Advertisements on Street Furniture

L.C.B.L. 24 #2#2004

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture

(G[arg[ur Local Council) Bye-Laws, 2004

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 G[arg[ur Local Council has made the following

Bye-Laws>–

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

commencement.

Furniture (G[arg[ur 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 –

(Article 3.5)

Fees due for Advertisements on Street Furniture

Size

Fee Due

Two Weeks

One Month

One Year

Up to 0.5 square metre

Lm3.00

Lm5.00

Lm20.00

Up to 1.0 square metre

Lm6.00

Lm10.00

Lm50.00

Up to 2.0 square metres

Lm12.00

Lm20.00

Lm100.00

Exceeding 2.0 square metres

Lm2.00 per day (subject to a minimum of Lm40.00)

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

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 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 G[arg[ur 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, benches, planters, boundary walls, walls,

columns, 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 G[arg[ur 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

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. 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.

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, 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 by the contract or with conditions

different from those stipulated in the original contract.

3.5 For every authorization granted by the Council according to

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 permits or licences necessary under any other law.

3.7 The Council may grant authorization in terms 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

adverts shall be guilty of a contravention.

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.