1) Others

a)

MUNICIPAL ORDINANCE NO. 74, S. 1994; AN ORDINANCE REGULATING THE CUTTING, FELLING, DESTRUCTION OR OTHERWISE DELIBERATELY KILLING OF COCONUT TREES, AS WELL AS THE PROCESSING OR CONVERSION THEREOF INTO LUMBER, LOGS, OR ANY END OR USER PRODUCT, INCLUDING ITS SALES, TRANSPORTATION, TRANSSHIPMENT, OR TRANSFER WITHIN AND IN EXIT FROM THE PROVINCE OF AKLAN.

WHEREAS, the Sangguniang Bayan is empowered to enact ordinances aims to protect the inhabitants of the Municipality from the harmful effect of man-made disasters and calamities under paragraph (1)-(iv) and to protect the environment and impose appropriate penalties for acts which endanger the environment under paragraph (1)-(vi), both of Section 468 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991; WHEREAS, the attention of this body has been called to the alarming rate of cutting, felling, and other forms of destruction of coconut trees for use as lumber or wood substitute; WHEREAS, this body is of unanimous view that the continued and indiscriminate cutting, felling or destruction of coconut trees, will not only adversely affect the economy of the province as a primary coconut producing area but may cause havoc to the environment and ecology being among the most abundant of trees in this jurisdiction and consequently may result in man-made disasters or calamities such as floods, massive erosion, and dislocation of existing water ways; N O W, T H E R E F O R E BE IT ORDAINED as it is hereby ordained, to prohibit all cutting, felling, destruction, or otherwise deliberately killing of coconut trees as well as their processing or conversion into lumber, logs, or any end or user product, including the sale, transportation, transshipment, or transfer thereof within and in exit from the province of Aklan, without a Mayors Permit duly issued for the purpose by the municipal of the Municipality from where the tree has been cut, felled, destroyed or killed subject to conditions herein after provided: SECTION 1. When cutting, felling, and/or destruction of coconut trees may be allowed. Under no circumstances shall a Mayors Permit for the cutting, felling, destruction or killing of coconut trees be issued unless it has been determined: 1) The coconut trees are senile. For the purpose of this ordinance, a coconut tree is deemed senile if it is more than 60 years old as determined by a duly authorized representative of the Philippine Coconut Authority (PCA); It has become unproductive or its productive capacity has fallen to less than 50% of the average yield of other coconut trees in the area; The coconut trees that has been damaged by lightning, typhoons, droughts, or other such natural calamities, or by pests, insects, and plant diseases, as long as the damaged was caused without the intervention of man; The coconut trees need to be cut by reason of some government or public service project such as right of way for roads, power and communication lines, canals, water systems, and the like as well as for school buildings, barangay centers, multi-purpose pavements, and such similar constructions; The coconut trees need to be cut in order to give way to private buildings, construction or improvements on the real property, or in order to convert the premises to use other than agricultural, provided that such buildings, constructions, or improvements are installed and the conversion effected within one (1) year of the cutting, otherwise, a permit issued for this reason shall be considered to have been obtained through fraud or misrepresentation and shall be deemed a transgression of this ordinance;

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The trees are to be cut to give way to replanting or replacement with at least a similar number of coconut trees, provided that a written undertaking to pursue such a project six (6) months from the cutting, be executed by the land owner, duly subscribed and sworn to before a person authorized to administer oaths and failure to replace the coconut trees within the time provided shall be considered a violation of this ordinance; The coconut trees pose a danger to persons or property by an evident possibility to toppling over from strong winds, erosion or water, earthquakes, landslides and such like causes without the intervention or man;

7)

