Councilor Mikel Rama authored a proposed ordinance to formally designate streets in the Carbon Public Market area in Cebu City as the Ambulant Vendors and Mountain Products Landing and Night Market.
The measure seeks to regulate trading, improve order and sanitation, and exempt the site from road-clearing operations under Republic Act 7160, allowing daily trading from 5:30 p.m. to 6 a.m.
The ordinance establishes vendor priorities, space limits, waste segregation rules, enforcement duties, and escalating penalties ranging from written warnings to permanent disqualification for violations.
A PROPOSED ordinance seeks to formally designate several streets within the Carbon Public Market area in Cebu City as the Ambulant Vendors and Mountain Products Landing and Night Market.
Authored by Councilor Mikel Rama, the measure seeks to regulate a decades-old trading practice to improve order, sanitation, traffic management and public safety. It cites Republic Act (RA) 7160, or the Local Government Code of 1991, as its legal basis.
According to the proposal, portions of the market area have served for more than 50 years as temporary landing and vending areas for fresh fruits, vegetables and other agricultural products delivered from upland farming communities in Cebu and neighboring localities.
The measure says the night market has provided consumers with affordable produce while generating livelihoods for farmers, traders, vendors and transport operators. It also cites a Department of the Interior and Local Government policy recognizing vending sites established through an ordinance under Section 21(d) of RA 7160 as exempt from road-clearing operations.
The proposal aims to set up a regulated night market
The City Government declares it a policy to promote the efficient distribution and marketing of locally produced agricultural commodities while preserving Carbon Public Market’s role as one of the city’s major agricultural trading centers.
If approved, the ordinance will formally establish designated portions of the market area as temporary landing, wholesale and retail trading sites for agricultural commodities.
Trading will be allowed daily from 5:30 p.m. to 6 a.m. Selling outside those hours will be prohibited unless authorized by the council through a resolution.
The proposed ordinance covers portions of Manalili, Plaridel, Lincoln, Progreso, F. Gonzales, M.C. Briones, F. Calderon and M.L. Quezon Streets, along with other streets identified under the City’s Market Code.
The mayor may increase, reduce, suspend or modify the designated trading areas upon the recommendation of the Market Operations Division (MOD), Cebu City Transportation Office (CCTO), City Planning and Development Office and Cebu City Disaster Risk Reduction and Management Office, subject to council approval.
Accreditation, rules for vendors
Priority for vending spaces will be given to farmers, farmers’ cooperatives, accredited agricultural producers, wholesalers and existing legitimate vendors.
Qualified vendors must register with the Cebu City Vendors Registration and Welfare Council. Each vendor may occupy only one space measuring no more than two meters by two meters.
The proposed ordinance prohibits transferring or subleasing vending privileges, constructing permanent or semi-permanent structures, selling outside assigned spaces, leaving garbage after operations, selling prohibited or hazardous goods and obstructing fire exits, sidewalks, drainage canals, loading zones, emergency lanes or traffic.
Vendors must also segregate waste, provide waste receptacles, comply with food safety and sanitation regulations and clean their assigned spaces before leaving.
Enforcement duties
The Department of Public Services and the Cebu City Environment and Natural Resources Office will conduct inspections, while the CCTO, Cebu City Police Office and Bureau of Fire Protection will oversee traffic management, pedestrian safety and emergency access.
Operations may be suspended during emergencies, disasters, road repairs, public works or official government activities.
The MOD will supervise implementation and coordinate with vendor associations, barangays and other concerned offices.
The council may impose regulatory fees through a separate revenue ordinance upon the recommendation of the City Treasurer’s Office and the MOD.
Sanctions for violations
The proposed ordinance provides escalating penalties for violations. A first offense carries a written warning, a second offense may result in suspension of vending privileges for up to 30 days and a third offense may lead to cancellation of accreditation and permanent disqualification.
It also authorizes the City Government to remove unauthorized structures and other obstructions at the owner’s expense. If enacted, the MOD will have 30 days to draft the implementing rules and regulations. / CAV