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Ordinance No. 2011-03


AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT,OPERATION AND MAINTENANCE OF COCKPITS AND REGULATING COCKFIGHTING IN THE CITY OF ALAMINOS

EXPLANATORY NOTE
WHEREAS,cockfighting has been a popular, traditional and customary form of recreation and entertainment among Filipinos during legal holidays,local fiestas, agricultural, commercial and industrial fairs and still one of the major tourist attractions in the Philippines.

WHEREAS,pursuant to sec.458[3] of the local government code of 1991, it empowers the Sangguniang Panlungsod as the legislative body of the city, to enact ordinance authorizing the issuance of licenses or permits for the establishment, operation and maintenance of cockpits and regulating cockfighting.

NOW,THEREFORE,on motion of City Councilor Earl James Aquino and duly seconded by Councilor Joselito Fontelera,

Be it ordained by the Sangguniang Panlungsod of Alaminos City in regular session assembled, that:

ARTICLE I
TITLE.
This ordinance shall be known as 'The Cockpit Ordinance of Alaminos City'.

ARTICLE II. SCOPE This ordinance shall govern and regulate the establishment,operation, maintenance and ownership of cockpit in the city of Alaminos.

ARTICLE III. DEFEINITION OF TERMS. As used in this ordinance, the following terms shall be understood, applied and construed as follows:
a. cockfighting - shall embrace the commonly known game or term 'cockfighting, derby,pintakasi or tupada', or its equivalent in different Philippine localities
b. cockpit - the properly enclosed or fences premises or compound with one or more gates or doors for definite points of entrance and exit and license in accordance herewith for the holding of cockfighting derby, pintakasi, tupada or its equivalent terms in different Philippine localities.
c. zoning ordinance - refers to the existing of the city of Alaminos, Pangasinan, which logically arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant.
d. cockfight [soltada] - refers to the actual fight or physical combat of two [2] gamecocks,where between or either side are laid
e. regular cockfight - means a cockfight held on Sundays and/or legal holidays and for special purposes
f. derby - refers to any cockfight promotion other than the regular cockfight,participated by foreign or local entries
g. special cockfight - means a cockfight held on days other than sundays and legal holidays and for special purposes
h. special permit - means a permit secured from the Sangguniang Panlungsod [SP] to hold cockfighting on days other than Sundays and legal holidays
i. pit manager - a person who professionally or regularly manages a cockpit and cockfights therein. He may or may not be the owner of the cockpit
j. refereee [sentenciador] - a person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress. The injuries sustained by the cocks and their capability to continue fighting and decide and make known his decision by sign or gestures and result of the cockfight by announcing the winner or declaring a tie or no contest game
k. promoter - a person licensed by the city as such, who is engaged in the convening, meeting, holding and celebration of especially programmed and arranged cockfighting like local and international derbies or competition, special matched set to or encounters, pintakasi and ordinary fights or hock fights
l. bet taker [kristo] - a person who calls and takes care of bets from owners of both gamecocks and those of the bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a certain commission
m. gaffer [taga-tari] - a person knowledgeable in the art of arming fighting cocks with gaffs on their both legs
n. gater - as use in this ordinance shall mean, persons who screen and receive admission-ticket issued by the cashier to ticket buyer as a condition to gain access inside the cockpit
o. gamecock - refers to domesticated fouls, whether imported or locally bred, as well as the native fighting cocks indigenous to the country,trained and conditioned for actual fighting or for propagation and breeding purposes for eventual use in cockfighting

ARTICLE IV.OWNERSHIP,OPERATION AND MANAGEMENT OF COCKPIT
The following may own, operate or manage a cockpit: a. Filipino citizens not otherwise disqualified by law.
b. Cooperative or corporation, the capital of which is 100% Filipino-owned

ARTICLE V. LICENSING OF COCKPITS

Upon prior application made, the Sangguniang Panlungsod through an ordinance may authorize and license the establishment, operation and maintenance of cockpit to qualified applicants.

ARTICLE VI. REQUIREMENTS FOR LICENSING COCKPITS

The following requirements must be fully complied with before the issuance of licenses:
a. New license - every applicant for new license shall submit to Sangguniang Panlungsod through the SP Secretary the following requirements w/c must be fully complied with before the issuance of license:
1. the location and vicinity plan of the cockpit;
2. the cockpit building plan/design duly approved by the city building official and a certification that the applicant had complied with the area prescribed under the city zoning ordinance;
3. a certification by the zoning officer that the location/site of the cockpit is not within the radius of 200 lineal meters fro existing residential or commercial area, hospitals, schools,buildings, churches or other public buildings;
4. official receipts for payments of city taxes, fees, and other levies prescribed by law or city ordinance of Alaminos city;
5. the names o

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