SECTION 2. Requirements for the Issuance of a Mayors Permit. The Mayors Permit as required by this ordinance shall be issued only upon submission of certain requirements as follows: 1) For the cutting, felling, destruction or deliberate killing of coconut trees the applicant shall submita) A copy of the Tax Declaration of the real property from where the tree is to be cut, felled, destroyed or otherwise killed;

b) A certification from the Barangay Captain of barangay where the trees are located or from a duly authorized representative of the Philippine Coconut Authority (PCA) that the tree is to be cut, felled, destroyed or killed in accordance with the provisions of Section 1 hereof stating the particular circumstance (Pars. 1 to 6) under which the tree/s is/are to be cut, felled or destroyed; c) In the case of senile trees (par. I, Sec. 1), a certification from the duly authorized representative of the Philippine Coconut Authority of the condition of the tree or trees;

d) In the case of replanting or replacement, the written undertaking as required under Par. 5, Sec. 1 hereof; 2) For the processing or conversion into lumber, logs or any end or user product and the sale, transportation, transshipment, transfer of the coconut trees, the applicant must submit the Mayors Permit for the cutting of every tree or the collective parts thereof, subject to the application.

SECTION 3. Penalty Clause. In accordance with Par. (i)-(iv) of Section 468 of Republic Act No. 7160 (The Local Government Code of 1991), any violation of this ordinance shall be punishable by a fine of not less than FIVE HUNDRED PESOS (P500.00) and not more than FIVE THOUSAND PESOS (P5,000.00) or imprisonment of not less than five (5) days but not more than thirty (30) days, or both, the penalty depending on the number or volume of the trees cut, felled, destroyed, killed, processed, converted, sold, transported or transferred, and the recidivism of the offender, at the discretion of the court. SECTION 4. Effectivity. This ordinance shall take effect upon the publication thereof once a week for three (3) consecutive weeks in at least three (3) newspapers of general circulation within the Province of Aklan. SECTION 5. Appropriation. The Sangguniang Bayan of Malay, by another ordinance, shall appropriate such funds as may be necessary for the publication and proper implementation of this ordinance, including the widest dissemination of the information relative thereto, in all possible media outlets in the province. WHEREFORE, upon motion of Hon. Frolibar S. Bautista, duly seconded by all the members of this body, the Sangguniang Bayan of Malay, Aklan, in session assembled, hereby pass and adopt this ordinance this 19th day of September 1994 at Malay, Aklan, Philippines. APPROVED ON SEPTEMBER 19, 1994.

b)

MUNICIPAL ORDINANCE NO. 2000125; AN ORDINANCE PROHIBITING WILDLIFE HUNTING IN BORACAY ISLAND AND THE ENTIRE MUNICIPALITY OF MALAY, AKLAN.

DEFINITIONS: Wildlife as defined in this ordinance include wild species of animals commonly found in some forested places in Boracay which according to old folks are natives in the area. This includes birds like parrots, eagle cahaw, etc: cats, fox, pigs, chickens, crocodiles/alligators, lizards, monkeys, terrestrial crustaceans, commonly found in some areas in the island and the entire Municipality; WHEREAS, there is a need to preserve our wildlife species like birds, cats, monkeys, lizards and others in our tourist village in Boracay and the mainland as they are considered tourists attractions and form part of the preservation and protection of the environment; WHEREAS, these wildlife species are vanishing in our forest as a result of careless hunters joy for hunting and in order to save these endangered wildlife species in our area, the Sangguniang Bayan of Malay, Aklan in session assembled hereby ordained that; SECTION 1. Prohibiting Acts. Municipality is strictly prohibited. Wildlife hunting in Boracay Island and the entire

SECTION 2. Only authorized persons, with permits from the local government of Malay will be allowed to catch or collect these species for study and preservation purposes. SECTION 3. Penalty. Unauthorized persons caught hunting or selling these species will be penalized TWO HUNDRED PESOS (P200.00) for each animal caught aside from the confiscation of the whole catch. SECTION 4. Supplementary Clause. This ordinance supplements other basic laws on the protection and preservation of our wildlife species. SECTION 5. Effectivity. This ordinance shall take effect after proper publication and dissemination has been conducted in Boracay and the entire Municipality. ADDENDUM: SECTION 6. Coverage. This ordinance is extended to the entire Municipality of Malay, Aklan. Also, the title of this ordinance is hereby modified to include the entire Municipality. Other sections and provisions remain unaltered in force and effect. ENACTED. NOVEMBER 25, 1999. APPROVED. JANUARY 13, 2000. (APPROVED SP IN RESOLUTION NO. 2000-65)

c)

