REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-8004 41'h SANGGUNIANG PANLUNGSOD 382 SESSION Regular Session No. 43 EXCERPT FROM THE MINUTES OF THE REGULAR SESSION HELD BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF CEBU IN ITS _— SESSION HALL ON JUNE 23, 2010. PRESENT: Hon. Michael L. Rama ...» Presiding Officer Hon, Nestor D. Archival Sr Majority Floor Leader Hon. Arsenio C. Paoaha 1 Asst. Majority Floor Leader Hon. Gerardo A. Carillo 24 Asst, Majority Floor Leader Hon. Rodrigo A. Abelianosa - .. Member Hon. Raul D. Alcoseba Member Hon. Roberto A. Cabarrubias - Member Hon. Jose C. Daluz II! Member Hon. Eugenio F. Faelnar Member Hon. Edwin R. Jagmoc Sr Member Hon. Sylvan B. Jakosalem Member Hon. Lea 0. Japson Member Hon. Edgardo C. Labella Member Hon. Richard Z. Osmefia - Member Hon, Augustus G. Pe Jr Member Hon. Rengelle N. Pelayo Member Hon. Eduardo R. Rama dr Member ABSENT: Hon. Christopher I. Alix Momber (On Leave) ---000--- RESOLUTION NO. "10-2841 The Sangguniang Panlungsod of the City of Cebu, on motion of Member Archival Sr., seconded by Member Jakosalem, RESOLVED, to approve the following ordinance: ORDINANCE NO. 2241 THE COMPREHENSIVE ANTI-SMOKING ORDINANCE OF THE CITY OF CEBU, THEREBY CONSOLIDATING CITY ORDINANCE 990, ENTITLED: “AN ORDINANCE PROHIBITING THE SMOKING OF CIGARETTES, CIGAR, PIPE OR TOBACCO INSIDE PUBLIC UTILITY VEHICLES IN THE CITY OF CEBU,” CITY ORDINANCE 2128, AS AMENDED, ENTITLED: “AN ORDINANCE PROHIBITING THE SMOKING OF CIGARETTES, CIGAR, PIPE OR TOBACCO INSIDE A PUBLIC UTILITY VEHICLE IN THE CITY OF CEBU” AND, CITY ORDINANCE 1895, ENTITLED: “AN ORDINANCE REGULATING CIGARETTE, CIGAR AND PIPE SMOKING WITHIN THE CONFINES OF PRIVATE OR PUBLIC PLACES OR ESTABLISHMENTS IN THE CITY CEBU.” WHEREAS, it is a dire reality that risks to health have been attached to smoking, which has been linked to cancer and heart attacks, moreover, scientific studies have shown that second hand smoke poses great danger to non-smokers and causes the same ill effects as direct smokers;REPUBLIKA NG PILIPINAS. LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. '10-2811 Qrd. No. 2241 dated June 23, 2010, contd.) ri = page 2 - WHEREAS, because of the ill effects of smoking, the government enacted R.A. 9214 otherwise known as the Tobacco Regulation Act of 2003 and R.A. 8749 or the Philippine Clean Air Act of 1999 and in relation thereto, the City of Cebu has enacted anti-smoking ordinances; WHEREAS, it has been noted that despite the enactment of laws and the City's efforts to enforce and penalize the act of smoking cigarette/cigar/pipe or tobacco inside public utility vehicles and within the confines of private and public places or establishments, it has been observed and reported that smoking is still prevalent and unrestrained inside public and government-owned utility vehicles, government offices and other places thus compromising the health and safety of the public specially the pregnant women and children whose immune systems are less resistant; WHEREAS, the State recognizes the need for a balanced policy that takes into account the need for both a healthful environment and the protection of the citizens from the hazards of tobacco smoke and, at the same time, to ensure that the interest of tobacco farmers, growers, workers and other stakeholders are not adversely compromised as enacted in R.A. 9211; WHEREAS, Section 39 of RA 9211 explicitly provides that ‘all ordinances which are inconsistent with the TRA are repealed or amended accordingly” and Title Vi, Rule Il, Section 2 of the IRR provides that city and municipal mayors, building officials and the police have the responsibility of ensuring full compliance within its tenets; WHEREAS, to fully protect the public health and welfare vis-a-vis the interest of other stakeholders, there is a need to pass a local ordinance which will regulate smoking in public places and conveyances in accordance with existing laws; WHEREAS, the City of Cebu recognizes that local governments must act with urgency to regulate the culture of smoking and cigarette consumption through comprehensive and proven effective smoking control measures; NOW, THEREFORE, in view of the foregoing premises, the Sangguniang Panlungsod of the City of Cebu, in a regular session assembled, hereby ordains that SECTION 1. TITLE. This ordinance shall be known as the ‘The Comprehensive Anti-Smoking Ordinance of the City of Cebu.” SECTION 2. POLICY. It is hereby declared the policy of the City Government of Cebu to protect the populace from hazardous products and promote the right to health and