Ordinance approved by the Sangguniang Panlungsod of the City of Cauayan, Isabela in its Regular Session held on February 23, 2021 at the SP Session Hall.
X X X
ORDINANCE NO. 2020 – 371
AN ORDINANCE REGULATING THE OPERATION AND MANAGEMENT OF POULTRY AND PIGGERY AND OTHER LIVESTOCK RAISING IN THE CITY OF CAUAYAN AMENDING CITY ORDINANCE NO. 2016-088 AND STRENGHTENING THE PENALTIES FOR VIOLATIONS THEREOF.
(Sponsor: HON. BAGNOS R. MAXIMO, JR.)
ARTICLE I. TITLE
This ordinance shall be known as “AN ORDINANCE REGULATING THE OPERATION AND MANAGEMENT OF POULTRY, PIGGERY AND OTHER LIVESTOCK RAISING IN THE CITY OF CAUAYAN AMENDING CITY ORDINANCE NO. 2016-088, AND STRENGTHENING THE PENALTIES FOR VIOLATION THEREOF.”
ARTICLE II. PURPOSE
Section 1. As enshrined in the 1987 Philippine Constitution, it is the declared policy of the state to protect and promote the right to health of the people and instill health consciousness among them and to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of the nature in pursuance of this policies, this ordinance is enacted and amended City Ordinance 2016-088 for the purpose of regulating all piggery, poultry and other livestock raising in the City of Cauayan.
ARTICLE III. OBJECTIVES
Section 1. To ensure that all piggery and poultry and other livestock raising business and activities in the City of Cauayan are compliant with all existing pertinent laws, rules and regulation, particularly those issued by the Department of Environment and Natural Resources, the Department of Agriculture and the Housing and Land Use and Regulatory Board as well as applicable local ordinance including this ordinance;
Section 2. To protect public health and safety and to promote the general welfare, with particular focus on minimizing if not eliminating foul odor, fly infestation and water pollution;
Section 3. To assist the growth of piggery, poultry and other livestock business and activities in the City of Cauayan through regulated management and administration.
ARTICLE IV. SCOPE AND COVERAGE
Section 1. This ordinance shall be enforced within the territorial jurisdiction of the City of Cauayan;
Section 2. The provision of this ordinance shall apply to all piggeries and poultries operating within the territorial jurisdiction of Cauayan City, however, piggeries and poultries existing and operating for at least five (5) years are exempted from complying with the distance requirement with respect to build up areas, major roads and distance to other farm;
Section 3. In case of existing poultry and piggery farms which ceased to operate for more than one (1) year, the revival thereof shall be considered as a new applicant to operate such poultry and piggery farm shall be covered by this ordinance.
ARTICLE V. DEFINITION OF TERMS
As used in this Ordinance, the following shall be defined as follows:
- ANIMAL WASTE – means a material composed of excreta, with or without bedding materials and/or animal drugs collected from poultry, ruminants or other animal except humans;
- BACKYARD FARM – refers to raising of livestock animals in household backyards;
- BODY OF WATER – most often refers to large accumulation of water such as oceans, seas and lakes but it includes smaller pools of water such as ponds, wetlands or more rarely puddles;
- COMMERCIAL FARMS – shall refer to any parcel of land devoted to raising or breeding of animals used for commercial purposes, it is generally managed and operated by the owner or a tenant;
- CONFORMING USE – a use which is in accordance with the zone classification as provided for in the zoning ordinance;
- NON-CONFORMING USE – existing non-conforming uses/establishments in an area allowed to operate inspite of the non-conformity to the provisions of the ordinance subject to the conditions stipulated in the zoning ordinance;
- CONTRACT GROWERS – entities/individual engaged in raising animals based on the agreement with contracting party (company or individual). The contract grow provides housing, labor and other necessities in rearing animals;
- INSPECTION – an act by an official inspector to ensure compliance with the rules and regulations including but not limited to quality assurance program, hygiene and sanitation program, sanitation and standard procedures and hazard analysis control program;
- FARROWING – is a term specific to swine that refers to the action of giving birth;
- FATTENING – refers to the process whereby the hogs are fattened up to 200 pounds primarily for slaughter;
- MAJORS ROADS AND HIGHWAYS – refers to any city, provincial and national roads that link regional/provincial town, centers and serving as the main transportation arteries;
- NEAREST GROUNDWATER – the nearest water beneath the earth surface often between saturated soil and rock that supplies wells and springs;
- PIGGERY FARM – shall refer to a parcel of land devoted to the raising and breeding, depasturing, feeding or watering of pigs and swine;
- POULTRY – a collective term for all domesticated fowl as chicken, turkey, ducks or geese or gamefowls;
- POULTRY FARM – shall refer to any parcel of land devoted to raising of domesticated fowls which serve as source of eggs and meat for human consumption;
- SOW – refers to female adult swine or pig;
- STANDARD SEPTIC TANK – a watertight, multi chambered receptacle constructed within the set of standards that receive sewage and partially digested organic matter in the sewage.
