REPUBLIKA NG PILIPINAS TAN GG A PAN NG SANGGUNIANG PANLUNGSOD

LUNGSOD NG BAKOLOD -0O0-

CfTY ORDINANCE NO. Ste September 14, 2011

AN ORDINANCE ESTABLISHING BIKE LANES OR BIKE-FRIENDLY ZONES ALONG BURGOS STREET CORNER CIRCUMFERENTIAL ROAD UP TO BARANGAY ALANGILAN AND BACOIOD-MURCIA ROAD, BARANGAY ALUIS, UP TO BACOLOD-MURCIA BOUNDARY, BARANGAY MANSILINGAN AND PROVIDING FUNDS THEREOF,

WHEREAS, it is the policy of the state to protect and promote the right to health of the people and instill health consciousness among them;

WHEREAS. Section 458 (5), (v) and (vi) of Republic Act 7160, otherwise known as the Local Government Code of 1991 empowers the Sangguniang Panlungsod to regulate the use of streets and regulate traffic on alt streets and other public places;

WHEREAS, biking is a good form of exercise promoted by the PHILIPPINE SOCIETY OF ENDOCRINOLOGY AND METABOLISM to prevent DIABETES and OBESITY and control HYPERTENSION and reduce the risk of HEART DISEASE;

WHEREAS, biking is also promoted as an alternative cheaper mode of transportation, emission-free and noise-free, affordable to the masses and occupies less space

WHEREAS, biking to work and school will help decongest traffic jams, save expensive fossil fuel, promotes pollution-free environment and minimize global warming;

WHEREAS, there is a need to establish bike lanes and bike-friendly zones in order to safeguard bikers from accidents and other road-related incidents;

WHEREAS, il is not feasible to establish bike lanes and bike friendly zones in all parts of Bacotod City especially the congested areas like the downtown area, Llbertad Area. Burgos Area and Lacson Street among others;

WHEREAS, bike lanes or bike-friendly zones shall be designated along Burgos Street comer Circumferential Road up to Barangay Aiangilan and Bacolod-Murcia Road, Barangay Aiijis, up to Bacolod-Murcia Boundary, Barangay Mansilingan per recommendation by the Bacolod Traffic Authority Office/Traffic Management Unit;

City Ord inance No . 556 September 14, 2011

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N O W T H E R E F O R E , be it O R D A I N E D as it is hereby O R D A I N E D by the

S a n g g u n i a n g P a n t u n g s o d In s e s s i o n a s s e m b l e d , that:

S e c t i o n 1. T i f f s . This ordinance shal l be known as " T h e B i k e L a n e s O r d i n a n c e

o f B a c o l o d C i t y . "

S e c t i o n 2. S c o p e . The application of this ordinance shal l be limited to bikes or b icyc les and the designated bike ianes/bike-friendly zones in Baco lod City falling v?ithin the definition of the tenns referred to herein, concerned Departments of the City Government and at! public and private juridical persons in the City

S e c t i o n 3. De f in i t i on o f T e t m s . For the purpose of this ordinance, the following

shal l mean.

a "Bikes/Bicycie" refers to any two whee led vehicle having a rear drive which is

^ solely human powered and having a seat height of 25 inches or greater when the

/ seat is in the lowest possib le position,

b "Bike lanes/Bike Friendly Zones " refer to the areas des ignated as lanes for

passage of bikes/bicycles.

c. "BTAO/TMir refers to the Baco lod Traffic Authority Office/Traffic Management

d. "City Engineer" refers to Baco lod City Eng i nee r s Office.

e "Cyclist/Rider" refers to the person driving bikesfoicycles.

f " D P W H " refers to the Department of Publ ic Works and H ighways .

g. "Road" refers to the entire surface of any way or street used for public

transportation and open to public traffic.

S e c t i o n 4. £sta&8st»nent of Bike Lmes/Bfhe Friemtty Z o n e s - Upon the

recommendat ion of the Baco lod Traffic Authority Office/Traffic Management Unit, the

areas along Burgos Street comer Circumferential R o ad up to Barangay Alangi lan and to

Barangay Alangi lan and Baco lod-Murc ia road. Barangay Alijis, up to Pag laum Vi l lage,

Barangay Mans i i ingan shal l be designated as bike lanes/bike-friendly zones .

Unit.

City Ordinance No. 556 September 14, 2011

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The City Engineer, in coordination with the DPWH and the Bacolod Traffic Authority Office, and after consultations with the affected barangays, shad be responsible for the establishment of the appropriate areas for bike lanes/blke-friendly zones and shall likewise established the necessary road signages and paint for the same.

Section 5. Rights, Duties and Obligations of Cyclists. - The following shall be the rights, duties and obligations of cyclists-

a. To ride on public road or street designated as a bike lanes;

b. To make the appropriate hand signals in every turn which shall be given not

less than 100 feet from turn and while stopping or waiting to turn.

c To make an audible signal before overtaking;

d To be equipped with brakes, lights, and reflector;

e To keep one hand on the handlebar at ail times;

f To wear the appropriate bike helmet at all times;

g To yield the right-of-way to all traffic on such roadway whenever entering or about to enter or to cross a roadway;

h To exercise proper precautions upon observing any child or persons with disability upon a road especially on pedestrian crossing;

i. To procure the necessary rider's permit, bike license plate and registration in accordance with existing laws and regulations;

j . To follow traffic signages and abide by all traffic rules under existing laws, which are also applicable to vehicles.

