Explanatory Memorandum
This Ordinance, regulating the use of spaces and public areas for the exercise of the business of independent workers in the state of Aragua Sucre Municipality, is justified in the right belonging to all citizens to enjoy free transit laid down in Article No. 50 of the Constitution of the Bolivarian Republic of Venezuela, as well as the social fact that represents the work, and the protection that the state is obliged to provide workers with no dependents, provided for in Article N º 89 of the Constitution the Bolivarian Republic of Venezuela. The intention is to achieve the right balance between attending to pedestrians and drivers, which run through the streets of Sucre Municipality, Aragua State and the right to attend non-dependent workers. Realize a solution that is short, medium and long term, through public policy allows us to know in depth the problem and find solutions without violating democratic rights and interest of anyone. One day stop as it has been raised through the Social Development directorate of the Municipality of Sucre Municipality, Aragua State, does not solve the problem of workers not dependent, perhaps there is simply no political will to address a problem that if depth reviews can be fixed. It is imperative to build the large popular market for employed workers who work in the streets of Sucre Municipality, Aragua State, achieving the dignity of the worker dependent and we allow the regulatory authority, finally in the field that the law permits, This proposal is made under section Ordinance No. 95, Paragraph No. 1 in accordance with article No. 265 of the Organic Law of Municipal Public Power, waiting for review and discussion as provided in the standard.
The Council Municipal Sucre Municipality, Aragua State, in exercise of the legal powers conferred by article No. 175 of the Constitution of the Bolivarian Republic of Venezuela, Paragraph No. 01, Article N º 95 of the Organic Law on Municipal Public Power punishes following:
ORDINANCE REGULATING THE USE OF PUBLIC SPACES AND AREAS FOR THE EXERCISE OF THE BUSINESS OF WORKERS NOT DEPENDENT ON STATE Aragua Sucre Municipality
CHAPTER I GENERAL PROVISIONS
ARTICLE 1: This ordinance is intended regulate the jurisdiction of the Sucre Municipality, Aragua State, the use of spaces and public areas for the exercise of economic activity carried out by independent workers engaged in the business of retail goods and services.
ARTICLE 2: The use of space and designated areas as provided in this Ordinance and in order to make them permitted activities may only be granted to individuals to make the exercise of this activity your only source of income.
SINGLE PARAGRAPH: For the purposes of this Ordinance, the term economic activity undertaken by independent workers; to that practiced by individuals engaged in the sale of goods and services on public roads.
CHAPTER I
MEDIA BUSINESS ACTIVITIES TO USE IN PUBLIC AREAS AND AREAS FOR EXERCISE ACTIVITIES OF SALE OF GOODS AND SERVICES.
ARTICLE 3: The use of spaces and public areas, to be granted to exercise economic activities in selling goods and services to retail, can only be made through the following means:
Kiosks
permanent positions and street vendors, according to the regulations established in the Ordinance.
For purposes of this ordinance means:
a) Kiosk: These facilities are dismantled, roofed, open on one side to the outlet and an access gate, permanently installed and in one particular point and duly approved and platted for the purpose of registration.
b) Outlets: These are tensile structures that can be manual or mechanical, located in areas identified in groups according to schedule.
c) Selling Places: are removable facilities, located in specific areas or specific.
d) Street Vending: The structures carried out in mobile, without a fixed location, moving along established routes or at specific points of public roads.
e) Areas: Areas available for consultation by the Municipal Executive in conjunction with Community Councils and / or organization of independent workers in assemblies of citizens, are reported as working for the establishment and development of sales activity retail goods and services.
f) Route: Route predetermined path in which economic activity may be exercised according to the physical location to establish this ordinance.
CHAPTER III
OF PUBLIC SPACES AND THEIR USE
ARTICLE # 4: The use of spaces and public areas for economic activities of selling goods and services authorized under the provisions of this ordinance, only be granted in those areas and public spaces, as defined by the Municipal Executive in conjunction with Community Councils and / or organization of independent workers in the Citizens Assemblies.