instill health consciousness among them. It is also the policy of the CityREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. '10-2811 Ord. No. 2241 dated June 23, 2010, contd.) / ~ page 3 - Government of Cebu, consistent with the Constitutional ideal to promote the general welfare, to safeguard the interest of workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute a balanced policy whereby the use, sale, and advertisements of tobacco products shall be regulated in order to promote a healthful environment and protect citizens from the hazards of tobacco smoke, and at the same time ensure that the interest of tobacco farmers, Growers, workers and stakeholders are not adversely compromised. SECTION 3. COVERAGE. This ordinance shall apply to all persons, whether resident or not, and in all places situated within the territorial jurisdiction of the City of Cebu. SECTION 4. DEFINITION OF TERMS. For purposes of this ordinance the following terms shall be understood as follows: 4.1 Cigarette - refers to any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary condition of use; 4.2 Enclosed or partially enclosed - refers to an area that is physically separated from adjacent areas by walls or partitions and a roof or ceiling. The walls or partitions must be continuous, interrupted only by doors and windows. The mere presence of a roof or ceiling over the structure, but without walls or partitions surrounding said structure does not constitute an enclosed area; 4.3. Designated Smoking Room - refers to an area which may be designated by an establishment upon approval of the building off that meets the following requirements: 4.3.1 It is not located in or within ten (10) meters from entrances, exits, or any place where people pass or congregate; 4.3.2. The designated smoking area has the following signage highly visible and prominently displayed: 4.3.21 “Smoking Area’ Signage 43.22 — Health Warning 4.4 Government owned Vehicle- refers to any type of vehicles which are owned and registered under any of the instrumentality, branch or department of the government; Minor - refers to any person below eighteen (18) years old; Persons-in-Charge - refers to the president/general manager in case of a company, corporation or association, the owner/proprietorioperator in case of single proprietorship, or the administrator in case of government property, office or building; in case of public conveyances, the owner, driver, operator, conductor, or the captain of the public conveyance; aAREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. '10-2811 Ord. No. 2241 dated June 23, 2010, contd.) - page 4- 4,7 Private Office/Building — refers to a privately owned, supervised and enclosed office/building or venue, where people congregate to transact business except family houses; 4.8 Public Conveyance - refers to modes of transportation servicing the general population, such as but not limited to elevators, airplanes, ships, public utility jeepneys (PUJs), public utility buses (PUBS), taxis, V-hires, tricycles, and other public utility vehicles used in the transport of passengers whether moving or stationary or while soliciting passengers; 4.9 Public Building - refers to any of the following: 4.9.1 A building structure owned by the government or owned by a private person but used, rented or occupied by the government or any of its instrumentalities; 4.9.2 Any building or structure used, or controlled exclusively for public purposes by any department or branch of the government, local government unit or barangay without reference to the ownership of the building; 4.9.3 A building or structure used as government offices which includes the confines of public/government offices such as the city hall, and the offices thereat, other national government offices (DTI, BoC, LTO, DOH, DECS, etc.), the Legislative Building and all its offices, Barangay Halls, Police and Fire Stations, Offices of Government Owned and Controlled Corporations; 4.10 Public Places- refers to enclosed or confined areas of all hospitals, medical clinics, schools, public transportation terminals and offices, and buildings such as but not limited to private and public offices, recreational places, shopping mails, movie houses, hotels, restaurant 4.11 Smoking- refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or any other kind, form or type; 4.12 Second hand smoke- means the smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker; 4.13 Tobacco- refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products; 4.14 Tobacco Produsts- refers to any product that consists