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Republic of the Philippines

Province of Nueva Vizcaya


Municipality of Bayombong
BARANGAY SAN ANTONIO SOUTH

PROPOSED ORDINANCE
Author
APRIL JOY CALULOT EÑEJA
CO AUTHOR: ALL SB MEMBERS

AN ORDINANCE PROHIBITING AND RESTRICTING EXCESSIVE, UNNECESSARY


AND USUALLY LOUD SOUNDS GENERATED FROM VIDEOKE/KARAOKE
SYSTEMS OR OTHER AMPLIFIED AUDIO DEVICE WITHIN THE RESIDENTIAL
AREAS AND ALONG PUBLIC STREETS IN THE BARANGAY PROVIDING PENALTY
FOR VIOLATION THEREOF AND FOR OTHER PURPOSES.
WHEREAS, Article II, Section 15 of the constitution provides that “the state shall
protect and promote the right to health of the people and instill health consciousness
among them”. It also states in section 5 that “the maintenance of peace and order, the
protection of life, liberty and property, and promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy”;
WHEREAS, noise or sound pollution refers to any exposure of people to sound
levels that are annoying, stressful or damaging to a person’s ear. It interferes with sleep
and negatively impacts certain kinds of works;
WHEREAS, Videoke/Karaoke system is one of the major source of noise in the
barangay, causes serious discomfort and created numerous complaints and public
condemnation and worse this sometimes leads to conflict and fistfight;
WHEREAS, the excessive, unnecessary or unusually loud some form
Videoke/Karaoke system beyond limits and at unacceptable levels during unholy hours
is deemed as noise pollution which is detrimental to public health, comfort and
convenience, safety and welfare;
NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED BY THE
SANGGUNIANG BARANGAY OF SAN ANTONIO SOUTH, THAT:
SECTION 1. TITLE. This ordinance shall be known as the “VIDEOKE
ORDINANCE OF SAN ANTONIO SOUTH”.
SECTION 2. REGULATED ACTS. Any persons or business establishment to
cause excessive, unnecessary or unusually loud sound from the Videoke and other
sounds from the Videoke and other sound amplifying equipment/device in the Barangay
which annoys, disturb, injures or endangers the comfort and safety of people shall be
unlawful. The use and operation of Videoke/Karaoke system and other sound amplifying
equipment/device in the barangay may only be allowed from 10:00am-10:00pm.
SECTION 3. DEFINITION OF TERMS. For purposes of this ordinance, the
following terms shall have the corresponding meaning:
a.) Videoke/Karaoke System- any audio-video equipment operated and built to
produce images and/or lyrics of a song on a television screen to afford a person
to sing along using any electronic device. Such operation may be free or for
free or thru operation by dropping tokens or coins on the machine.
b.) Sound Amplifying Equipment/Device- any machine or device that is used for
the amplification of the human voice, music or any other 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 50
feet from the source.
SECTION 4. EXEMPTIONS.
a. For barangay sponsored activities such as pageant, singing contest, battle of the
bands, fiesta and the likes are exempted.

b. Special Permits for extension of time for special occasions such as: Christmas
Party, New Year’s Celebration and Weddings including the night before said
occasion can extend from 2:00 am with proper permit from the Sangguniang
Barangay.

c. For personal occasions such as birthday, graduation celebrations and wake with
Videoke, extensions of until 12:00 midnight may be granted by securing an
extension permit from the respective 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.
SECTION 5. FACTOR TO CONSIDER.- In determining whether the sound is excessive
and disturbing, unreasonable and /or unnecessary, and therefore considered as “noise
pollution”, the following factors may be considered, to wit:
a. Time of the day;

b. Proximity to residential area, school or place of worship;

c. Whether the sound is recurrent, intermittent or constant;

d. The volume and intensity;

e. Whether the sound has been enhanced in volume or range by any type of
electronic or mechanical means; and

f. The character and zonal classification of the area were the sound emanated.

SECTION 6. ENFORCEMENT AND ABATEMENT. - One (1) hour before 10:00 in the
evening, the members of the barangay tanod on duty shall courteously approach and
remind the concerned parties to soften and lower the volume and eventually turn off the
Videoke or sound system at 10:00PM. Except for those who secured special permits from
the Sangguniang Barangay. However, that if such reminder has been obviously ignored
or taken for granted by the concerned parties for the second time, the members of the
barangay tanod shall call the police to intercede for and on behalf of the barangay.
SECTION 7. PENAL PROVISION. Any person found violating the provisions of this
Ordinance shall be penalized by a fine of:
1st Offense: Confiscation of machine and a fine of Php 500.00 or Community
Service of 1 day.
2nd Offense: Confiscation of machine and a fine of Php 1000.00 or Community
Service of 2 days.
3rd Offense: Confiscation of machine and a fine of Php 1500.00 or Community
Service of 3 days.
SECTION 8. 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 9. REPEALING CLAUSE. All ordinances, resolutions, local rules and
regulations which are inconsistent with or contrary to the provisions of this Ordinance are
hereby repealed of modified accordingly.
SECTION 10. EFFECTIVITY CLAUSE. This ordinance shall take effect immediately after
its required period of publication or posting.

ENACTED by the Sangguniang Barangay of San Antonio South, Bambang, Nueva


Vizcaya this day of , 2019.

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