- BUILD-UP AREAS define as an area densely covered by houses or other buildings.
- HIGHLY MECHANIZED and INDOOR INTENSIVE HOUSING refers to factory farming/raising or in confinement at high stocking.
- SMALL SCALE POULTRY consist of 501 to 5,000 heads.
- SMALL SCALE PIGGERY consist of two (2) sows and eleven (11) heads.
- MEDIUM SCALE POULTRY consist of 5,001 but not less than 10,000 heads.
- MEDIUM AND LARGE SCALE PIGGERY consist of more than 2 sows and more than 11 heads.
- LARGE SCALE POULTRY consist of 10,000 heads and above.
ARTICLE VI. THE CITY TASK FORCE
Section 1. The City Task Force is hereby created to compose of the following:
Section 2. The City Task Force shall have the authority to oversee the implementation of the provision of this ordinance including the creation of a joint inspection team for the periodic monitoring thereof and other related activities as maybe provided by rules, regulations and guidelines mandated by law;
Section 3. As a requirement for issuance of building or business permit, a certificate to operate and build shall be issued by the Joint Inspection Team upon inspection of piggery and poultry farm approved by the City Council.
Article VII. REGULATORY REQUIREMENTS
Section 1. Upon the effectivity of this Ordinance, the City Planning and Zoning in coordination with the City Veterinary Office shall conduct a comprehensive census of all piggery and poultry farms in the City of Cauayan. Such census shall list the facility, owner/operator/contract grower (if on lease- contract of lease and duration of lease) location and area of farms number of fowls, head swine and hogs and inventory of existing facilities;
Section 2. All developers intending to establish, put up and operate piggery and poultry farm in the City of Cauayan as well as existing poultry and piggery farms which intend to expand its farm shall secure a development permit from the Sangguniang Panlungsod of the City of Cauayan in accordance with the City Comprehensive Land Use Plan.
Any deviation from the zoning classification in acting on the said applications may be allowed by the Sangguniang Panlungsod on valid and justifiable causes or reason;
Section 3. All plans design and specifications and special features of proposed poultry and piggery farm buildings should be submitted to the City Engineer for review and approval to the issuance of business permits;
Section 4. Plans for Biogas digester (piggery only) must be presented to the City Task Force for review and approval before construction;
Section 5. All animal farms whether backyard or commercial are required to register their farms with the Barangay where they are located;
Section 6. All commercial piggery and poultry must be registered in the Bureau of Animal Industry;
Section 7. The fees payable on applications for permits and registration and upon issuance/renewal shall be in the amount imposed by the City of Cauayan and the concerned Barangay;
Section 8. The City Planning and Zoning Officer and the Barangay where the poultry and piggery where located shall keep a record of all animal farm that have been issued permit and registration certificate as well as the renewal thereof which shall contain in the following:
The name and address of the holder of permit shall be the actual operator of the animal farm;
The location of the animal farm;
The purpose for what the permit has been issued;
The date of the first permit issued on the date of any renewal granted;
Every change of occupants and management of the farm since the first permit was issued.
Conditions under which the permit was issued.
ARTICLE VIII. STANDARD AND REQUIREMENTS
- Piggery and poultry shall be situated preferably in a high topography and broad terrain for good ventilation. For proper drainage, the farm should be located in a rolling terrain, flood prone areas, and other environmentally critical areas like source of water supply shall be avoided;
- It shall not be built on soils with high moisture level, the soil must be well drained and porous;
- Commercial piggery and poultry farms shall be surrounded with a buffer zone to be planted by trees and shrubs;
- It shall not be located within a 25 meters radius from sources of ground and surface of drinking water;
- Conventional typed piggery and poultry farm shall be at least 1,000 meters away from the buildup areas and Highly Mechanized and Indoor Intensive Housing piggery and poultry farm shall be at least 750 meters away from the buildup areas as designated in the City Comprehensive Land Use Plan while backyard poultry and piggery farms shall be at least 500 meters away from such buildup areas;
- Establishment of commercial farming shall be located in accordance to the zoning classification of the City;
- Commercial piggery farm shall be 500 meters away from National Highways and commercial poultry farms shall be 200 meters away from National Highway and major roads;
- Commercial piggery and poultry farm shall be at least one (1) kilometer away from one another to minimize spread of pests and to reduce concentration of air pollutants in a given area. Such gap of distance for backyard poultry and piggery farms shall be 500 meters;
- The position of farm building which house the animals shall be oriented towards the direction of the wind or sunlight and on east west direction, the long axis of the building with a-double pen shall be in laid in a north-south direction to give all pens benefit of sunlight;
- Piggery farm are strictly required to construct biogas digester or standard septic tank for animal waste disposal and conform with the following requirements:
- It shall watertight;
- It shall be built on concrete and size proportional to the stock population;
- It shall not be constructed under any building within 25 meters radius from the nearest ground water.
