Public reminded on smoke-free ordinance violations, penalties

BAGUIO CITY – The Smoke-Free Baguio Task Force chaired by Mayor Mauricio Domogan reminded the public on the violations and their corresponding penalties under Ordinance No. 34 series of 2017 or the “Smoke-Free Baguio Ordinance.”

The reminder came as the City is now poised to issue citation tickets for the violations as part of the preparations for the full implementation of the measure.

The violations are:
On Section 5 particularly on prohibited areas, those caught violating the ordinance while in following areas: enclosed or partially enclosed areas, public conveyance, work place, unauthorized Designated Smoking Areas/Designated Vaping Areas, government vehicles, other public place and those allowing or abetting or tolerating above violations will be fined P1,000 for first offense, P2,000 for second offense and P3,000 for third offense;

As to access restriction, the following are prohibited acts:

Selling or distributing tobacco products/ and electronic nicotine delivery systems (ENDS) to minors, purchasing tobacco products/ENDS from minors, ordering or instructing or compelling a minor to use or light up, buy, or sell or distribute or advertise or promote tobacco products; selling or distributing tobacco products or ENDS in a school, public playground, other facilities frequented by minors, Dept. of Health officers or agencies, hospital, health facility or within 100 meters from any point in the perimeter of these places; selling tobacco products or ENDS within premises of government facilities, without business permit to see, as individual piece or per stick, removed from original pack without proper government regulated and approved health warning, by ambulant or street vendors including mobile or temporary stalls or kiosks or stations or units and selling or distributing sweets or snacks or toys or others in the form of tobacco products which appeal to minors.

Such acts are punishable with fines P2,000 for first offense, P3,000 for second and P5,000 for third offense.

Persons who fail to perform certain duties and obligations are also liable to wit:

Failure to post special No Smoking/Vaping or DSA/DVA signage (public or work place or public convenience); failure to remove ashtrays or receptacles in the area; DSA without certificate or permit from the government; failure to post sign in relation to the 100-meter restriction of sale or distribution of tobacco/ENDS products; failure to report violation on 100 meter restriction from perimeter; failure to secure permit to sell tobacco or ENDS products; failure to post special warning on sales or distribution of tobacco/ENDS for minors; failure to remove tobacco/ENDS advertisements or promotional paraphernalia; failure to secure approval and follow specifications for special tobacco/ENDS storage or containment; failure to establish internal procedure or follow specifications when violation occurs; failure to ensure awareness of employees on the ordinance; failure to allow inspectors to inspect establishment or conveyance or failure to post signage in either the local dialect or in English.

Violators face fines of P1,000, P2,000 and P3,000 for the successive offenses.

On advertisement and promotion ban, the following are prohibited: Placing cinema or outdoor advertisements of tobacco products or ENDS; placing or positing or display or distribution of advertisement or promotion materials that show brand or company name or logo or insignia in the establishment where minors are allowed entry; conduct of promotional activities or campaigns or events or product sampling in establishments or locations where it is prohibited or where minors are allowed entry; or display or placing of tobacco products or ENDS in open store shelves or racks.

The fines for these violations are P2,000 P3,000 and P5,000

If violators are minors, they have the option to render community service upon referral to the Women and Children Police Unit or the Office of the City Social Welfare and Development Office.

The task force is firming up internal policies to ensure the effective implementation of the ordinance this year.

A total of 72 Public Order and Safety Division personnel had been deputized to help the Baguio City Police Office under P/Sr Supt. Ramil Saculles in the enforcement.

Tobacco control officer Dr. Donnabel Tubera said barangay officials and designates will be next after undergoing a training scheduled this March. /Aileen P. Refuerzo


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