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Legislative Tracking System

2012 ORDINANCE NO. 2

AN ORDINANCE REGULATING THE ADMISSION OF ELEMENTARY PUPILS AND HIGH SCHOOL STUDENTS INSIDE INTERNET CAFES, COMPUTER AND VIDEO GAME CENTERS AND OTHER SIMILAR ESTABLISHMENTS FROM 7:00 AM TO 5:00 P.M. DURIING SCHOOL DAYS AND PROVIDING PENALTY FOR VIOLATION THEREOF.


BE IT ORDAINED by the Sangguniang Bayan, of Catarman, Camiguin, in regular session assembled, the following:


Section 1

TITLE. This ordinance shall be known as “an ordinance regulating the admission of elementary pupils and high school students inside internet cafes, computer and video games and other similar establishments”.


Section 2

OBJECTIVES. It is hereby the policy of the Municipal Government of Catarman to:


2a. Monitor and ensure that all learning youths, both elementary and secondary, be on the school premises during school days and school hours;

2b. Safeguard students’ welfare by discouraging them of too much exposure of electronic games, the danger of radiation and the possible engagement of gambling at early stage:

2c. Motivate the learners to spend their time wisely for mental, spiritual, moral and social development at schools and not be influenced by the negative forces of these computer and video games;

2d. Encourage learners to be more responsible, dedicated and inculcating the importance of prioritizing their studies;

2e. Assist our parents and teachers in nurturing the whole well-being of our learners;


Section 3

DEFINITION OF TERMS. As applied in this ordinance, the following terms shall mean:


3a. Business Establishments refers to any legal establishments duly recognized by the LGU of Catarman, whose main services offered to the public is either internet, video and computer entertainment;

3b. Computer Game.  It is also known as PC game of video game played on personal computer. Computer games have evolved from the simple graphics and game play of early title like space war to a wide range of more usually advanced titles. These are distributed on physical media such as DVDs, CDs and USBs:

3c. Internet Cafe or Cyber Cafe  is a place where one can use a computer with internet access, mostly for a fee, usually per hour, sometimes one can have unmetered access with a pass for a day or month;

3d. Internet Services  refer to an electronic network built to shuttle researchers of all types of information, entertainment games and the like through websites and emails;

3e.  Video Game is a game that involves interaction with a user interface to generate visual feedback on a video device;

3f. School Days. These include Mondays to Fridays, except legal or special holidays.


Section 4

PROHIBITION. It shall be unlawful for owners, operators or persons in charge of Internet Cafes. Computer and Video Game Centers and Other Similar Establishments to allow elementary pupils and high school students inside their establishments from 7:00 AM to 5:00 PM during school days.


Section 5

EXEMPTION. Pupils and students may be allowed admission to do research, data and word encoding provided they can present a consent card duly signed by both parents/guardians and teachers or School Principal.


Section 6

DUTIES OF OWNERS, OPERATORS OR PERSONS-IN-CHARGE.  It shall be the duty of the owners, operators or persons-in-charge of interest to design and provide for free the consent card, which shall contain at least the following information, among others:


6a.  Name of Pupil or Student

6b.  Address

6c.  Name of School

6d.  Purpose of Entering the Internet Cafes or Video Game Centers

6e.  Date, time or period sanctioned by both parents/guardians and teachers or School Principal

6f.   Written name and signatures of both parents/guardians and teacher or School Principal.


It shall further be the duty of the owners, operators or persons-in-charge thereof to validate the information, and authenticate the signatures of both parents/guardians and teacher or School Principal.


Section 7

ADMINISTRATIVE PENALTIES. The owners, operators or persons-in-charge of the aforementioned establishments found violating the provisions of this ordinance shall be subjected to the following administrative penalties:


7a. FIRST OFFENSE   - P1,000.00 fine and closure of establishment for thirty (30) days

7b. SECOND OFFENSE  - P3,000.00 fine and closure of establishment for forty five (45) days

7c. THIRD OFFENSE - P5,000.00 fine and revocation of paid business permit to operate.


Section 8

SEPARABILITY CLAUSE. Should any provision of this ordinance or part thereof be declared unconstitutional or invalid, the other provisions separable from the flaws shall remain effective, and in full force.


Section 9

REPEALING CLAUSE. All ordinances, issuances, local laws, and/or executive orders, inconsistent with the provision/s of this ordinance are hereby repealed or amended accordingly.


Section 10

EFFECTIVITY. This ordinance shall take effect immediately after complying with the publication or posting requirement, pursuant to Republic Act No. 7160, otherwise known as the Local Government Code of 1991.


ORDAINED this 19th day of January 2012.


APPROVED: January 19, 2013


ATTESTED:


HON. ZOSIMO B. BORRES


APPROVED:


CLAUDIA E. MAISO

VIRGILIA D. LOPEZ

CLEMENTE E. TORRO

WILFREDO R. ABREGANA

GILBERT A. LOQUIAS, JR.

VIRGILIO L. DINOROG

RONY N. SAGOCSOC

GRACE NIEVES B. VELOSO