OFFICE
of tl U'
SANGGUNIANG
BA VAN
MONCADA, TARLAC
EXCERPT FROM THE MINUTES OF THE 17th REGULAR SESSION OF THE 11tH
SANGGUNIANG BAYAN OF MONCADA, TARLAC HELD ON THE 24tH DAY OF
OCTOBER 2022 AT THE SB SESSION HALL, LEGISLATIVE BUILDING.
PRESENT:
HON. JAIME O. DUQUE .. VICE MAYOR/PRESIDING OFFICER
HON. RAMON BENITO M. AQUINO .. MEMBER
HON. JANIUS M. YASAY .. MEMBER
HON. ALBERTO C. MARZAN, JR., MD .. MEMBER
HON. THELMAFLOR A. ESPEJO .. MEMBER
HON. CELESTE A. AYSON .. MEMBER
HON. GEORGE MICHAEL P. AGUILAR .. MEMBER
HON. CONSTANTE NESTOR A. FAVIS .. MEMBER
HON. GEORGE R. CUCHAPIN, MD .. LnB PRESIDENT
HON. EZEKIEL C. RIVERA .. SKF PRESIDENT
ABSENT:
HON. RODOLFO C. ESPEJO, JR. .. MEMBER (OFFICIAL LEAVE)
MUNICIPAL ORDINANCE NO. 15
Series of 2O22
AN ORDINANCE REGULATING THE USE OF KARAOKE, VIDEOKE, AND OTHER
SIMILAR MACHINES AND DEVICES OR INSTRUMENTS IN THE MUNICIPALITY OF
MONCADA AND REPEALING FOR THIS PURPOSE MUNICIPAL ORDINANCE NO.
1, SERIES OF 2005 OTHERWISE KNOWN AS THE SOUND POLLUTION
ORDINANCE OF MONCADA, TARLAC
Principal Author & Sponsor: Coun. Janius M. Yasay
WHEREAS, within their respective territorial jurisdictions, local government
units shall ensure and support the promotion of health and safety, maintain peace
and order, and preserve the comfort and convenience of their inhabitants;
WHEREAS, the same Code provides that the Sangguniang Bayan shall enact
ordinances and measures necessary to prevent and suppress lawlessness and
disorder, regulate events or activities for amusement or entertainment which tend
to disturb the community or annoy the inhabitants;
WHEREAS, following the declining number of COVID-19 cases, increasing
vaccination coverage and easing of COVID-19 restrictions, the Department of
Education is eyeing for the full resumption of face-to-face classes by November
of this year, thereby causing learners to be more engaged with their homework,
researches and other school activities;
WHEREAS, the Municipal Government of Moncada deems it necessary to
regulate the use of karaoke, videoke and similar sound-producing devices which
may cause distractions to students and those employees under work from home
set-up;
". Management
Poblacion 1, Moncada, Tarlac System
Tel. No. O917-186-8114 / O999-O66-5325 ISO 9001:2015
URL: www.moncadatarlac.gov.ph
Email:
www.tuv.com
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SANGGUNIANG
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MONCADA, TARLAC "
NOW, THEREFORE, on motion by Coun. Janius M. Yasay, duly seconded;
BE IT ENACTED by the Sangguniang Bayan of Moncada in session
assembled, that:
SECTION 1. TITLE. This Ordinance shall be known as the "Sound Pollution
Ordinance of Moncada 2022."
SEC. 2. DECLARATION OF POLICY. The Municipality of Moncada values the
comfort and convenience of its citizens and more importantly the education of
Moncadenian learners. For this purpose, it shall support and promote their welfare
by providing a safe and healthy environment conducive to learning.
SEC. 3. OBJECTIVE. This Ordinance intends to regulate the use of karaoke,
videoke, and similar sound-producing devices which may cause disturbance to the
community and distractions to students and teachers in their school and learning
activities, and those engaged in work-from-home arrangements.
SEC. 4. DEFINITION OF TERMS. The terms below when used in this
Ordinance shall mean as follows:
a.) Noise Disturbance - means a disturbing or excessive sounds or
noise level that create actual interference with the peace and order
that can be heard within the distance of 50 feet in which the system
or sound amplifying equipment is located. Noise is considered
disturbing when it exceeds the 85 decibel (dB) threshold;
b.) Videoke, karaoke and similar sound producing device - means any
machine or device that is used for the amplification of the human
voice, music or any other sound.
SEC. 5. ALLOWABLE ACTS. (a) Any person, found in any residential area of
the Municipality of Moncada, shall be allowed to properly use karaoke, videoke
and other similar machines, devices or instruments that produce a din for the
following periods and shall be supervised by the Barangay Officials, to wit:
1) Fridays from 3:00 PM until 10:00 PM
2) Saturdays from 3:00 PM to 10:00 PM
3) Sundays to Thursdays - from 9:00 AM to 6:00 PM
4) Non-Working Holidays (which fall on weekdays) from 9:00 AM to
6:00 PM
5) Night before a Non-Working Holiday - from 3:00 PM to 10:00 PM
(b) The sound volume of videoke machines and other sound devices, including
improvised videoke device, should be reduced to a tolerable level starting at 8:00
PM. Tolerable sound level as used in this Ordinance means a sound not exceeding
the 85 decibel (dB) threshold.
