Anti-Smoking Ordinance of 2008

1. "Anti-Smoking Ordinance of 2008"
Provincial Ordinance No. 2008-06
Section 4. Prohibitions

a. It shall be lawful for any person to use/smoke cigars , cigarettes and/or other tobacco products in public places like port terminals, parks, plazas & sport centers, parking areas, tourist spots and resorts such as; the vicinity of Katibawasan Falls, Ardent Hibok-Hibok Spring Resort of Tagdo, Mambajao, the Walk-Way at Mt. Volcan, the ruins of the old Catarman Church and the Sunken Cemetery at Bonbon, Catarman, the Soda Swimming Pool and Resort and Sto. Nino Cold Spring Resort and other like places which the local government unit may designate as such.

b. It shall be unlawful for any person to use/smoke cigars, cigarettes and/or tobacco products inside public utility vehicle and other vehicles for hire while parking, waiting for passengers and/ or while running / travelling through and along national or local roads or thoroughfares and highways.

It shall likewise be unlawful for the driver of public utility vehicle to allow and/or permit any person to smoke cigars, cigarettes and/or other tobacco products in his motor vehicle while parking, waiting for passengers and while travelling along the national or local roads or thoroughfares.

It shall be the duties and responsibility of the owners and the drivers to display and install an anti-smoking warning sign "NO SMOKING" in all vehicles offered for public conveyance in the province of Camiguin.

c. It shall be unlawful for any person to use/smoke cigars, cigarettes and/ or tobacco products in public buildings and public offices like: public markets, abattoirs, gyms and auditoriums, capitol compound, municipal buildings, barangay halls, hospitals, health centers, hall of Justice and all government offices, waiting sheds, churches and chapels, school buildings and like buildings enclosed or otherwise throughout the island province of Camiguin. Provided however, that if so necessary any part or corner of the building may be designated as smoking area where the sign "SMOKING AREA" shall be posted or installed for public information by the building administrator or building in-charge. In no case shall any part of the hospital building and ground be designated as smoking area.

In no case shall the use/smoke cigars, cigarettes and/ or tobacco products be allowed and/or permitted in hospital and their premises and in health centers, elementary and secondary schools and their campuses in the province of Camiguin. Neither shall a smoking area be designated or identified in any nook or part of it.

d. It shall be unlawful for any person to use/smoke cigars, cigarettes and/or other tobacco products in private places where people gather in number for a purpose like; groceries, hardwares, hotels, restaurants, supermarts and malls and other like areas, provided, however, that if necessary a part of the area within the outfit may be designated and assigned for smoking area where a signage shall be posted/ installed for public information.

e. It shall be unlawful for any person to use/smoke cigars, cigarettes and/or tobacco products inside or on board a passenger vessel operating Guinsiliban-Balingoan, Benoni-Balingoan, and Balbagon-Jagna-Cebu and vice versa while on port and travelling within the waters of Camiguin.

f. It shall be unlawful for any person to use/smoke cigars, cigarettes and/or tobacco products in all gasoline filling stations and in other places where gas of no less than 20 liters are stored for sale or for use.

The managers of the gasoline filling station and owners of the stored gasoline of no less than twenty (20) liters in any area are directed to put up a visible sign of "NO SMOKING" in their place of business or storage area.

Section 5. Fines and Penalties
a. Any person violating the provisions of this ordinance shall be fined and penalized as follows:

1st offense - a fine of P200.00
2nd offense -a fine of P300.00
3rd offense -a fine of P500.00 and an imprisonment of fifteen (15) days.

b. Any owner or driver of a public utility vehicle who allow and/or permit any person to use/smoke cigars, cigarettes and/or tobacco products in his motor vehicle; any owner, manager, administrator of any private place or institution who allow and/or smoke cigars, cigarettes and/ or tobacco products in his place of business, enterprise or office and any boat captain of vessel calling any of the Camiguin or violating this ordinance shall be fined and penalized as follows:

1st offense -fine of P100.00
2nd offense -fine of P300.00
3rd offense -fine of P500.00

c. Any government official and/or employee violating this ordinance shall be subject to administrative sanction in addition to the prescribed fines and penalties in Sec.5 hereof.

d. Any person smoking cigars, cigarettes and/ or tobacco products in gasoline fillinng station and/or storage area where the sign of "NO SMOKING" is displayed and/ or installed shall be fined and penalized as follows:

1st offense -fine P100.00
2nd offense -fine P200.00 and imprisonment of not less than one (1) month
3rd offense -fine P500.00 and imprisonment of not less than two (2) months

Failure to display/ install "NO SMOKING" sign in any gasoline filling station or storage of gasoline of 20 liters or more for sale or use, the manager and/ or owner shall be fined and penalized as follows:
1st offense -P1,000.00 and 1 month imprisonment
2nd offense -P5,000.00 and 2 months imprisonment