Tindak Sugbo Shared Priority Bike Lanes Ordinance

PROPOSED RESOLUTION
RESOLUTION NO. ___

The Sangguniang Panlungsod of the City of Cebu, on motion of Member Cabrera,
Seconded by Member ______________

RESOLVED, to approve this Ordinance:

PROPOSED ORDINANCE
Ordinance No. ___

An Ordinance Providing for Shared Priority Bike Lanes in Designated Roads in Cebu City, Establishing Appropriate Traffic Rules and Regulations and Providing Funds and Penalties For Violations Thereof

 WHEREAS, it is the policy of the State to support the promotion of clean air by encouraging the use of bicycles thereby minimizing the use of motorized vehicles that contribute to carbon emission;

WHEREAS, various legislative measures are filed in Philippine Congress promoting sustainable and alternative modes of transportation to improve air quality and contribute to positive health impacts in our society;

WHEREAS, the fuel used to run cars and motor vehicles is costing the Philippines more than P1 billion a day, and our dependency on imported fossil fuel has a multiplier effect on the prices of our basic commodities, goods and services;

WHEREAS, biking is one of the alternative cheaper modes of transportation, emission-free, affordable to the masses and occupies less space;

WHEREAS, biking to work and school will help decongest traffic jams, save expensive fossil fuel, promotes pollution-free environment and minimize global warming;

WHEREAS, a petition was recently filed asking the Supreme Court of the Philippines to issue a Writ of Kalikasan that would require the government to devise and implement a road-sharing scheme for motorists, cyclists and pedestrians;

WHEREAS, there is a need to establish shared priority bike lanes and bike-friendly zones in order to safeguard bikers from accident and other road-related incidents;

WHEREAS, Section 458, subparagraph 3(vi) of Republic Act No. 7160, also known as the Local Government Code of 1991, empowers the Sangguniang Panglungsod to enact measures directed towards the promotion of a safe and healthy life, protection, conservation of environment and general welfare;

WHEREAS, Section 2 of City Ordinance No. 2243, otherwise known as the Sustainable Development Ordinance of the City of Cebu, declares the City Government’s commitment to green the city and initiate environmental programs such as creation of shared priority bike lanes, establishment of mass transit system, more parks, mini-forests and open spaces;

THEREFORE, the Sangguniang Panlungsod of the City of Cebu, in a regular session assembled, hereby ordains that:

SECTION 1. Title. – This Ordinance shall be known as “The Tindak Sugbo Lanes Ordinance”.

SECTION 2. Scope & Application.  – The application of this Ordinance shall be limited to human powered vehicles/bikes/bicycles on designated shared priority bike lanes or bike friendly zones in Cebu City.

SECTION 3. Definition of Terms. – For the purpose of this Ordinance, the following terms shall mean:

a)     Bike/Bicycle – refers to any vehicle which is solely and wholly human powered.

b)     Shared Priority Bike Lanes/Bike Friendly Zones – refer to the areas designated as priority lanes for passage of solely and wholly human-powered vehicles/bikes/bicycles. Shared Priority Bike Lanes/Bike Friendly Zones shall be known as Tindak Sugbo Lanes;

c)      CITOM – refers to the Cebu City Traffic Operations Management;

d)     DEPW – refers to the Cebu City Department of Engineering and Public Works;

e)     Cyclist/biker – refers to the person riding a solely and wholly human-powered vehicle/bicycle;

f)        DPWH – refers to the Department of Public Works and Highways;

g)     Shared-lane marking or Sharrow – refers to a 1.5-meter wide pavement marking installed on the rightmost side of the road to indicate where bikers/cyclists should ride their bikes/bicycles to avoid traveling within the door zone of parked cars, to alert motorists to share the road with bikers/cyclists and to make known that the street is a shared priority bike route;

h)     Bike Racks/Bike Parking Facilities – refer to a designated secured area for parking bikes/bicycles;

i)        Bicycle Safety ear – refers to a protective gear such as helmet and night blinkers/lights and reflectors;

j)        Commercial establishments – refer to public or private structures utilized or operated for business or profit;

k)      Public use – refers to any utilization, function, or service that is accessible to the general population or community;

SECTION 4. Establishment of Shared Priority Bike Lanes/Bike Friendly Zones. – Upon the recommendation of the Bike Lanes Board/Tindak Sugbo Board, the CITOM shall implement the shared priority bike lanes/bike friendly zones to be known as Tindak Sugbo Lanes in the allocated areas.

The DEPW in coordination with the DPWH and the CITOM, and after consultations with the affected barangays, shall be responsible for the establishment of the appropriate areas for shared priority bike lanes/bike friendly zones and shall likewise establish the necessary road or traffic signs for the same.

In areas where shared priority bike lanes/bike friendly zones are incorporated in sidewalks and pedestrian lanes, CITOM, DEPW and DPWH shall coordinate with the Cebu City Parks and Playground Commission.

SECTION 5. Rights, Duties and Obligations of Bikers/Cyclist. – The following shall be the rights, duties and obligations of bikers/cyclists:

a)       To ride on public road or street designated as Tindak Sugbo Lanes;

b)       To make the appropriate hand signals in every road turn to make, which should be executed not less than 100 feet from the intended road turn;

c)       To make audible signal before overtaking;

d)       To be equipped with brakes, lights and reflector (during nighttime);

e)       To keep one hand on the handlebar at all times;

f)        To wear the appropriate bike helmet at all times for bikers 18 years old and below;

g)       To yield the right-of-way to all traffic on such roadway whenever entering or about to enter or to cross a roadway;

h)       To procure the necessary biker’s permit, bike license plate and registration in accordance with existing laws and regulations, such as City Ordinance No. 801, as amended, otherwise known as “An Ordinance Establishing a Traffic Code for the City of Cebu”; and

i)         To follow traffic or road signs or signages and abide by all existing traffic laws, rules and regulations.

