL 18, 2017 PRESENT: Hon. Felimon S, Marte Municipal Vice Mayor Hon. John Arbee A. Agcopra ‘Sangguniang Bayan Member Hon. Edcil Marie D. Pagayon ‘Sangguniang Bayan Member Hon. George G. Die! ‘Sangguniang Bayan Member Hon. Permita B, Lamberto ‘Sangguniang Bayan Member Hon. Rose P. Mabunga ‘Sangguniang Bayan Member Hon. Edgar C. Abiao Ex-Officio Member (ABC President) ABSENT: NONE (ON OFFICIAL BUSINESS: NONE: “MUNICIPAL ORDINANCE NO. 016 Series of 2017 AN ORDINANCE PROHIBITING THE USE OF BORA-BORA MUFFLER OR ANY OTHER MOTORCYCLE DEVICES THAT AMPLIFIES THE REGULAR MUFFLER THAT WOULD CREATE EXTRA LOUD NOISE IN THE MUNICIPALITY OF TRENTO, AGUSAN DEL SUR Author: Hon. George G. Diel WHEREAS, the Constitution declares as a State Policy the right of the people to a balance and healthful ecology; WHEREAS, other than the Civil Code’s references to the abatement of public nuisance and the Revised Penal Code's prohibitions against public disorders, there is no statute that specifically addresses noise pollution, a perennial source of annoyance to many with apparent deleterious effect on the public welfare; WHEREAS, motor vehicles are originally equipped with silencers or mufflers for anti-noise pollution reasons; however, a number of vehicle owners remove these silencers or modify their mufflers to make the sound emitted by the exhaust pipes louder; WHEREAS, to make people act responsibly over the use of the motor vehicle so as not to cause disturbance and annoyance to the public; NOW THEREFORE, the Sangguniang Bayan of the Trento, Agusan del Sur, in regular session assembled, hereby ORDAINS that: Section 1. Title. - This Ordinance shall be known and cited as the Anti-Muffler Modification Ordinance of 2017. Section 2. Definition of Terms. ~ As used in this ordinance, the term: a) "Decibel" is a unit used to express the magnitude of sound pressure and sound intensity, based on a logarithmic scale, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure of 20 micropascals. b) "dB(A)" means the sound pressure level in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication ANSI s1.4-1971. €) “Motor vehicle” refers to any vehicle propelled by any power other than muscular power, using a road whether publicly maintained or privately owned, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. 4) “Muffler” means a device consisting of a series of chambers or other mechanical designs for the Purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise. Section 3. Prot jon. ~ Except as otherwise provided in Section 4 hereof, it shall be unlawful for (4) any person to use or operate any motor vehicle so modified as to cause loud and unnecessary or unreasonable noise including the noise resulting from ekhaust, isclearly audible from nearby properties and unreasonably disturbing to the quiet, comfort or repose of other persons; and for (2) Any person to use or operate any motor vehicle that emits noise higher than 84 d(A) even if not modified, measured at a distance of ten (10) meters from the center of the lane of travel. The modification of any noise abatement device, such as a muffler, on any motor vehicle or engine, or the failure to maintain same so that the noise emitted by such vehicle or engine is increased above that emitted by such vehicle as originally manufactured shall be in violation of this section. Furthermore, all such noises in excess of the d8(A) as provided herein shall be prima facie evidence that such noise is loud and unnecessary or unreasonable and Is therefore in violation of this ordinance. Section 4. Exception. Section 3 shall not apply to any person operating a motor vehicle during a race and while it runs on a racetrack, provided the person has acquired written permission from the Mayor. Section 5. Penalties. - The following penalties shall be imposed upon any person for commission of any of the prohibited acts under Section 3 hereof: 1a) First Violation 1,000.00 b) Second Violation 1,500.00 ©) Subsequent Violations 2,500.00 or imprisonment of not more than three (3)months or both at the discretion of the Court Section 6. Separability. - Should any provision of this ordinance be declared by a court of competent {Jurisdiction to be illegal, unconstitutional or invalid the other provisions not so affected shall Temain valid and effective, Section 7. Repealing Clause. - All which ordinances and other municipal issuances, or any part or Parts thereof, which are inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. Section 8. Effectivity. - This ordinance shall take effect immediately upon approval hereof. ‘SO ORDAINED / ENACTED. ADOPTED this 18" day of April, 2017. Thereby certify to the correctness of the above-quoted Municipal Ordinance. CERTIFIED CORRECT: ATTY. ANA FE $\ DELA VEGA, REB Secretary ti-the Sanggunian APPROVED: WILLIAM &. GALVEZ, CE Municipal Mayor