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ORDINANCE NO. 043-02
Series of 2002Be it ordained by the Sangguniang Panlungsod of the City of Davao, in session assembled that:
SECTION 1. TITLE. – Be it ordained that this Ordinance shall be known as, “ THE COMPREHENSIVE ANTI-SMOKING ORDINANCE OF DAVAO CITY “;
SECTION 2. COVERAGE. – It shall be unlawful for any person to smoke or allow smoking in a public utility vehicle, government-owned vehicle or any other means of public transport for passengers, accommodation and entertainment establishment, public building, public place, as defined in Section 3 (e) hereunder, enclosed public place, or in any enclosed area outside of ones private residence, private place of works, cars owned by the government or duly designated smoking areas, within the jurisdiction of Davao City;
SECTION 3. DEFINITION OF TERMS.
A.) Smoking refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or any other kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the like within the prohibited areas for smoking shall constitute a prima facie evidence as an act of smoking prohibited under this Ordinance;
B.) Public Utility Vehicle Refers to Public Utility Jeepneys (PUJs), Public Utility Buses (PUBs), taxis, tricycles and other public utility vehicles used in the transport of passengers;
C.) Accommodation & Entertainment Establishment refer to restaurants, fast foods, eateries, hotels, motels, lodges, inns, boarding houses, disco houses, videoke bars, resto bars, and movie houses, or any other place with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest, offering foods, sleeping accommodation and recreation facilities to the public for a fee;
D.) Public Building refers to any of the following:
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;
2.) Any building or structure used, or controlled exclusively for public purposes by any department or branch of government, local government unit or barangay without references to the ownership of the building.
E.) Public Place refers to gasoline stations, bank, malls, town squares, terminals, shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums, funerals parlors, barber shops, and other similar places where people usually congregate either to while away their time or to listen or attend concerts, rallies, program such as, but not limited to, Rizal Park, Freedom Park, Magsaysay Park, Osmeña Park, and the like;
F.) Designated Smoking Room refers to a delineated room inside the accommodation establishment, or public place or enclosed public place, which is totally enclosed where a person is allowed to smoke without violating this Ordinance.
Any duly designated room/ area in accommodation and entertainment establishments whether tourism accredited or not, within the territorial jurisdiction of Davao City as hereinabove defined, provided, the following conditions are met;
1.) If the accommodation and entertainment establishment is air-conditioned,
it must establish and designate a smoking room which shall not be more than ¼ of the total accommodation area of the establishment, that is air-conditioned and equipped with an exhaust fan and totally enclosed on all sides and separated from the rest of the premises where smoking is prohibited, and
2.) If the accommodation and entertainment establishment is not air-conditioned, it must establish and designate a smoking area which shall not be more than ¼ of the total accommodation area of the establishment that is fully ventilated and separated from the rest of the premises where smoking is prohibited.
G.) Enclosed Area refers to an area which is closed whether totally or partially at the sides and is roofed or make use of the flow above it as a ceiling, or even if open on all sides but is covered by a roof, permanent or temporary in nature;
H.) Enclosed Public Place refers to a room, building, structure or edifice that is constructed with a shelter or covered by a roof with panels or concrete wall, which structure is open to the public.
SECTION 4. PROHIBITED ACTS. The following acts shall be prohibited.
A.) Smoking in any of the places enumerated in Section 2 hereof, except in duly designated smoking areas;
B.) Knowingly allowing, abetting, or tolerating smoking in accommodation establishments, whether tourism accredited or not, except when smoking is done inside or within the duly designated smoking areas referred to in this Ordinance;
C.) Smoking while inside a government-owned or public utility vehicle whether moving or stationery or while solicitation of passengers is going on or while the vehicle is waiting for passengers;
SECTION 5. PERSONS LIABLE. The following persons/ individuals are deemed liable under this Ordinance:
A.) Any person smoking within the prohibited rooms, areas/ individuals are mentioned in Section 2 hereof;
A.) Any passenger, driver, conductor, or inspector of government-owned vehicles or public utility vehicles (PUVs) smoking as stated in Section 5 (c) hereof;
B.) The President or Manager incase of a company, corporation, or association or the owner/ proprietor or operator in case of single proprietorship, of accommodation and entertainment establishments, whether tourism-accredited or not, who knowingly allows, abets or tolerates and/ or fails to warn, advise or report violators of this Ordinance to any policeman or nearest station within three (3) hours of the violation;
SECTION 6. The City Health Office and City Engineer’s Office are tasked to inspect and certify the appropriateness of the designated smoking areas provided by accommodation establishments whether tourism-accredited or not, taking into consideration the purpose of the law which is to protect non-smokers from the pernicious effects of tabacco smoke;
Sixty (60) days after affectively of this Ordinance, the City Health Office in coordination with the Office of the Business Bureau shall conduct an ocular inspection of all non-accredited tourism establishments in Davao City to determine compliance with the requirements of this Ordinance.