ARTICLE 5: The Municipal Executive in conjunction with Community Councils and / or organization of independent workers in the Citizens Assemblies approve the use of areas special and exclusive use for the exercise of the sales activities of retail goods and services by people with disabilities, seniors, craftsmen or artists of folk art and urban articultores. In any case to grant the use of such areas, the procedures set forth in this Ordinance and corresponding regulations. For the purposes of this Ordinance shall apply:
a) Persons with Disabilities: As set out in Item No. 6 of the Law for Persons with Disabilities states: are all those people that causes congenital or acquired present some dysfunction or lack of capabilities for physical, mental, intellectual, sensory or combinations thereof, temporary, permanent or intermittent, which in interaction with various barriers will involve disadvantages that hinder or prevent their participation, inclusion and integration into family and social life as well as the full exercise of their rights human on equal terms with others. It is recognized as persons with disabilities: the deaf, the blind, the deaf blind, those with visual dysfunction, auditory, intellectual, motor of any kind, integration and impairment of cognitive ability, the low height, the autistic and combinations which wants some of the dysfunctions or absences mentioned and those suffering from an illness or disabling condition, scientific, technical and professionally qualified, according to the International Classification of Functioning, Disability and Health of the World Health Organization.
b) Elderly: As set out in the Social Services Law, in article No. 7, for the purposes of implementing this Act, means the elderly: the natural person or older than sixty (60) years of age.
c) Artisan: Any individual who is capable, by means of manual, to transform raw materials into different crafts and dedicated particularly in the sale thereof.
d) Folk Art Artist: Every individual who used his creativity, exercises the art of painting with a brush, spatula or other means, on any material or surface for the purpose of expressing their ideas.
e) independent workers: Anyone, male or female, natural or legal person who produces and / or marketing goods and services and has no employer.
f) Urban Articultores: Every individual who used his creativity, exercises circus, street and urban.
ARTIÍCULO No. 6: For the purposes of the activities covered by this ordinance and the granting of respective permit, are considered restricted areas:
Security Zones (grated)
Iglesias.
Banks and Financial Institutions.
Police Headquarters.
SINGLE PARAGRAPH: The marketing of goods and services within the spaces of the plaza.
CHAPTER IV
OF ACTIVITIES SUBJECT TO APPROVAL
ARTICLE # 7: Only grant permission to the exercise of the activities described in this article, in the spaces and public areas previously determined, the subject to the permits established in this Ordinance shall, sales activities of retail goods and services of the following items:
Newspapers, magazines, Laws and other printed publications.
phone rental (for making calls)
cleaning and polishing shoes. Candies
packed, soft drinks, malt and water.
Creole Candy, donuts and candy.
Burgers, hot dogs and related services.
Creole Cream and chicha. Product
craft and art activities.
fruit juices, tizana.
Pie, stuffed potatoes, corn cake, cachapa
Vegetables, legumes, fruits and grains.
Clothing in general.
Or any other lawful activity of trade.
SINGLE PARAGRAPH: The condition the respective permit, in the areas that need the permits by the health authorities of this municipality.
CHAPTER V
PERMITS
ARTICLE 8: To exercise the activity of selling goods and services to retail regulated by this ordinance requires a permit issued by the Institute for Health and Social Development, with the consultation of Urban Planning, Roads and Traffic Institute Terrestrial Treasury, in consultation with Community Councils Dependent Organized Workers. The permit under this article shall be granted solely and exclusively to natural persons, for it will require the following conditions: Being
Venezuelan adult, if a foreigner must have documentation.
The permit holder must carry out the activity itself, in the case of assistant they must comply with the provisions of subparagraph (a) of this chapter.
If you are under age, must comply with the respective procedures established by law governing the matter. So you can get the respective permission to work in accordance with law.
located in the district previously established in the Ordinance for the conduct of business which concerned, as defined in article No. 7 of the same, after deliberation by the municipal executive in conjunction with Community Councils and / or Organization of Non-Citizens Dependent assemblies, and without prejudice to the rights and seniority of the employee (a) not as dependent on your location.
Payment of fees established by Ordinance of Economic Activity.
PARAGRAPH ONE: This permit is not transferable.
ARTICLE 9: To performance of work activity in kiosks, liquor stores or trailer, post and / or peddling, located in areas, roads, routes and sites Sucre Municipality, Aragua State, previously determined by the Municipal Executive in conjunction with Community Councils and / or Organization of Non-Citizens Dependent assemblies may require certain design features, materials and dimensions, documentation of the permits and to this end the applicant shall provide data and provide the following documents:
Contact name.
Home Address. Proof of Residency
Updated.
Certificate of Good Conduct Copy of Identity Card of the person requesting the permit. Description
class or category of work activity to be performed.