MUNICIPAL ORDINANCE NO. 144, S. 2001; AN ORDINANCE DECLARING BORACAY ISLAND AS A NOISE SENSITIVE ZONE AND ADOPTING THE RULES AND REGULATIONS OF THE NATIONAL POLLUTION CONTROL COMMISSION PERTAINING TO NOISE. (Sponsor: Hon. A. D. Salaver)

SECTION 1. Declaration of Principles. It is hereby declared the duty of this Local Government Unit to protect, preserve and nurture its environment; promote general welfare among its constituents and to provide necessary measures towards sustainable tourism industry. That by maintaining peaceful and tranquil environment in Boracay would be beneficial to all living things that thrive on the Island. NOW THEREFORE, be it ordained that Boracay Island be declared as a Noise Sensitive Zone and that this Local Government Unit shall adopt the rules and regulations formulated by the National Pollution Control Commission in order to maintain such. SECTION 2. Definitions. The following words and phrases when used in this Ordinance, unless the context clearly indicates otherwise, shall have the following meanings:

(a) Level means the total sound level of all noise as measured with a sound level meter using A weighting network. The unit of measurement is the Decibel A. Weighting Network means the frequency response of a sound level meter, the purpose of which is to provide a means of compensating for variation in the response of the human ear to frequency and intensity. The A network, for example, disregards the low frequency. (b) Activity means any or combination of sounds. (c) Air Compressor means a device, which draws in air or gas, compresses it and delivers it at high pressure. (d) Ambient Noise means the all-encompassing noise associated with a given environment, being usually composed of sounds from sources near and far. (e) Apparatus means any mechanism, which prevent, controls, detects, measures or records the production of sound. (f) Construction means any or all activity except tunneling, necessary or incidental to the aeration, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility line including such in line grading, excavating and filing. (g) Construction Device means any device designed and intended for use in construction, including, but not limited to, any air compressor, pile driver, manual tool, bulldozer, pneumatic hammer, steam shovel, derrick, crane steam or electric hoist. (h) Circulation Device means any device, which circulates a gas or fluid, including, but not limited to, any air conditioner, pump, cooling water, fan or blower. (i) Claxon means any manually, mechanically or electrically powered device, other than an emergency signal device, including but not limited to a motor vehicle horn which is intended to, and when operated, actually does emit a sound signal. (j) Paving Breaker means any powered construction device intended to cut a trench pavement, subbase macadam, gravel, concrete or hard ground. (k) Decibels is a measure of sound level and is equal to 10 times the logarithm of the square of a measured Sound Pressure Level (SPL) divided by a reference sound pressure. The sound pressure is given in microbar, with the reference pressure taken as 0.0002 microbar, which is generally the minimum the human ear can sense.Decibel A (dBA) is the measure of the total sound level when using the A level network. (l) Device means any mechanism, which is intended to produce or which actually produces sound when operated or handled. (m) Dwelling means any building or structure occupied in whole or in part either as the temporary or permanent residence of one or more natural persons. (n) Muffler means an apparatus generally consisting of, but not limited to, a series of chambers of baffles for the purpose of transmitting gases while reducing sound levels. (o) Noise means an erratic intermittent, or statistically random oscillation, or any unwanted sound. (p) Sound means an oscillation in pressure, stress particle displacement, particle velocity, etc. in a medium whose internal forces (e.g. elastic, viscous) of the superposition of such propagated oscillation, which evokes an auditory sensation. (q) Sound Level Meter means any instrument including a microphone, an amplifier, an output meter, and frequency weighing networks for the measurement of noise and sound level.

