Advertisements on Street Furniture

L.C.B.L. 16#8#2004

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture

(Dingli Local Council) Bye-Laws, 2004

IN exercise of the powers conferred by articles 34, 35(8), 36 and

60 of the Local Councils Act, the Dingli Local Council has made the

following Bye-Laws>–

1 The title of these Bye-Laws is Advertisements on Street Citation and

commencement.

Furniture (Dingli Local Council) Bye-Laws, 2004.

1.2. These Bye-Laws shall come into force one month after their

publication in the Gazette.

In these Bye-Laws, unless the context otherwise requires>–

Fees due for Advertisements on Street Furniture

Squares, roundabouts and roads

Size

Yearly Fee

Up to 0.50 square metre

Lm10

From 0.50 square metre to 2.0 square metres

Lm20

Exceeding 2.0 square metres

(not less than Lm150)

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Interpretation.

“Act” means the Local Councils Act<

“advertisement” includes a notice<

“applicant” means the person who applies to the Council under

the provisions of subarticle (2) of article 3 of these Bye-Laws<

“contractor” means the person who has been authorised by

the Council to display, fix or place any advertisement on street

furniture under the provisions of subarticle (1) of article 3 of these

Bye-Laws<

“Council” means the Dingli Local Council<

“street furniture” means any object, movable or immovable,

which is the Council’s property or is under its responsibility and

which although would not substantially form part of the road,

pavement, garden or other public area, would be placed in such

area or fixed to it, or even placed on it, and includes dustbins,

benches, poles, planters, boundary walls, walls, columns,

roundabouts, central strips and traffic islands, and any other object

which may be included by the Council by means of a resolution.

1 Subject to any permit, authorization, or licence required under

any other law, no person shall display, fix or place any advertisement

on any street furniture within the Dingli locality boundary without the

written authorization of the Council.

3.2 Authorization may be granted either after a written application

to the Council or else after a public call made by the Council for

applications to be submitted>

Provided that the authorization shall be deemed void if applicant

fails to comply with the requirements established in the guidelines issued,

or which may be issued from time to time by the Council in terms of

paragraph (g) of subarticle (1) of article 33 of the Act>

Provided also that the guidelines shall be incorporated in the

contract document which shall regulate the authorization granted by

the Council to the contractor in terms of subarticle (3) of this article.

3.3 Following a public call by the Council, the authorization of

the Council shall take the form of a contract in accordance with the

regulations and procedures applicable to Local Councils.

Such a contract shall be valid for a period of one year which may

be renewed for a further one year period by means of a contract.

3.4 The Council may, on awarding the contract mentioned in

subarticle (3) of this article, authorise the contractor to use the space

where advertisements may be displayed on street furniture, even by

selling the mentioned space to third parties. In such a case, any

advertisement may only be displayed following the written authorization

of the Council>

Provided that the contractor shall not use or sell the space for any

advertisement that is prohibited by the contract, or at a higher price

than that established by the Council in the contract.

3.5 For every authorization granted by the Council in accordance

with these Bye-Laws, there shall be paid a fee as established in the

Schedule to these Bye-Laws>

Provided that for the authorization granted by the Council following

a public call, the fee entitled to be paid to the Council is that offered in

the document of the accepted tender.

3.6 Notwithstanding the authorization granted under these Bye-

Laws, the person to whom authorization is given is personally

responsible for any permits or licences necessary under any other law.

3.7 The Council may grant authorization to voluntary

organizations that operate from the locality, parish organizations and

philanthropic societies or non-governmental organizations listed in the

Eighth Schedule to the Act, after the Council receives a written request

so as to advertise activities or public notices without payment.

3.8 Any authorization granted under these Bye-Laws is subject

amongst other conditions, to a condition that the advertisement shall be

removed within one week from the expiry date of the authorization.

Every person who is in breach of one of the provisions of Penalty.

these Bye-Laws or any condition of the authorization given by virtue of

these Bye-Laws, shall, on conviction, be liable to a fine (ammenda) of

twenty liri (Lm20) for such contravention, and to a further fine

(ammenda) of not less than one lira (Lm1) and not more than five liri

(Lm5) for every day during which one of the provisions of these Bye-

Laws or any condition of the authorization is breached.

(Article 3.5)