SECTION 6. Establishment of Bike Racks/Parking Facilities. – Commercial establishments and other structures for public use or purpose are required to provide bike racks/parking facilities in their respective area or operation. To promote the tenets of sustainable development, these bike racks/parking facilities shall be painted with sustainability indices.

SECTION 7. Prohibited Acts. The following are prohibited acts:   

 a)       No person shall create obstruction along the Tindak Sugbo Lanes such as, but not  limited to, sidewalk vending, dumping of construction materials and loading and unloading of goods and unfinished construction work except in emergency cases or situations;

b)       No person operating a motor vehicle shall drive less than three (3) feet away from the biker/cyclist while in the Tindak Sugbo Lanes except to park when parking is allowed or to enter or leave the said lane or prepare for a road turn;

c)       No bikers shall bike under the influence of alcohol and prohibited substances;

d)       No person operating a bicycle on a highway shall ride on a seat other than the permanent and regular seat;

e)       No person shall operate a bike on a roadway unless he or she is equipped with proper brakes, lights, and reflector and wearing safety gear;

f)        No biker shall cling to another vehicle while driving; and

g)       No biker shall do any exhibitions and stunts on the Tindak Sugbo Lanes, such as riding on the handlebars and “step nut” riding and the likes.

SECTION 8. Penalties. The following are the penalties for violation of this Ordinance:

a)       For failure to provide bike racks/parking facilities as required under Section 6 hereof:

For establishment operating for business: Their business permit shall be renewed unless they would provide the bike racks/parking facilities in accordance with this Ordinance .

For establishment operating not for business: A fine of One Thousand Pesos (P1,000.00) for the first offense. A fine of Three Thousand Pesos (P3,000.00) for the second offense. A fine of Five Thousand Pesos (P5,000.00) for the third offense.

b)       For commission of any of the prohibited acts under Section 7 hereof:  A fine of Five Hundred Pesos (P500.00) for the first offense. A fine of One Thousand Pesos (P1,000.00) for the second offense. A fine of One Thousand Five Hundred Pesos (P1,500.00) for the third offense.

SECTION 9. Creation and Composition of the Tindak Sugbo Board A Tindak Sugbo Board shall be created responsible for the administration and implementation of the bike lanes plan of the City of Cebu. Tindak Sugbo Board shall consist of the following members:

Chairperson:                  The Cebu City Mayor, or his/her duly designated represetative

Vice Chairperson:          Chairperson of the SP Committee on Environment or  his/her duly designated representative

Members:                     Head, Cebu City Traffic Operations Management (CITOM) or his/her duly designated representative

Head, Cebu City Department of Engineering and Public Works (DEPW) or his/her duly designated representative

Head, City Planning and Development Office (CPDO) or his/her  duly designated representative

Five (5) active bike groups

One (1) transport organization

SECTION 10. Functions and Duties of the Tindak Sugbo Board – It is the function and responsibility of the Tindak Sugbo Board:

To designate the Tindak Sugbo Lanes;

To create policies for the implementation of the City’s shared priority bike lanes program;

To create the bike educational campaign program;

To perform such other functions necessary to effectively implement this Ordinance.

            SECTION 11. Regular Meetings, Quorum, and Honorarium of the Tindak Sugbo Board – Regular meetings shall be held at least two (2) times but not more than four (4) times a month, unless a special meeting is called for by the Chairman. Quorum shall constitute majority of the members present.

For every meeting attended, the member shall receive a minimum amount of One Thousand Pesos (P1,000.00), but not to exceed Four Thousand Pesos (P4,000.00) per month.

For consultation and improved coordination of national government policies and programs and extension of adequate technical and material assistance, representatives of national agencies must be notified of the said regular meetings whenever necessary.

SECTION 12. Enforcement. – CITOM shall be responsible for the strict implementation of this Ordinance, including the establishment of bike racks/bike parking. Bike patrols shall be set up to regularly monitor and maintain order in the Tindak Sugbo Lanes and shall apprehend persons violating this Ordinance.

SECTION 13. Public Information and Awareness. – The DEPW, in coordination with the DPWH and CITOM, shall post the appropriate and relevant signages and road paintings along the Tindak Sugbo Lanes. Such signages shall be posted in relevant portions of the public roads designated as Tindak Sugbo Lanes indicating the city ordinance number and the title thereof.

SECTION 14. Source of Funds. – The funding for the establishment of Tindak Sugbo Lanes shall be thru allocation of one percent (1%) of the total Annual Investment Plan.

SECTION 15. Separability Clause. – If for any reason or reasons, any part or provision of this Ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected shall continue to be in full force and effect.

SECTION 16. Repealing Clause. – All previous ordinances inconsistent with this Ordinance shall be deemed repealed or modified accordingly.

SECTION 17. Effectivity. – The Ordinance shall take effect fifteen (15) days after publication in a newspaper of local circulation.

            CARRIED UNANIMOUSLY.

RESPECTFULLY SUBMITTED:

NIDA C. CABRERA
City Councilor