11. Commercial piggery and poultry farm are encouraged to maintain a generator set sufficient to supply power to the farm building in order to avoid problems in the water supply, ventilations and cooling, heating and moisturizing needs of the animals and their waste in case of power failure.
ARTICLE IX. REGULATED ACTS
Section 1. Existing poultry and piggery farms shall be obliged to use chemical control biological or the use of probiotics to eliminate flies and its larvae and to minimize source of pollutants;
Section 2. It shall be unlawful to directly discharge animal waste in any irrigation canal, river or river banks or any body of water;
Section 3. Failure to maintain cleanliness and good sanitary surrounding at all times is a sufficient ground for the revocation of licenses and permits for its operation;
Section 4. No animal stockade for livestock industry shall be maintained and operated or keeping animals intended for butchering in any premises within the town proper for more than 3 days;
Section 5. All poultry and piggery farms is recommended to use such diets for their animals that minimizes foul odor in their waste and discharge;
Section 6. For backyard piggery farming, the animals shall be limited to ten (10) pigs, and for backyard poultry a total of twenty (20) fowls, any volume or population in excess of the prescribed number of heads shall be considered as commercial farming, and shall be categorized as small, medium and large scale poultry/piggery farms and it shall not be allowed in urban areas;
Section 7. Existing backyard poultry/piggery projects shall be obliged to use chemical control of flies, its larvae to minimize source of pollutant,
Proposed backyard poultry and piggery projects must secure a locational clearance and shall not be allowed in urban areas.
ARTICLE X. PENAL CLAUSE
Section 1. A penalty amounting to Five Thousand Pesos (P5,000.00) each of the owner/lessor and manager and a warning notice shall be imposed for the first offense, an amount of Ten Thousand Pesos (P10,000.00) each of the owner/lessor and manager plus a suspension notice for the second offense or fifteen (15) days imprisonment or both upon the discretion of the court, and a closure order of the establishment for the third offense shall be imposed to any person or entity violating the ordinance.
ARTICLE XI. NOTICES
Section 1. Any person who shall interfere, hinder or oppose any officer or member of the CITY TASK FORCE JOINT INSPECTION TEAM in the performance of their duty in the implementation of this ordinance, or shall tear down, mutilate, deface or alter, any billboard, streamer, poster or similar notices affixed to the premises in the enforcement of this ordinance shall be guilty of misdemeanor and is punishable upon conviction by imprisonment of not more than (6) SIX MONTHS, or a fine of not less than (P20,000.00) twenty thousand or both upon the discretion of the court.
ARTICLE XII. NO CONTEST PROVISION
Section 1. Any person or individual or entity who is apprehended or cited for violation, and who does not wish to contest the violation and is willing to pay voluntarily the fine imposed upon him/her prior to filing of formal charges with the proper court, shall be allowed to pay the said fine to the City Treasurer to avoid being criminally prosecuted within 48 hours upon apprehension otherwise the case shall be filed.
ARTICLE XIII. IMPLEMENTING AUTHORITY
Section 1. Members of the City Task Force and its composite team the Joint Inspection Team shall be primarily the lead agency in the implementation and enforcement of this ordinance.
ARTICLE XIV. SEPARABILITY CLAUSE
Section 1. If for a reason or reasons the provision or provisions of the ordinance shall be held invalid or unconstitutional, other parts thereof which are not affected shall continue to be in full force and effect.
ARTICLE XV. REPEALING CLAUSE
Section 1. All ordinances, rules and regulation or any part thereof, whose provision are in conflict to the provision of this ordinance are hereby repealed, amended and modified accordingly.
ARTICLE XVI. EFFECTIVELY CLAUSE
Section 1. This ordinance shall take effect upon the approval and publication in a newspaper of local circulation in the City of Cauayan for two (2) consecutive weeks.
ENACTED UNANIMOUSLY.
RESOLVED, FINALLY, to furnish copy of this Ordinance to hon. Bernard Faustino M. Dy, City mayor; Mr. Carlito B. Andres, City Treasurer; Mr. Oliver B. Francisco, City Planning and Development Officer; Engr. Alejo S. Lamsen, City Environment and Natural Resources Officer; Dr. bernadynn Bengie S. Reyes, City health Officer; Atty. Sherwin M. de Luna, City Business Permit and Licensing Officer; P/Supt. Gerald P. Gamboa, Chief of Police; Mr. Pilarito R. Mallillin, Chief POSD; Dr. Ronald C. Dalauidao, City Veterinarian; Engr. Edward B. Lorenzo, City Engineer; Atty. Reina Consorcia M. Santos, City Information Officer; Ms. Imelda L. Aquino, CESE, Concurrent CLGOO and all Punong Barangays, all of the City of Cauayan, Isabela and to the Office of the Sangguniang Panlalawigan, Provincial Capitol, Barangay Alibagu, City of Ilagan, Isabela, for their information and guidance.
ADOPTED AND APPROVED: February 23, 2021.