(r) Sound Pressure Level (SPL), in decibels means sound level that is 20 times the logarithm to the base 10, of the ration of the pressure, 2 x 10-4 microbar. (s) Sound Reproduction Device means any device intended primarily for the production or reproduction of sound including, but not limited to any musical instrument, radio receiver, television receiver, tape recorder, phonograph or sound amplifying system. (t) Sound Signal means any sound produced by a sound signal device to transmit information. (u) Sound Signal Device means a device designed to produce a sound signal when operated, including, but not limited to, any claxon, air horn, whistle, bell, gong, siren, but not an emergency signal device. (v) Emergency Signal Device means any gong, siren, whistle, or any air horn or any similar device the use of which by authorized emergency vehicles, is permitted. (w) Emergency means a public calamity or an exposure of any person or property to imminent danger. (x) Sound Source means any activity or device as herein defined. (y) Unnecessary Noise means any excessive or unusually loud sound, or any sound, which, either annoys, disturbs, injures, endangers the comfort, repose, health, peace or safety of a person, or which causes injury to plant or animal life, or damage to property or business. SECTION 3. General Requirements and Restrictions. The following shall be the general requirements and restrictions on noise level: (a) Best Practicable Technology. The best available and practicable technology shall be used to control noise emissions. (b) Noise Level Violations. No person shall build, erect, construct, install, or implant any new source, or operate, modify, or rebuild an existing source, or any by any other means cause or undertake any activity, which would result in the emission of noise, or which will, as determined by the commission, result in ambient noise level greater than the ambient standards. Neither shall he emit or cause or suffer to be emitted noise greater in volume, intensity, or quality than the levels prescribed for allowable noise without first obtaining a Clearance from the Local Government Unit. Any person who shall do any such activity shall be liable under this Ordinance. (c) Malfunction Reporting. In the event of failure or breakdown of any emission source, noise pollution control equipment or related facility in such a manner as to cause the emission of noise level violation of this Ordinance, the person in charge of such source, equipment or facility shall notify the Local Government Unit in writing 24 hours of such failures or breakdown, indicating all pertinent facts and other relevant information including the estimated duration of breakdown, the steps taken, if any, to correct the defects, and thereafter to submit a report whether such source equipment or facility has resumed operation. SECTION 4. Prohibited Acts. The following shall constitute as prohibited acts punishable under this Ordinance. (a) Operation or Sound Reproduction Devices. No person shall operate or use or cause to operate any sound reproduction device for any of the following purposes: (1) To attract attention to any performance, show, sale, display or merchandise in connection with any commercial or business enterprise including those engaged in the sale of radios, television sets, phonographs, tape recorders, phonograph records or tapes, in front or outside of any business building, place or premises, abutting or on adjacent to a public street, park or place, or in or upon any vehicle operated, standing or being in or on any public street, park or place from any stand, platform or other structure, or from any airplane or other device used for flying, or on

boat, or the public for streets, parks or places, except the incidental sound for which a permit has been issued. (2) To make noise emanating from the sound reproduction device, while on road or ferry or any other public conveyance, audible to another person. (a) To create unnecessary noise, except when the noise is a result of the operation or use of any claxon or air horn installed in a motor vehicle to signal imminent danger, or of any steam whistle attached to any stationary boiler to give notice of the time to start and stop work or to signal imminent danger. (b) Animal Noise. No person shall permit an animal or pet, including birds, under his control to cause unnecessary noise. (c) Construction and Commercial Activities. No person shall engage in or permit any person to be engaged in construction and commercial activities where excessive noise is created, except when such activities are for the purpose of averting disasters or other emergencies, preventing danger to human life, safeguarding public safety or protecting national interest and similar incidents. Construction of building or establishment inside the resort area shall only be allowed from 8:00 A.M. up to 9:00 P.M. during the high season for tourists; otherwise they may start working any time. The use of loud noise producing devices such as planers, steel cutters, edgers, sander, chainsaw and sawmills are required to enclose their working area so as to reduce the level of noise they produce. Further they can only be allowed to operate these sets of equipment from 9:00 A.M. up to 10:00 P.M. Likewise concrete mixers, jackhammers and other heavy equipment shall only be allowed to operate from 9:00 A.M. to 9:00 P.M. Bar and disco houses, which provides loud music for their operations shall be required to operate within an enclosed area. Otherwise they shall be required to limit their sound within the context of this Ordinance.

