Advertisements on Street Furniture

L.C.B.L.18/2/2003

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture

(Floriana Local Council) Bye-Laws, 2003

IN exercise of the powers conferred by articles 34, 36 and 60 of

the Local Councils Act, and in conformity with the provisions of article

35(8) of the said Act, the Floriana Local Council has made the following

Bye-Laws:-

1 The title of these Bye-Laws is the Advertisements on Street Citationand

Furniture (Floriana Local ~ouncil) Bye-Laws, 2003.

commencement.

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

publication in the Gazette.

(Article 3.5)

Fees due for Advertisements on Street Furniture

Size

Fee Due

Two Weeks

One Month

One Year

Lm 5

Up to 0.5 square metre

Lm 3

Lm 20

Up to 1.0 square metre

Lm 6

Lm 50

LmlO

Up to 2.0 square metres

Lm12

Lm20

LmlOO

Exceeding 2.0 square metres -Lm2 per day (subject to a minimum of Lm40).

Ippubblikat rnid-Dipartiment la' I-Informazzjoni (doi.gov.mt) Valletta - Published by tile Department of lnfonnation (doi.gov.mt) - Valletta

Mitbugh fl-Ismmperija tal-Gvem - Primed at the Government Printing Press

In these Bye-Laws, unless the context otherwise requires:-

Interpretation.

"Act" means the Local Councils Act;

"advertisement" means any type of promotion, whether

commercial or otherwise, and includes a notice;

"applicant" means the person who applies to the Council under

the provisions of sub article (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 sub article (1) of article 3 of these

Bye-Laws;

"Council" means the Floriana 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,

skips or bins on wheels, bus shelters, benches, planters, boundary

walls, walls, columns, tree pits, verges and central reservations,

roundabouts, central strips and traffic islands.

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

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

street furniture within the Floriana locality boundary without the written

authorization of the Council.

3.2 Such 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

guideIlnes issued or which may be issued from time to time by the

Council, in terms of paragraph (g) of sub article (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 sub article (3) of this article.

Following a public call by the Council, the authorization of

3.3

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. In

every case the Council reserves the right to refuse to renew the contract

after having given valid reasons in writing to any person concerned.

The Council may, on awarding the contract mentioned in

3.4

sub article (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, third parties

would not require the Council's authorization

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 or under conditions

which are different from those stipulated in the original 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 tender document which has been accepted.

3.6 Notwithstanding the authorization granted under these Bye-

Laws, the person to whom authorization is given is personally

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

3.7 The Council may grant authorization in tenns of these Bye-

Laws to voluntary organizations that operate from the locality, 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. In

any case to the contrary, the person responsible for removing such

advertisements shall be guilty of a contravention.

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

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 (Lml) and not more than five liri

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

Laws or any condition of the authorization is breached.

D