of loose tobacco, that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended for smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act Pertaining to cigarettes shall apply to other tobacco products;aS REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. ‘10-2811 Ord. No. 2241 dated June 23, 2010, contd.) a - page 5 - 4.15 Workplace- means any place used by people during their employment ‘or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work such as but not limited to corridors, elevators, stairwells, toilets, lobbies, lounges. Vehicles used in the course of work are considered workplaces; 4.16 Warning- refers to the notice printed on the tobacco product or its container andior displayed in print or alert in broadcast or electronic media including outdoor advertising and which shall bear information on the hazard of tobacco use. SECTION 5. SMOKING BAN IN PUBLIC PLACES- Smoking shall be absolutely prohibited in the following places: 5.1 Educational and learning centers such as school campuses andlor confines of the academic centers, universities, vocational schools, conference and convention halls of schools, study centers, libraries, museums and/or classrooms specially where children are plenty; 5.2 Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, youth hostels and recreational facilities for persons under eighteen (18) years old; 5.3 Location in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas explosives or combustible materials; 5.4 Public conveyances and public facilities including airports and ship terminals, trains and bus stations, restaurants and conference halls, except for separate smoking areas; smoking ban shall not apply to inter-island vessels where smoking areas have been designated; 5.5 Within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories; and 5.6 Food preparation areas. SECTION 6. DESIGNATED SMOKING AND NON-SMOKING AREAS: In all enclosed places that are open to the general public, public and private workplaces, and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the persons-in-charge shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space, or separate area with proper ventilation, but shall not be located within the same room that has been designated as non-smoking area,REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. '10-2811 Ord. No. 2241 dated June 23, 2010, contd.) ~ page 6- All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the information and guidance of all concerned. In addition, the sign or notice shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-smoking areas shall likewise have at least one (1) legible and visible sign, namely “NON-SMOKING AREA or NO SMOKING” The signages for smoking and non-smoking areas shall be in accordance with the following specifications: 1. Overall size of sign 297 x 210 mm 6.2 Font and size for Arial Black, 122 *NO SMOKING AREA or “NO SMOKING AREA" 6.3 Font and size for Arial Black, 48 “GOVERNMENT WARNING” In addition, the language for the sign or notice posted shall include a warning in English and Cebuano dialect and include the health effects of direct or secondhand exposure to tobacco smoke. Said warning may be any of the following: GOVERNMENT WARNING: CIGARETTE SMOKING IS DANGEROUS TO YOUR HEALTH. (PAHIMANGNO SA GOBERNO: ANG PAGSIGARILYO MAKADAUT SA IMONG PANGLAWAS.) GOVERNMENT WARNING: CIGARETTES ARE ADDICTIVE. (PAHIMANGNO SA GOBERNO: ANG ASO SA SIGARILYO MAKA ADIK.) GOVERNMENT WARNING: TOBACCO SMOKE CAN HARM YOUR CHILDREN. (PAHIMANGNO SA GOBERNO: ANG ASO SA SIGARILYO MAKADAUT SA MGA BATA.) GOVERNMENT WARNING: SMOKING KILLS. (PAHIMANGNO SA GOBERNO: ANG PAGPANIGARILYO MAKAPATAY.) Under no circumstances shall any mark, device, word, or image associated with any tobacco company or product be included in any of these signs and materials. SECTION 7. RESPONSIBILITIES OF PERSONS-IN-CHARGE. Persons-in- charge as defined under Section 4.6 hereof, including its tenants in any of the places enumerated in Section 5 of the ordinance is hereby required to’ 7.1 Prominently post and display a “NO SMOKING" signage in the location most visible to the public including vehicles. Likewise, copies of the ordinance shall be posted in conspicuous places within the area, premises and units;REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. '10-2811 Ord. No. 2241 dated June 23, 2010, contd.) p Op. = page 7- 7.2 Remove from the places where smoking is prohibited all ashtrays and any other receptacles for dispensing of cigarette refuse; 7.3 For schools, public playgrounds or other facilities frequented by minors, post the following statement in a clear and conspicuous manner: “SELLING OF CIGARETTES OR OTHER TOBACCO PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM PERIMETER.” 