(d) Handling Containers and Construction Materials. No person shall handle, transport or cause to handle or transport in any public place, any container or construction material in such a way as to create unnecessary noise. (e) Exhaust Noise. No person shall cause or permit the discharge into the open air of the exhaust of any steam engine diesel engine, internal combustion engine, turbine engine or similar device so as to create in excess of 90 dB measured on acceleration at 10 meters distance. (f) Noise Emission near Schools, Hospitals, Resorts or Hotels. No person shall cause or permit the creation of any unnecessary noise through the use of any device on any street adjacent to any hospital, school, resorts or hotels. SECTION 5. Ambient Noise Quality Standard. (a) Classification of General Areas. For purposes of establishing ambient noise quality standards, areas within the Island are classified as follows: Class A a section or contiguous area, which requires quietness such as areas within 100 meters from school sites, nursery schools, hospitals, resort or hotels. Class B a section of contiguous area, which is primarily used for residential purposes. Class C a section or contiguous area, which is primarily a commercial area. Class D a section primarily reserved for light industrial area. (Existing light industrial activities such as metal craft, welding shops and the likes shall be relocated to areas designated by the zone plan).

(b) The maximum allowable noise levels in general areas shall be those as indicated in Table 1. Environmental Quality Standards for Noise in General Areas: Category of Area A B C D Daytime & Evening Morning Nighttime 40 db 45 db 55 db

50 db 45 db 55 db 50 db 60 db 60 db Can only be allowed to operate at daytime only at 70 db

(1) The standards are applied to the arithmetic median of at least seven (7) readings at the point of maximum noise level.

(2) The division of the 24 hour period shall be as follows: Morning - - - - - - - - - - - - - 5:00 A.M. to 9:00 A.M. Daytime - - - - - - - - - - - - - 8:00 A.M. to 10:00 P.M. Evening - - - - - - - - - - - - - 6:00 P.M. to 10:00 P.M. Nighttime - - - - - - - - - - - - 10:00 P.M. to 5:00 P.M. SECTION 6. Measurement of Noise Level. (a) Noise level, shall be measured by a standard sound level meter, that meets the specifications of the American National Standards Institute (ANSI) S1.4-1971, or other specifications accepted by the Local Government Unit. The weighting network with A characteristic shall be used for measurement. (b) The method of measurement of noise shall be as follows: (1) The figure indicated by a sound level meter where its indicator shows no fluctuations or any small fluctuations. (2) Where the indicator of a sound level meter records periodic or intermittent fluctuations with the highest peak almost regular, the average of the highest peak for respective fluctuations is recorded. (3) Here the indicator of a sound level meter records irregular and big fluctuation, the figure on the higher end of the 90 percent range of the levels is recorded. (c) For point of fixed sources of pollution, the noise level shall be measured at the boundary line of the establishment, or at 30 meters from the boundary of a construction site. SECTION 7. Penalty. Any person found guilty of violating this Ordinance shall be fined with TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) plus confiscation of such equipment or any noise producing device or an imprisonment of not less than ten (10) days or both fine at the discretion of the Court. ENACTED. OCTOBER 10, 2001. APPROVED. DECEMBER 12, 2001. (APPROVED SP IN RESOLUTION NO. 02-092)

d)

MUNICIPAL ORDINANCE NO. 234, S. 2005, AN ORDINANCE AMENDING SECTION 5, PARAGRAPH B(2) OF MUNICIPAL ORDINANCE NO. 144, SERIES OF 2001, AN ORDINANCE DECLARING BORACAY ISLAND AS A NOISE SENSITIVE ZONE AND ADOPTING THE RULES AND REGULATIONS OF THE NATIONAL POLLUTION CONTROL COMMISSION PERTAINING TO NOISE.

