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[av_heading tag=’h3′ padding=’10’ heading=’Antismoking ordinance no ‘teeth’ without IRR?’ color=” style=’blockquote modern-quote’ custom_font=” size=” subheading_active=’subheading_below’ subheading_size=’15’ custom_class=”]
BY BOY RYAN ZABAL
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Monday, March 27, 2017
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Implementing rules and regulations will give the antismoking ordinance in Kalibo, Aklan “teeth,” sources from the Office of the Mayor say. AFP
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KALIBO, Aklan – Its penalties may seem enough to compel smokers to kick the habit, but the antismoking ordinance may not be as effective as expected without implementing rules and regulations (IRR).
An IRR will give the antismoking ordinance “teeth,” sources from the Office of the Mayor said.
The ordinance prohibits smoking all forms of tobacco products and electronic cigarettes in public places, whether indoor or outdoor.
Penalties violators face include a P2,500 fine, imprisonment, and business permit revocation.
An IRR guides executive officials in carrying out an ordinance and the public in complying with it. Its guidelines must be clear to ensure fair implementation and prevent subjective arrest of violators.
Municipal Ordinance No. 2016-008 provides that selling tobacco products within 100 meters from schools, playgrounds and other facilities frequented by minors; government offices; and hospitals and health facilities are prohibited.
Other prohibited acts are smoking and vaping in enclosed or partially enclosed public places, work places and public conveyances, and selling, distributing and purchasing tobacco products and electronic nicotine delivery systems, or ENDS, to and from minors.
First-time violators will be issued citation tickets, fined P500 and subjected to a smoking cessation program.
On second offense, the violator will be fined P1,000; on third offense, P2,500 or imprisonment for more than five days, or both, at the discretion of the court, and suspension/revocation of business permits for business establishments.
Violators of selling, advertising and promotion provisions will be fined P1,000 on first offense, P1,500 on second offense, and P2,500 on third and subsequent offenses.
A Municipal Smoke-Free Council, led by the mayor, was created to enforce and monitor the implementation of the ordinance and hold education and information campaigns and capacity-building programs.
Designated smoking areas will be provided upon approval of the Smoke-Free Council.
Ninety days after the ordinance was first implemented, a team comprising Municipal Health Office, Municipal Engineer’s Office, Business Permits and Licensing Office, and Smoke-Free Council representatives will check the establishments and buildings’ compliance.
Trained enforcement officers will be deployed to the barangays to enforce the ordinance, said Sangguniang Bayan member Cynthia Dela Cruz. (With Aklan Forum Journal/PN)
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