7.4 Have the duty to inform or make known to its employees and clients that smoking is not allowed except only in the designated smoking areas; otherwise he will be held solidarily liable for the violation of the ordinance committed by the employee or clients. Employees of the establishments are also encouraged to inform co-employees and clients of such prohibition; 7.5 Caution his driveripassengers as the case may be including his “konduktor” that smoking is prohibited while in the confines of the vehicle, whether moving or stationary or while solicitation of passengers is going on or while the vehicle is waiting for passengers, otherwise he will be held solidarily liable for the violation of the ordinance committed by his driverlpassengers or “konduktor/s” as the case may be. Co- passengers are also encouraged to advise other passengers who insist on smoking inside the public utility vehicle that smoking is prohibited. Section 8. PRESUMPTION OF SMOKING. Possession of any lighted cigarette, cigar, tobacco and the likes within the prohibited areas for smoking in any of the places enumerated in Section 5 hereof or while inside public utility vehicles or government-owned vehicles shall constitute a prima facie evidence as an act of smoking as prohibited under the ordinance. Persons-in-charge including its tenants or drivers are also presumed to have violated Section 7 of the ordinance, should there be employees, clients and drivers/passengers as the case may be who are caught smoking within the prohibited areas/places or while inside public conveyances or government owned vehicles. Should the persons-in-charge including its tenants of the places enumerated in Section 5 hereof do not designate a smoking area it shall be presumed that such place is entirely “Smoke Free” and a legible and visible sign of "NO SMOKING ESTABLISHMENT” shall be posted in conspicuous places.REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. ‘10-2811 Ord. No. 2241 dated June 23, 2010, contd.) fh = page 8- Section 9. SMOKING AREA SPECIFICATIONS. Any of the establishments enumerated in Section 5 of the ordinance which opts to designate a room/area for smoking shall meet the following conditions: 9.1 The designated smoking area other than in an open space shall be completely enclosed and/or physically separated from the rest of the premises and equipped with adequate ventilation in conformity with the Provisions of PD 1096, the National Building Code and the Philippine Society of Mechanical Engineers Code. 9.2 Physical separation of the designated smoking area other than in an open space shall be effected through any of the following means: 9.2.1 The designated smoking area must be fully separated from smoke- free area by continuous floor-to-ceiling or floor-to-floor solid partitions which are interrupted only by doors equipped with door closers, and which must be constantly closed except when a person is entering or exiting the area; or 9.2.2 The designated smoking area must be set apart, enclosed or confined by means other than those described in Section 9.2.1, Provided, that said means enable compliance to air quality standards set forth in the National Building Code and the Philippine Society of Mechanical Engineers Code. 9.3 If the designated smoking area is in an open space it must not be located within ten (10) meters from entrances, exits of any malls and commercial establishments; 9.4 The designated smoking area has the following signage highly visible and prominently displayed “Smoking Area” Signage Health Warning In cases of establishments which do not opt to designate a smoking area but fail to put a legible and visible sign of ‘NO SMOKING ESTABLISHMENT” as required under Section 6 hereof, the person-in- charge shall be understood to have violated the ordinance; 9.8 Should the persons-in-charge do not opt to declare the establishment as “Smoke Free", designation of Smoking Area shall be incorporated in the over all plan or building plan of the newly constructed buildings or establishments whether privately or government own. Failure to incorporate a smoking area shall cause the denial of the building permit. 