Sunday, March 02, 2008 Comprehensive anti-smoking ordinance ready By Ernie Olson Jr.
MANY Baguio residents and visitors are looking forward to the forthcoming implementation of the city's Comprehensive Anti-Smoking Ordinance, after Baguio City Mayor Reinaldo Bautista Jr. recently approved it.
The ordinance, before Bautista's approval, was passed on third and final reading by the City Council last Monday afternoon.
According to this ordinance proposed earlier by councilors Erdolfo Balajadia and Antonio Tabora Jr., covered by the smoking prohibition are public utility vehicles (PUVs), public buildings, public places such as parks, malls, gasoline stations, banks, shopping arcades, schools, churches, hospitals, cinema houses, gymnasiums, funeral parlors, barber shops, accommodation and entertainment establishments and "other similar places where people usually congregate either to while away their time or to listen or attend concerts, rallies (and other) programs."
Balajadia explained that in accordance to provisions of the newly passed ordinance, if an accommodation or entertainment establishment is air-conditioned, its owner or operator should provide and designate a smoking room or area, which will not be more than one-fourth of the total air-conditioned area. This will be equipped with an exhaust fan and totally enclosed on all sides, and separated from the rest of the premises where smoking is prohibited.
If the accommodation or entertainment establishment is not air-conditioned, however, its owner or operator must provide a smoking room or area, which will also be not more than one-fourth of the total area. It must also be well ventilated and separated from the rest of the premises where smoking is prohibited.
Balajadia said persons to be held liable are those who will be caught smoking in any of the prohibited places enumerated in the ordinance, and those who will knowingly allow, abet or tolerate smoking in accommodation establishments, whether tourism-accredited or not, except when smoking is done inside or within the duly-designated smoking areas.
"Smoking while inside a government-owned or PUV, whether moving or stationary, or while solicitation of passengers is going on, or while waiting for passengers (will also be prohibited)," he explained.
Violators of the city's Comprehensive Anti-Smoking Ordinances, after apprehension, will be penalized with a fine ranging from P500 to P2,000, or imprisonment ranging from one to six months, or both, at the discretion of the court.
However, in cases of establishment owners or operators who do not opt to declare their establishments as totally free from smoking, but fails to provide the appropriate designated smoking area as certified by the City Health Services Office and the City Engineers Office within the 60-day period specified in the ordinance, their business permits may be revoked.
In cases where there is a failure to warn or advise would-be violators, or when smoking is allowed, abetted or tolerated in establishments in violation of this ordinance, the penalty will be imposed on the president or manager in cases of corporations, partnerships or associations; or the owner, proprietor or operator in cases of single proprietorship; whether these establishments are tourism-oriented or not.
