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Barangay Ordinance No. 2 - Videoke Regulation - Amplified Sound

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Barangay Ordinance No. 2 - Videoke Regulation - Amplified Sound

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Republic of the Philippines

Province of Capiz
Municipality of Pilar
BARANGAY BINAOBAWAN

BARANGAY ORDINANCE NO.: 2024 – 002


Series of 2024

AN ORDINANCE REGULATING THE USE AND OPERATION OF VIDEOKE,


KARAOKE MACHINES AND OTHER SIMILAR AMPLIFIED AUDIO SOUND
DEVICES WITHIN RESIDENTIAL AREAS AND 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, the Sangguniang Barangay has been receiving many complaints from
residents regarding loud videoke machines or other loud sound producing devices from their
neighbors or establishments near them.

WHEREAS, the excessive, unnecessary or unusually loud sound from the said audio
devices beyond the limit of acceptable level within residences is deemed as noise pollution
and cause annoyances, disturbances, and injures, endangers the comfort, health, peace and
safety of other households, families and/or individuals;
NOW THEREFORE, on motion of Hon. Rolando O. Bayaban, Jr, Chairman of the
Committee on Peace and order duly seconded by all members present be it…

RESOLVED, as it is hereby resolved to enact Barangay Ordinance No. 002 Series of


2024 regulating the use and operation of videoke, karaoke machines and other similar
amplified audio sound devices within residential areas and providing penalties for violation
thereof and for other purposes[

BE IT ORDAINED by the Sangguniang Barangay of Binaobawan in Session assembled…

BARANGAY REGULATORY ORDINANCE NO. 002


Series of 2024

SECTION 1: TITLE – This Ordinance shall be known as the “BARANGAY


VIDEOKE AND SOUND SYSTEM REGULATION ORDINANCE”;
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. Sound System - a set of equipment for the reproduction and amplification of


sound.

c. 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.

d. Business Operators – any individuals and/or business establishments within


the Barangay with corresponding Barangay Business Clearances and
Municipal Permit to operate that uses Videoke/ Karaoke Machines and other
Audio or sound Producing devices and/ or equipment to generate income or
profit;

SECTION 3: ALLOWED HOURS FOR THE USE AND OPERATION OF


VIDEOKEMACHINE AND OTHER SOUND SYSTEM; AND PROHIBITONS.

a. Operation of Videoke/Karaoke machines and other audio/sound system used for


personal purposes and not for business or income purposes within or near
residential areas shall only be allowed to use such machines from 8AM to 10PM
only;

b. 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:
c.1 near the places of worship, and during worship hours.
c.2 near schools, during school hours.

SECTION 4. EXEMPTIONS.
a. Barangay sponsored activities and the like such as celebration of fiestas etc.

b. For personal occasions such as birthday celebrations, extensions of until 12:00


midnight may be granted by securing an extension permit from the office of the
Punong 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.
c. Other Nationally commemorated occasions or celebrations such as Christmas
and New year;

SECTION 5. PENALTY. – Any person or business operators found violating the


provisions of this Ordinance shall be penalized as follows:
a. For Non business Operators
a.1 First Offense – Written Warning;
a.2 Second Offense – Written Warning and a Fine of Five Hundred Pesos
(Php500.00) and community service upon the discretion of the Punong
Barangay including the days of Community service;
a.3 Third and Succeeding Offense – A fine of One thousand Pesos (Php1,
000.00) or imprisonment of fifteen (5) days or both such fine and
imprisonment at the discretion of the court;

SECTION 6. 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 7. REPEALING CLAUSE – All ordinances, resolutions, local rules and
regulations which are inconsistent with or contrary to the provisions of this Ordinance are
hereby amended accordingly;
SECTION 8. EFFECTIVITY – This Ordinance shall take effect upon its approval;

RESOLVED FURTHER, that copies of this ordinance be furnished to the office of


the Sangguniang Bayan and all other offices concerned for their approval;

UNANIMOUSLY APPROVED

Enacted and Approved: January 20, 2024

I hereby certify to the correctness of the foregoing Ordinance.

JESSICA J. BONITA
Barangay Secretary

Concurred by:

SHARON P. AJESTA ROLANDO O. BAYABAN, JR


Barangay Kagawad Barangay Kagawad
JOSEPH D. CATALAN RICO C. BE
Barangay Kagawad Barangay Kagawad

FRANCESE JAY C. PASTRANA CHRISTIAN D. GUZMAN


Barangay Kagawad Barangay Kagawad

JOHNEL A. ACER JONA M. BORJA


Barangay Kagawad SK Chairman

Attested by:

REMART L. CRISPOLON
Punong Barangay

Approved by:

ARNOLD A. PEREZ
Municipal Mayor

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