9.9 Existing buildings and establishmentsshall have ninety (90) days upon approval of the ordinance to comply.REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. '10-2811 Ord. No. 2241 dated June 23, 2010, contd.) f- V SECTION 10. IMPLEMENTATION AND ENFORCEMENT OF THE ORDINANCE. It shall be the responsibility of the Cebu City Environment and Natural Resources Office to enforce and implement the provisions of the ordinance. Further, it shall also be the responsibility of the persons-in-charge, including its tenants of such places, and the drivers and/or duly authorized designated and /or deputized personnel of the places enumerated in Section 5 hereof to implement and enforce the ordinance. - page 9 - Furthermore, it shall be ordained that the persons-in-charge and its tenants or duly authorized representative of the places enumerated in Section 5 hereof be duly deputized by the Local Government of Cebu through the City Mayor or his duly authorized representative specifically in the issuance of citation tickets and apprehension of violators. Finally, to ensure compliance of the provisions of the ordinance the City Health Department, City Treasurer's Office, City Engineer's Office and OBO are tasked to inspect and certify the appropriateness of the designated smoking areas provided by the establishments, taking into consideration the purpose of the law which is to protect non-smokers from the pernicious effects of tobacco smoke. SECTION 11. PROHIBITED ACTS. The following acts shall be considered prohibited under the ordinance: 11.1. Possession of any lighted cigarette, cigar, tobacco and the likes while in the places enumerated in Section 5 hereof except in duly designated smoking areas, or while inside a government-owned or public utility vehicle, whether moving or stationary or while solicitation of passengers is going on or while the vehicle is waiting for passengers; 11.2. Failure or omission of the persons-in-charge to post notices or warn mployees, clients, drivers/passengers as the case may be or ‘Eonduktors’as required under Section 7 hereof; 11.3 Smoking in any of the places enumerated in Section 5 hereof, except in duly designated smoking areas; 11.4 Knowingly allowing, abetting, or tolerating smoking in any of the places enumerated in Section 5 hereof, except in duly designated smoking areas; 11.5 Smoking while inside government-owned or public conveyances, whether moving or stationary or while solicitation of passengers is going on or while the vehicle is waiting for passengers; 11.6 Knowingly allowing, abetting, or tolerating smoking inside a government-owned or public utility vehicle, whether moving or Stationary or while solicitation of passengers is going on or while the vehicle is waiting for passengers;REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. ‘10-2811 Ord. No. 2241 dated June 23, 2010, contd.) aaa - page 10 - 11.7 Selling or distributing cigarette or other tobacco products in schools, public playgrounds or other facilities frequented by minors, or within 100 meters from any point in the perimeter; 11.8 Failure to remove from the places where smoking is prohibited all ashtrays and any other receptacles for dispensing of cigarette refuse; and 11.9 Failure to post a legible and visible sign of ‘NO SMOKING ESTABLISHMENT", for establishments which opt not to designate a smoking area. SECTION 12. PERSONS LIABLE. The following person/s individuals are deemed liable under the ordinance: 12.1 Any person who is caught in his possession lighted cigarette, cigar, tobacco and the likes while in the places enumerated in Section 5 hereof except in duly designated smoking areas, or while inside a government-owned or public utility vehicle as defined under Section 4 hereof, whether moving or stationary or while solicitation of passengers is going on or while the vehicle is waiting for passengers; 12.2 Any person smoking within the prohibited rooms, areas/places as enumerated under Section 5 hereof; 12.3 The persons-in-charge of any of the places enumerated in Section 5 hereof, who knowingly allow, abet or tolerate and/or fail to warn, advise or report violators of the ordinance to the Office of the Cebu City Environment and Natural Resources Office or the Office of the Cebu Sanitation and Enforcement Team (CESET); 12.4 The tenants of the establishments in their respective lease areas; 12.5 Any passenger, driver, “konduktor" or inspector of government-owned vehicles or public utility vehicles who are caught violating Sections 11.5 and 11.6 hereof. SECTION 13. PENALTY. Any violation of the ordinance, as determined by the duly authorized officer, shall be penalized in the following manner: 13.1 For violation/s committed under Section 11 of the ordinances, paragraphs 11.1, 11.3, 11.4, 11.5, 11.6 11.7 and 11.8, shall be subject to the following penalties: 13.1.1 First Time