Address, dimensions and precise location sketch of where the kiosk is located, sale or structure, point of sale or vending or the description of the route that will cover in the case of street vending, kiosks in public way, the respective signal.
also must submit the appropriate permits and health inspections to date, required by the People's Health Ministry, in the case of food outlet or similar light, charged by the People's Health Ministry.
ARTICLE No. 10: In the case of use of spaces and public areas for stalls, the permit shall contain the area and specific location where to install the kiosk, in the event that the area or public space to be used to install the kiosk is a public road can only be allowed after consultation with the Municipal Executive in conjunction with Community Councils and / or organization of independent workers in the Citizens Assemblies. As set out in the Act giving priority to vendors have more seniority on the site.
ARTICLE No. 11: Under no circumstances will renew the respective permit, without the submission of credit, issued by the Directorate of Finance of the municipality where the owner is in arrears with the tax, the permit will be suspended until cancel both the relevant tax to the Directorate of Finance of this City.
CHAPTER VI OBLIGATIONS
Item No. 12. Work activity authorized to be exercised in areas or public spaces should be exploited directly by the individual or in whose name the permit has been issued. Also for items that require assistants, they will be declared by the license holder who is responsible for their acts. The publishers of newspapers and magazines owned kiosks shall visibly identify with the permission code.
SINGLE PARAGRAPH: In case of duly proven need due to illness or other substantiating the absence warrants for a period longer than one month, which requires the replacement of the person legally authorized to carry out the activity, the permit holder may appoint a person you trust to replace them. The replacement will be by permit issued by the license holder to the party for the purposes to take place, given time it will be no more than four (04) months and may be revised as appropriate. ARTICLE
No. 13. Natural persons are obliged to obtain permission to exhibit in a conspicuous place on the kiosk, sale or blood drive structure, trailer, street stall, the permit, the date of issue with the cardholder's name as well as the obligation carry such identification card formats so concerned or by peddling their respective routes as well as uniformly good conditions. ARTICLE
No. 14. The dimensions of the kiosks, carts structures and different outlets defined in Article No. 07 of the Ordinance, ranging from a maximum of one meter and fifty centimeters (1.50 Mt) wide by one meter eighty long (1.80 Mt). And you can not have extensions, with the exception of cinema release.
ARTICLE No. 15: Do not allow installation of kiosks within five (5 mts.) Corner and a distance between kiosks and kiosk not less than fifty meters (50 mts.).
ARTICLE No. 16: Installation of outlets or structures and stalls, will only be permitted in areas which have been defined, after obtaining permission of the respective economic activity in accordance with the requirements established in this Ordinance.
ARTICLE No. 17: The moving for street, can not travel on sidewalks, or in the streets of Sucre Municipality, Aragua State. Their move is made according to the routes mapped previously established.
CHAPTER VII
SCHEDULE
ARTICLE No. 18: Installation of outlets or structure and point of sale requiring travel on public roads must carry out the offset for installation in the schedule from from from 08:00 am to 08:00 pm
ARTICLE No. 19: The hours of operation will be understood from 08:00 am until 08:00 pm
SINGLE PARAGRAPH: The schedule provided in this article may be modified by the Institute for Health and Social Development for holidays such as Carnival, Easter and holidays.
IX
OF PROHIBITION AND PENALTIES
Item No. 20: It is prohibited the sale and distribution of CDs and the like, whose attack morality and decency, it prohibits the marketing and sale of pornographic movies. Violations of this article results in confiscation of the goods, indefinite suspension of the permit and the application of the law that may apply.
ARTICLE No. 21 prohibited the sale and marketing of fireworks in the central town of the city. ARTICLE
No. 22. Is expressly prohibited the transfer of the permit which is used exclusively by the person originally granted. Executive power is in consultation with Community Councils and / or independent workers in the assembly of citizens, to grant the respective permits. ARTICLE
No. 23. No worker or employee of the Mayor of this municipality or public official may ask to himself or to an intermediary, permission to engage in commercial activity in public areas of this Municipality. ARTICLE
No. 24 shall be punished with suspension of commercial activity in public spaces of this town, by the temporary closure of a day (01), thirty days (30) continuous or definitive suspension of permit holders to owners (as): kiosk outlets or fixed structures, street stalls incurred in the following offenses:
When the employee is delinquent in terms of tariff obligations established in this Ordinance .
When this selling or consuming alcoholic beverages in jobs (as) no dependents who are performing the commercial activity in public areas of this Municipality.
When the allocated space does not meet hygiene standards, as well as placing waste in the right place in their respective bags.