Section 6. RHMng on Bicycle Laites. Every cyclist/rider shall always take the designated bike fane or bike-friendly zones except on the following circumstances;

ft Whenever overtaking or passing another bicycle, vehicle or pedestrian within the lane or about to enter the lane if such overtaking or passing cannot be done safety within the lane.

b When preparing for a turn at an intersection or into a private road or drive-way.

City Ordinance No 556 September 14 2011

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c When reasonably necessary to leave the bicycle lane to avoid debris or hazardous conditions

Section 7. Prohibited Acts, - The following are restrictions imposed upon cyclists and the right to use a bicycle:

a No cyclistfotker shall drive under the influence of alcohol;

b No bicycle shall carry more than one rider

c. No rider shall cling to another vehicle while in the designated bikeway;

d No person shall operate a bicycle/bike at a speed greater than reasonable and prudent under the conditions then existing;

e No cyclist/hiker shall text or use a cellphone while driving

Section 8 Other Prohibited Acts. - The following shall be observed in the bikelane/bihe-friendly zones:

V No person operating a motor vehicle on such road shall drive in the bikeway except to park when parking is permitted, to enter or leave the road or prepare for a turn;

b. No person shall create obstruction along the bike lane or bike-friendly zones such as but not limited to sidewalk vending, dumping of construction materials and loading and unloading of goods except, in emergency cases:

c No person shall use the designated bike lanes/bike-friendly zones for rallies, peaceful concerted activities or other related events except, for religious processions, or activities supported with the necessary permit.

Section 9. Penalties. - Any person who violates Sections 5, 7 and 8 hereo shall be subject to the following penalties:

a First Offense A fine of Three Hundred Pesos (P300.00),

b Second Offense - A ftne of Five Hundred Pesos (P 500 00)

c Third Offense - A ftne of One Thousand Pesos (P 1,000.00) without prejudice to the revocation of rider's permit/bike license plate for one year in case of bikes

City Ordinance No. 556 September 14 2011

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The abovementioneri penalties shall be applicable notwithstanding the application of the New Civil Code and the Revised Penal Code on the damage or injury committed to persons or property and the existing national and local traffic rules and regulations already implemented.

Section 10, Enforcement. - The BTAO/TMU shall be responsible for the strict raptementatjon ot this ordinance. Traffic police and deputized traffic enforcers shall maintain order in the bike lanes and bike-friendfy zones and shall apprehend persons violating this ordinance and shall cite the corresponding violation in the biker's riding permit.

In case of bicycles/bikes which poses danger to the public, a police office or any deputized traffic enforcer, may stop, inspect and test a bicycle believe to be unsafe, have Improper equipment or acting in prejudice to the public

Section H. Public information and Awareness. - The City Engineers Office, in coordination with the DPWH and the BTAO/TMU, shall post the appropriate and relevant signages and road paintings along the bike lanes/bike-friendly zones. Such signages shall be posted in relevant portions of the public road designated as bike lanes/bike-friendly zones indicating the city ordinance number and the title thereof

Section 12. Source of Funds. The funding for the establishment of bike lanes/bike friendly zones shall be allocated one percent (1%) from the Annual Investment Plan

Section 13 SeiiarabMty Clause If any part of this Ordinance is declared not valid unconstitutional or unlawful such declaration shall not affect or impair the remaining provisions sections or parts thereof, which shall remain or continue to be in full force and effect

Section 13 Regaling Clause. AH previous ordinances inconsistent with this Ordinance shall be deemed repealed or modified accordingly.

SecHon 14 Effectivity This Ordinance shall take effect fifteen days (15) after "its publication in a local newspaper of general circulation.

1^

City Ordinance No 556 September 14 2011

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CARRIED BY THE VOTE OF Affirmative

Councilors .

Negative

Absent

Official Leave

Main Author

Co-Authors

Passed

Comments.

Homer Q. Bais, Archie S. Baribar ; Roberto M. Rojas, Catatino T Altsbo, Em L Ang, Sonya M. Verdeflor, Caesar Z Distrito Mona Dia G. Jar din.

N o n e

N o n e

Councilor Carlos Jose V Lopez

Councilor Em L. Ang.

Councilors Roberto M. Rojas and Al Victor A, Espino.

September 14, 2011 (63 r d Regular Session)

P a s s e d Councilors El Cid M. Familiaran, Dindo C. Ramos Elmer T Sy, Al Victor A Espino and Keith Emmanuel L Ramos were not around when this ordinance was passed.

ATTFSTFD'

ATTY MILQT. ACEJANDR1HQ Secretary to the Sanggunian

EVELIO R. LEONARDO City Mayor

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