Offender - a Fine of P2,000.00; 13.1.4 Second Time Offender — a Fine of P3,000.00; and 13.1 ili Third Time Offender ~ a fine of P4,000.00 or an imprisonment of not less six (6) months or both such fine and imprisonment, at the discretion of a court of competent jurisdiction.REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 284-9004 - Se (Res. No. '10-2811 Ord. No. 2241 dated June 23, 2010, contd.) / £ - page 11 - v A citation ticket shall be issued immediately by the apprehending officer/s to said violator/s, Provided, that if the violator is a first time offender, within seven (7) days he/she may opt not to be criminally prosecuted in court and he/she agrees to pay the compromise penalty or administrative fine of P1,500.00 payable to the City Treasurer's Office or his duly authorized representative. Provided, further, should a complaint be already filed and docketed in court and the corresponding legal fees and other incidental expenses have been incurred and/or paid but judgment thereto has not yet been rendered, the violator (s) may opt to avail the compromise penalty in the amount of P2,000.00. 13.2 For violation committed under Section 10 of the ordinance, paragraphs 11.2 and 11.9 hereof, the Persons-in-charge shall be penalized in the following manner 13.2.1 Failure to post a legible and visible sign of “SMOKE FREE ESTABLISHMENT" or post notice as required under Section 6 hereof for the first time shall be subject to a fine of P3,000.00 and a citation ticket shall be issued by the apprehending officer giving a fifteen days’ period to comply; 13.2.2 Upon the expiration of the fifteen (15) days’ period, the apprehending officers shall conduct a follow up inspection to check if violations committed have been complied with. Failure to comply for the second time shall be subject to a fine of 4,000.00; a second citation ticket shall be issued by the apprehending officer giving another fifteen (15) days’ extension period from the date of second inspection to comply. 13.2.3 After the expiration of the second notice of extension, a follow up inspection shall be conducted by the apprehending officers; if these violations are not complied with, a fine of P5,000.00 shall be imposed and a suspension of business license. Such suspension of business license may be lifted until compliance of such violations. Aside from the penalty imposed, the violator shall be obliged to render community service for eight hours. SECTION 14. SMOKING CESSATION PROGRAM. The Cebu City Environment and Natural Resources Office or in the absence thereof the Office of the Cebu Environment and Sanitation Enforcement Team with the assistance of the City Health Office shall develop and promote a smoking cessation program and encourage the Participation therein of public and private facilities which may be able to provide for its requirements. Smokers who are willing to quit and/or those found violating this ordinance may be referred to the Smoking Cessation Program and its facilities.REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 254-9004 (Res. No. '10-2811 Ord. No. 2241 dated June 23, 2010, contd.) - page 12- SECTION 15. INFORMATION EDUCATION CAMPAIGN. Within sixty (60) calendar days of the effectivity of the ordinance, the Cebu City Environment Office or in the absence thereof the Office of the Cebu Environment and Sanitation Enforcement Team (CESET) in coordination with the City Health Office shall: 15.1 Provide copies of the ordinance to every agency, office and establishment; 15.2 Provide a primer on the ordinance and conduct lectures on the salient features of the ordinance; and 15.3 In coordination with the CITOM Office, give a copy of the ordinance and its primer to all public utility vehicle operators in the City of Cebu; SECTION 16. SEPARABILITY CLAUSE. Should any part or parts of this Ordinance be declared invalid or unconstitutional, the other parts not so declared shall remain in force and effect. SECTION 17. REPEALING CLAUSE. All city ordinances, local executive orders, circulars and/or other issuances including but not limited to City Ordinances 1895, 2128 and 990 which are inconsistent herewith are repealed or modified accordingly. SECTION 18. EFFECTIVITY. This ordinance shall take effect fifteen (15) days following its posting in two (2) public places and circulation/publication in a newspaper of local circulation. CARRIED UNANIMOUSLY. ~000-- | hereby certify to the correctness of the aforequoted resolutioniordinance. ATTESTED: a MICHAEL L. RAMA Presiding Officer 7A. APPROVED: a / Annee. SAMA TOMASI. GSMENA City Mayor Joke em 208