NEW ANTI-SMOKING ORDINANCE More woes to smokers

By EJ Dominic Fernandez
With more teeth and wider coverage, the city’s reinforced anti-smoking ordinance, Ordinance No. 0367-12, will be fully implemented on May 31 in time for the eleventh anniversary of the city’s anti-smoking campaign.
Anti-Smoking Task Force head Dr. Domilyn Villareiz announced the implementation of the new anti-smoking ordinance during the Kapehan sa Davao at SM Annex, Ecoland yesterday.
Villareiz said Ordinance No. 0367 supersedes Ordinance No. 043-02.
According to Villareiz, Republic Act 9211 or the Tobacco Regulation Act of 2003 which regulates the packaging, use, sale, distribution and advertisements of tobacco products is not enough for a hundred percent smoke-free Davao City. She said this prompted Mayor Sara Duterte to sign the new ordinance last November 05, 2012.
Villareiz reported that there are 224 violators of RA 9211 apprehended by the Davao City Police for the month of January in 2013, while there were only 17 for the same month last year. In 2012, there are 2536 apprehended violators of RA 9211 and only 596 in 2011.
Despite the increase in the number of RA 9211 violations, Villareiz said the law has a lot of loopholes. “This is why city ordinance no. 0367 – 12 was created to have our own stricter ordinance,” she said.
City Ordinance No. 043 – 02 is a new ordinance which now prohibits smoking on sidewalks with or without roofing, public conveyance and cemeteries.
The ordinance has also been expanded to include the prohibition of water pipes, shisha, electronic cigarettes, and any product that has nicotine content. It also prohibits selling of cigarettes in entertainment, accommodation and public establishments.
Unlike city ordinance 043 – 02, city ordinance 0367 – 12 will not allow the designation of smoking areas inside the establishments anymore.
Establishments can have designated smoking area as long as it is outdoors, and the designated area must be approved by the anti-smoking task force which is 10 meters from the entrance, exit and pathways of the said establishment, Villareiz said.
She said, “if these establishments will not follow, then we can have the Business Bureau close their establishment.”
People who are caught violating the ordinance will be apprehended and given a citation ticket so that cases will be filed. The ordinance also allows civilians to apprehend violators. After citation, violators will undergo counseling.
For those who are caught violating the ordinance, the first offense will have them pay a fine of P1,000 or one month imprisonment, second offense will be P2,500 or two months imprisonment, the third will be P5,000 or 4 months imprisonment.