SECTION 1. Rationale. Night time schedule, from 10:00 P.M. to 5:00 P.M., as provided by Section 5, Paragraph b(2) of Municipal Ordinance No. 144, series of 2001, is erroneous, hence this amendment. SECTION 2. Amendment. Section 5, Paragraph b(2) of Municipal Ordinance No. 144, series of 2001 is hereby amended to read as follows: 2) The division of the 24 hour period shall be as follows: Morning - - - Daytime - - - Evening - - - Nighttime- - - 5:00 A.M. to 9:00 A.M. 8:00 A.M. to 10:00 P.M. 6:00 P.M. to 10:00 P.M. 10:00 P.M. to 5:00 A.M.

SECTION 3. Effectivity. This Ordinance shall take effect upon its approval. ENACTED. NOVEMBER 24, 2005. APPROVED. DECEMBER 8, 2005.

e)

MUNICIPAL ORDINANCE NO. 216, s. 2004, AN ORDINANCE PROVIDING ADDITIONAL REGULATORY FEES FOR CORRESPONDING SERVICES RENDERED BY THE MUNICIPAL CIVIL REGISTRARS OFFICE.

Section 1. Rationale. New transactions with the Municipal Civil Registrar have evolved in recent hence additional services are rendered by the said office. In years thereof, this ordinance is promulgated to impose corresponding service fees thereto. SECTION 2. New Service Fees. corresponding fees: a) b) c) The following transactions shall be charged with the

d) e) f)

Legal Documentation Fee - - - - - - - - - - - - 200.00 Research Fee - - - - - - - - - - - - - - - - - - - 50.00 Special Wedding Fees 1) Beach Wedding - - - - - - - - - - - - 5,000.00 2) Wedding in Resorts - - - - - - - - - - 2,500.00 Application for Marriage for Foreigners - - 1,000.00 Affidavit Fee - - - - - - - - - - - - - - - - - - - 100.00 Penalty for Delayed registration - - - - - - - 250.00 plus 5.00 per year delay

SECTION 3. Integration with the Municipal Revenue Code. These new transactions and their corresponding fees, upon passage of this ordinance, shall form part of the Municipal Revenue Code of Malay. SECTION 4. Amendments. All ordinances, rules and regulations, or parts thereof, provisions of which are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended, or modified accordingly. SECTION 5. Effectivity. This ordinance shall take effect immediately upon its approval. ENACTED. SEPTEMBER 8, 2004. APPROVED. OCTOBER 13, 2004. APPROVED. SP RESOLUTION NO. 04-275

f)

MUNICIPAL ORDINANCE NO. 218, s. 2004, AN ORDINANCE RETAINING TEN PERCENT (10%) OF THE FIRE FUND FEE FOR THE OPERATION AND MAINTENANCE OF FIRE FIGHTING FACILITIES IN THE MUNICIPALITY OF MALAY.

SECTION 1. Rationale. The Local Government of Malay is presently subsidizing the operation and maintenance of Fire Fighting facilities of the Bureau of Fire Protection based at Boracay Island, Malay, Aklan. With the intention of securing funds to institutionalize this subsidy, the Sangguniang Bayan of Malay promulgates this piece of legislation. SECTION 2. Ten Percent (10%) Retention. Fire Fund Fee. Ten percent (10%) of the total Fire Fund Fee collected by the Local Government of Malay shall be retained by the Office of the Municipal Treasurer of Malay before remittance to the Bureau of Fire Protection be made. SECTION 3. Fund Management. The amount collected by reason of this ordinance shall be deposited in a trust fund created specifically for purpose of providing financial subsidy to the operation and maintenance of fire fighting facilities of the Bureau of Fire Protection within the territorial jurisdiction of Malay. SECTION 4. - Date of Effectivity. This Ordinance shall take effect upon its approval. ENACTED. OCTOBER 13, 2004. APPROVED. NOVEMBER 24, 2004.