When the committing any offense or offense.
When During the course of their work, incurred or recurrence of the violation of laws and municipal ordinances, thus affecting the normal development of labor peace and order.
When disrespect the grated walkways and entrances to businesses and established stores.
Where there is aggression against the partner (s), or disrespect for the public official.
When it is found that has more than one job. In order to ensure fairness and the right to work means that a person has more than one job with its own permission, except in cases of spouses or partners after verification of the same which can have a seat each.
When it is determined that the goods belong to businesses or established businesses.
ARTICLE No. 25: The permit holder shall have a period of fifteen (15) working days to rectify the situation which gave rise to the sanction period expires without having remedied the problem, the City Council Sucre, Aragua State, we shall recover the space with no opportunity for another person may be placed on the site of the person who was sanctioned, ie no one can occupy the space vacated.
ARTICLE # 26: There are grounds for cancellation of the license:
Failure of the provisions of this Ordinance.
Repetition of the grounds provided for in Article N º 24 of this Ordinance.
ARTICLE No. 27: When a permit is revoked may not be renewed as provided in the preceding articles. The owner is obliged to remove the structures which engaged in the activity spaces or public areas, and the expenses incurred shall be borne by.
ARTICLE # 28: When is conducting activities under this Ordinance, relating to independent workers, without having obtained the relevant permission, the Sucre Municipality, Aragua State reserves appropriate action.
IX
OF TAXES
ARTICLE # 29: The permit holder, cancel through the offices of Hacienda del Municipio Sucre, Aragua state, the amount of ten ( 10) annual tax units. This tribute will be directed to any natural person engaged in business as independent workers in the public areas of the Municipality Sucre, Aragua State. Such cancellation shall be made quarterly or annually, being exempt persons with disabilities and seniors engaged in business as independent workers in the public spaces of the State of Aragua Sucre Municipality.
CHAPTER X
OF THE SALE OF CRAFT IN PUBLIC SPACES
REGULATIONS
ARTICLE 30: The Municipal Executive, together with Community Councils and / or workers' organization No Dependents and organized groups of craftsmen may at meetings of citizens, to define areas such as boulevards and walkways, this without prejudicing the rights of workers does not depend on the different items, for the purpose of establishing areas exclusively for the activity such as production, distribution, placement and sale of handicrafts in the fixed site sale.
Item No. 31: The authority for the exercise of this type of work, the craftsman will do the work and purpose, and it will be quite personal and not transferable.
ARTICLE # 32: The State of Aragua Sucre Municipality is obliged to encourage and promote crafts as a cultural expression and development endogenous.
ARTICLE # 33: The activity regulated by this Ordinance carried out by individuals with disabilities and seniors will be subject to special rules established in the regulations of this Ordinance.
ARTICLE # 34: The Municipal Executive, together with Community Councils and / or organization of independent workers and organized groups of artisans, in an assembly of citizens, may indicate specific areas where exercise work activity regulated by this Ordinance , only the disabled and elderly.
CHAPTER XI
RESOURCES
ARTICLE # 35: Against the administrative decisions of any agency of the Mayor, the applicant may bring in to the body, the respective motion for reconsideration within fifteen (15) days after notification of the sanction.
ARTICLE # 36: The removal of the structures installed to perform the work activity distribution and sale of goods and services to retail, whatever that might be in a room or public area, but had been obtained previously permission does not lead to any action.
CHAPTER XII
TRANSITIONAL
ARTICLE # 37: During the process of discussing this Ordinance shall not allow any type of permits to help increase the sales (as) or workers ( as) not dependent on public areas of the state of Aragua Sucre Municipality.
ARTICLE # 38: The State of Aragua Sucre Municipality, the independent workers and the organized community must commit themselves, in terms of participatory democracy, to regulate the problem of space, working through (As) non-dependent, with the aim of building a shopping center to allow the relocation and upgrading of the (as) employees (as) no dependents.
CHAPTER XIII
FINAL
ARTICLE # 39: It specifically prohibits the retention of independent workers engaged as independent workers in the public spaces in Sucre Municipality, Aragua after built the mall for independent workers.
ARTICLE # 40: This Ordinance took effect, to be published in Official Gazette Municipal.
Given, signed and sealed in the Council Chamber of the State of Aragua Sucre Municipality five (05) days of November 2009. Communicate and be published, ELBA
FONTAINES LEAL Sigfredo
PRESIDENT SECRETARY
