MUNICIPAL ORDINANCE NO. 2017-03

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2014-04, ENTITLED: “AN ORDINANCE REGULATING THE FLOW OF TRAFFIC IN THE MAIN THOROUGHFARES AFFECTED BY THE MARKET DAY OPERATION OF THE MUNICIPALITY OF LUPON, AND FOR OTHER PURPOSES.”

BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled that:

SECTION 1. Legal Basis.

Section 21 (d) of RA 7160, otherwise known as the Local Government Code of 1991 provides that: “Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close or regulate the use of any local street, road, thoroughfare, or any other public places where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.”

SECTION 2. Purpose. It is the purpose of this ordinance to effect the amended route during market days, especially taking into consideration the ongoing rehabilitation of the portion of the public market adjacent to the Overland Transport Terminal of this local unit.

SECTION 3. Section 5 of Municipal Ordinance No. 2014-04 shall be amended to read as follows:

SECTION 5. Routes. For smooth flow of traffic during market days, the following entry and exit points of vehicle shall be strictly observed therein:

Entering Aguinaldo Street → Comarra Street → Market Avenue → Rizal Street → exiting Aguinaldo Street;
Entering Aguinaldo Street → Comarra Street → Market Avenue → Public Market Access Road → Municipal Avenue (Botica Liza) → Rizal Street → exiting Aguinaldo Street;
Entering Aguinaldo Street → Comarra Street → Market Avenue → Public Market Access Road → Municipal Avenue (Mercury Drug) → exiting Aguinaldo Street;
Entering Aguinaldo Street → Municipal Avenue → Tuballa Street → Market Avenue → Comarra Street → exiting Aguinaldo Street; and
Entering Aguinaldo Street → Municipal Avenue → Public Market Access Road → Market Avenue → Rizal Street → exiting Aguinaldo Street.
The following streets shall be declared one-way:

Rizal Street from corner Market Avenue to Aguinaldo Street);
Tuballa Street; and
Market Avenue (from corner Tuballa Street going to Rizal Street).
Exhibit A is hereby attached to this ordinance and shall form part hereof for reference.

SECTION 4. Sunset Clause – The implementation of the amended route in Section 3 of this ordinance during market days shall be lifted after the rehabilitation of the portion of the public market adjacent to the Overland Transport Terminal shall have been completed. Consequently, the route provided in Section 5 of Municipal Ordinance No. 2014-04 shall be restored to be duly implemented.

SECTION 5. Repealing Clause – Any ordinance, resolution or order inconsistent with any of the provisions of this Ordinance are hereby amended, repealed or modified accordingly.

SECTION 6. Separability Clause – If for any reason or reasons any portion or provision of this Ordinance is declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 7. Effectivity. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 20th day of February 2017.

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