(c) Commercial establishments in Moncada may use karaoke, videoke and other
similar machines, device or instruments that produce a loud noise in the conduct
of their business; Provided that, the owners, managers and/or employees of such
establishments, shall put in place appropriate measures or devices that will
minimize noise; Provided further, that in case of failure to minimize the noise after
notice, such establishment shall immediately stop and cease from further using the
sound producing device, otherwise, they shall be cited for violation of the
Ordinance.
Management
Poblacion 1, Moncada, Tarlac System
Tel. No. O917-186-8114 / O919-O66-5325 ISO 9001:2015
URL: www.moncadatarlac,gov.ph
Email: =a,sboff_ice~inaiLc TUVRheinlaiid
wv con,
Page 2 of 4 90000`0553
OFFICE
of the
SANGGUNIANG
BAVAN
MONCADA, TARLAC
(d) Videoke machines must be installed one hundred (100) meters away from
schools, churches, hospitals, clinics, public offices, and public buildings and twenty
(20) meters away from the nearest house within a high-density residential zone.
(e) All commercial videoke machine owners must first secure a permit from the
Business Permits and Licensing Office (BPLO) before allowing their machine/s to
be rented.
(f) Businesses involved in the rentals of videoke machines and sound systems shall
inform their renters and clients about the prescribed schedule of operating the
videoke and other sound-producing devices.
SEC. 6. PROHIBITED ACTS. - Using or abetting the use of karaoke, videoke
or other similar sound machines, devices or instruments that produce a din of
noises outside the periods mentioned in Section 5 hereof is prohibited, and the
penalties in Section 9 hereof shall apply. Barangay officials and personnel who are
found involved in the prohibited acts and who subsequently fail to discharge their
duties in enforcing this Ordinance shall be penalized in accordance with Section
60 of RA 7160 or the Local Government Code.
SEC. 7. EXEMPTIONS. (a) Machines, devices or instruments actually used by
students and teachers for their school activities shall be exempted from the
implementation of the Ordinance.
(b) The use of sound machines, devices or instruments by religious
organizations during worship service and activities related to the exercise of
freedom of religion shall likewise be exempted. Provided that, the use of such
device shall only be allowed until 10:00 PM during their regular schedule of mass
or worship service.
(c) Special permit for the early and/or extended use of videoke machines
and other sound devices and instruments outside the days and hours when these
are prohibited must be filed with the barangays concerned at least twenty-four
(24) hours before the actual date of activity. Provided that such extension must
be until 12 midnight only. Provided further, that the sound volume of such videoke
and other sound devices shall be reduced to a tolerable level starting at 8:00 pm.
SEC. 8. ENFORCEMENT. The PNP Moncada together with the Barangay
Officials and their CVOs/Tanods shall enforce the provisions of this ordinance.
SEC. 9. PENALTIES. Any person found violating this Ordinance shall be
meted the following penalties:
a) First Offense - Fine of P 500.00 or 8 hours community service.
b) Second Offense - Fine of P 1,000.00 or 16 hours community service.
c) Third and Succeeding Offenses - Fine of P 2,500.00 or 32 hours
community service.
Any commercial establishments, including those engaged in videoke-for-
rent schemes, found in violation of this ordinance after notice and hearing shall be
penalized as follows:
a) First Offense - Fine of P 1,000.00.
b) Second Offense - Fine of P 1,500.00.
c) Third and Succeeding Offenses - Fine of P 2,500.00 and
suspension/revocation of business permit and confiscation of videoke
machine.
Management
Poblacion 1, Moncada, Tarlac System
Tel. No. O917-186-8114 / O919-O66-5325 ISO 9001:2015
URL: www.moncadatarlac.gov.oh
Email: mda.sbgffice:'gnai €,tern TUVRheinland
www.luv.wm
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SANGGUNIANG :I
BA VAN (~~Gr z
MONCADA, TARLAC
SEC. 10. SEPARABILITY CLAUSE. If any provision or part of this Ordinance
is declared invalid or unconstitutional by any competent court or authorities, the
remaining provisions which are not affected thereby shall continue to be in full
force and effect.
SEC. 11. REPEALING CLAUSE. Any and all ordinances, rules, regulations and
issuances or any part thereof which are inconsistent with the provision of this
Ordinance are hereby repealed or modified accordingly.
SEC. 12. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days
following its posting in at least three (3) conspicuous places in the municipality and
likewise in the website and social media platforms of the SB and LGU of Moncada.
ENACTED, this 24th day of October, 2022 at Moncada, Tarlac.
x x
I HEREBY CERTIFY to the correctness of the foregoing Ordinance which was
enacted on Third and Final Reading by the 11th Sangguniang Bayan of Moncada
during its Regular Session held on the aforementioned date and place.
VICTOR S OS. MOLINA
Secretary, Sangguniang Bayan
ATTESTED AND CERTIFIED
TO BE DULY ENACTED:
JAIMEt~DUOUE
Vice Mayor & Presiding Officer
APPROVED by HER HONOR, this D7 day of NOVE'A Ell , 2022.
ESTEL'1TA M:A0U1N0
Municip I Mayor
Management
Poblacion 1, Moncada, Tarlac System
Tel. No. O917-186-8114 / O919-O66-5325 ISO 9001:2015
URL: www.moncadatarlac.gov.ph
Email: mda.sbgfFic c'gn a;.Lccam TUVRheinland
www.tuv corn
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